First, TestFairy shall retain all your personal information and all your end users' personal information in strict confidence. TestFairy shall not disclose any personal information without the explicit consent of each data subject. Notwithstanding, TestFairy may use aggregated, non personally identifiable information, as long as such information cannot be re-identified.
Second, TestFairy provides you with the option to integrate itsSDK with your software and to distribute it for testing purposes. In cases where you choose to use TestFairy for app distribution, you are solely responsible for distributing your app to others. Meaning, don’t add viruses, don’t trick users into installing these apps, don’t wrap other people’s apps in TestFairy’s platform and never, I mean never, use the TestFairy service to harm others. You must let your users know about TestFairy’s collection of data and obtain their consent for it.
Third, when you use the service, TestFairy shall retain some information about your users and yourself; such information may be available to yourself, but TestFairy may use it, in an aggregated, non-personally identifiable manner, and distribute it to selected partners and clients (such as to identify system-wide bugs, or to create better services).
Fourth, while TestFairy employs best efforts to keep all information secure, and shall employ means to prevent unauthorized access, some of your information is sent or hosted by third party services, such as Zendesk, Google Apps, Intercom, Amazon Web Services, and therefore TestFairy cannot be liable in any case that the information is breached.
Fifth, you must notify your users, in a manner that is easy to understand, that their use of the app is monitored by TestFairy. Make sure that it is clearly included in your TOS. Lastly, you acknowledge that you will be solely liable for your applications to be fully compliant with the guidelines of the Apple App Store or Google Play or any other company you work with.
And now, for the legal part:
1. Who Can Register? By accepting these terms, you hereby warrant that you are entitled to TestFairy's eligibility terms (stated below) and that, if you are operating on behalf of a corporation, all its end-users and employees adhere to these terms as well.
a. Age and Authority: You are over 18 years of age, or if you are a corporation, the corporation is valid and allowed to enter into this agreement. If you are under 18, you obtained your parents’ consent to these terms of service.
b. Solvency: You are solvent and have not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability to enter into agreements such as these terms.
c. Residence: You do not reside in any proscribed state nor in any state that is embargoed by the United States Department of commerce.
2. Types of Users: Currently, TestFairy offers three different types of users: Free Accounts, which are granted limited access, Developer Accounts, which are meant for one person only, and Corporate Accounts, which are provided to multiple users.
3. How To Register? When you provide TestFairy with your electronic mail, it may send you an email to authenticate your email address and send a notification email to the address you provided. In the said email, TestFairy may include information or a link to authenticate your email account as the proprietor of the said address.
4. Security: Due to the sensitivity of information stored on your behalf on service and potential risk, you may be required to enter a password for your account. Please do not allow others to use your account. You are required to inform TestFairy, immediately, in any case where you believe that your account has been breached, and in any case you are in knowledge of where there has been any unauthorized use of any TestFairy account. Such notification shall be sent by email to email@example.com.
a. One Account for One User : TestFairy’s policy is to have one account for one legal entity, and one legal entity for one account. You cannot hold more than one account, and you cannot allow others to access your own username.
If you are a corporation, you can not share one username between all teammates, every teammate must have their own username. As an account owner you can invite other employees to join your account, however those joining your account must have their own credentials and can not use yours. You will be the one held liable for any damage which the users you invited to your account may cause.
b. Passwords : TestFairy strongly encourages the use of strong accounts (such as: ^e6usrh$@V&K% or correcthorsebatterystaple, but don't use these two) and that using the same password for more than one user or in more than one website is considered a bad practice. For more information about strong passwords and how to find strong passwords that are easy to remember, please read the following pages: http://www.baekdal.com/insights/password-security-usability https://xkcd.com/936/
c. Providing your Password to Others: You are specifically prohibited from sharing your email and password with any third party.
d. TestFairy’s Liability: TestFairy shall not be liable in any case where you did not adhere to these security guidelines and shall not be able to assist you in any manner should you refrain from using TestFairy’s best practices as published occasionally.
e. Trademark License: TestFairy may use your logo, insignia and name in relation to promoting its products by disclosing that you are a TestFairy user. Such use may be made according to TestFairy's discretion. If you object for the use of your logo, insignia and name, please do so by notifying TestFairy.
f. Limits onFree Accounts: We may place a cap on the use of free accounts; both on the number of apps integrated through the service, the number of users, sessions, integrations, API calls, or other usage. Such caps shall be placed according to our sole discretion and may change from user to user.
5. Services: For the purpose of these terms, the following shall be construed as TestFairy's services.
a. Integrating the SDK: TestFairy may avail you to a service to integrate your SDK inside your App.
b. Inviting Testers: TestFairy shall avail you to an apparatus to invite testers for your app, where such invitation may be sent by electronic mail or by sending a direct download link. TestFairy may also allow you to set up web-pages where you can post your App's information and request testers to join. You are solely liable for the content in such pages.
c. Statistics Dashboard: TestFairy may allow you to review the statistics dashboard, where you can monitor and review the use of your apps, and review specific installations, error logs and other information, as TestFairy may occasionally allow
d. Sharing Stats Links: TestFairy may allow you to create links that allow the sharing of your Statistics Dashboard and other information. Please use this feature with caution, as you are allowing others to review personal information of your testers.
e. Monitoring Use: TestFairy may allow you to monitor use of your apps, by providing you with screenshots grabbed from the testers’ apps, as well as obtaining geolocation and other technical information.
6. How Long Does TestFairy Retain Data? TestFairy retains data for a reasonable amount of time, and for no less than 14 days. However, TestFairy may remove data, or delete any backups, at any time and for any reason.
7. Payment For its services, TestFairy may charge you fees as set forth from time to time, or as published in the fee schedule in the software or Services, where such fees may be as charge per use, per app, per tester or per installation, and according to other business models. The Free version of the TestFairy Service may include only limited tests, apps, notifications, and may limit the number of installations, testers or features.
8. License to use and distribute your apps: License Grant: For these terms, the term “Software” shall mean all and any of TestFairy's software distributed throughout the TestFairy service, and any apps containing the TestFairy framework.
a. License: TestFairy hereby grants you a limited, sublicensable, non-assignable, commercial, royalty-free, non-exclusive license, all in accordance with the terms set forth and other legal restrictions set forth in third party software used while running Software.
b. Limited: You may useSoftware for the purpose of testing your apps, and solely for such purpose. If you are using Software for production purposes and installing them via public application stores or methods, such as “Google Play” or “App Store” or via offering public participation testing applications, please note that you shall be required to inform end-users about TestFairy’s services and that TestFairy shall not be liable in any case your app is removed from the application store for any reason or you are otherwise banned or removed from using a platform’s distribution channels.
c. Sublicensable: You may redistribute the Software throughout various channels provided that you may not: (a) alter or amend the Software in any form; (b) circumvent or otherwise modify the Software from contacting TestFairy's servers; (c) bundle Software with any third party software without using TestFairy's tools and Software for such bundling. Any software you bundle with the Software must be your own, and you cannot create packages containing third party software that is licensed under any reciprocal Open Source License (such as the GPL), or otherwise shall impair any of TestFairy's rights under this Agreement.
d. Non Assignable & Non-Transferable: You may not assign or transfer your rights and duties under this license.
e. Non-Exclusive: Your license is granted on a non-exclusive basis. Nothing in this license shall limit TestFairy from licensing, conveying, assigning, transferring or otherwise contracting any party in regards to Software.
f. Software’s Trademarks: TestFairy shall retain full title in Trademarks, and any trademarks and tradenames contained, including Software's names, logos, and all other intellectual property. Unless specifically stated in this license, no license shall be made to use, associate or affiliate Software with you in any manner.
g. Including In-Software Patents: If Software is covered by Patents, TestFairy grants you a non-exclusive, worldwide, royalty-free patent license under TestFairy's essential patent claims to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of Software.
h. No Use of Open Source: The use of Software as a part of a larger work is limited in cases where the larger work contains any reciprocal license as defined by the Open Source Initiative or any license containing stipulations which may require TestFairy, or yourself, to disclose or distribute the source code of Software to any third party or to yourself.
i. No Malicious Use: You may not use software in any application that includes viruses, trojans, malicious software or which otherwise uses end-users' information or computers without their consent. Moreover, you may not use Software with any content that may be deemed as offensive, illegal or infringes any third party rights.
j. Temporary: License is granted for a limited amount of time, and as long as you adhere to TestFairy's terms of service and pay the applicable fees.
l. Hide Sensitive Data: You will use the TestFairy API to hide recording and viewing of sensitive data, and you will periodically inspect that such API is still functional and that no sensitive information about your end-users is stored. You will make sure that no credit card data, medical information, information relating to religious beliefs, information relating to physiological or psychological status is retained by your app and recorded by TestFairy.
m. Compliance: You will ensure that the TestFairy SDK and Software interact well with your components and you will require that your users acknowledge that use in a production environment may cause bandwidth and battery usage. You acknowledge that you will be solely liable for your applications to be fully compliant with the guidelines of the Apple App Store or Google Play or any other company you work with.
9. Malicious Activity: TestFairy places high value on privacy and security and wishes to prevent unauthorized installations of apps and the TestFairy software, as well as any other malicious activity. Amongst other things, the following shall automatically be considered as Malicious Activity and incur termination of your account and withholding of any funds in it:
a. Spam: You may not use the services to spam, nor may you use spam to promote and distribute your apps. Where spam, for the purpose of this agreement, shall mean all and any uninvited or unsolicited postings or communications, including repetitive web-posting, splogs, unsolicited emails, short messages or social network messages, sending of invitations through social networks or end-users' contacts and engaging in any harassing activity.
b. Viruses and Malware: You may not use apps to distribute viruses and malware, nor may you use Viruses and Malware to distribute apps. Where Viruses and Malware, for the purpose of this agreement, shall mean all and any software or code that acts without the end-users' specific consent and/or performs any activity which was not intended to be performed by the end user, including any secret key-loggers, trojans, back-doors, and any automated installers and updaters.
c. Adult Content: You may not use apps to distribute Adult Content to end-users, nor may you use Adult Content to distribute apps, where Adult Content shall mean any pornography, obscenity, nudity, or other content which may be harmful to minors.
d. Tricking Children: Children are considered a sensitive group and are not eligible to enter into agreements without their parents' consent. Therefore, they cannot agree to TestFairy's terms and privacy statements.
e. Fraudulent Activity: You may not use apps for fraudulent activity nor you may use fraudulent activity to distribute apps. Where Fraudulent Activity shall mean any activity where:
1. The end-user is tricked or incentivized into clicking on any advertisements;
2. The end-user's device automatically generates clicks on advertisements or other links;
3. The end-users are manipulated into clicking on links that do not represent their actual content;
4. Software is installed on the end-users' devices without their specific opt-in consent.
f. Illegal Activity: You may not use apps in any illegal activity nor may you use illegal activity to distribute apps. Where Illegal Activity shall mean any activity that is prohibited in the jurisdiction where the apps are distributed in.
g. Infringing on third Party Rights: You may not use apps in any manner that infringes third party rights, nor may you infringe any third party rights to distribute apps. Third Party rights shall include, but are not limited to, the right for privacy, copyright, patents, trademarks, good will, good name and other rights. By means of example only, you may not use any trademarked logos in apps or bundle them with Software you are not licensed to bundle.
10. Removing Your Apps: In order to protect Your rights, TestFairy has set up this Notice and Takedown Mechanism to help you protect your content and ensure that no unauthorized use is made.
a. Prescreen and Moderation: You acknowledge that TestFairy cannot pre-screen all content, but that it shall have the right (but not the obligation) in its sole discretion to refuse or remove any app or User Account that is available via the Service. TestFairy shall have the right to remove any app or User Account that violates these Terms of Service or is otherwise objectionable, or for any other reason.
b. Cease and Desist: TestFairy values your rights and others rights, and therefore shall comply with all state regulations regarding third party rights. Should you encounter any app which you believe to be in violation of any of your rights, good name or copyrights, please file an infringement complaint to our Content Officer: firstname.lastname@example.org.
c. What Happens When TestFairy Receives a Complaint? TestFairy shall examine your complaint and shall forward it to the user who published said app for his answer, if possible. Should your complaint be found as false, harassing or made in order to prevent legal use of service, you shall bear all liability to compensate the user that you reported as infringing and/or TestFairy. In your complaint you will be required to inform TestFairy with:
1. A written statement regarding what app infringes your rights and proof that you hold those rights;
2. The exact URL of such app;
3. Notification that you believe that the use made by this app is not considered fair-use, criticism, consumer protest or any other protected speech.
d. Moderation Pursuant to any report, and promptly thereafter, TestFairy will moderate the app and review your request; TestFairy shall notify the user who posted the app of your complaint and await his answer.
e. Removal or Restoration: Should the user who posted the app fail to respond within 96 hours, TestFairy shall remove the app; had they responded, TestFairy will inspect their response and should any material questions of fact or law arise, TestFairy shall forward their personal information directly to you so you could commence litigation over your complaint.
f. Indemnification You hereby warrant and agree to hold TestFairy harmless and to indemnify TestFairy for any damage, loss, expense, legal expense or cost incurred as a result of:
1. Your posting of any app in direct violation of TestFairy terms and conditions, including any false representation; OR
2. Any claim, complaint or notification filed maliciously or negligently against any user where no such claim had any legal standing.
g. Warranty You hereby warrant that you are either the sole proprietor or a designated licensee of any app you post through the service and that no other party's rights are infringed or violated by your use of the content and the Service. You moreover warrant that no legal claim, dispute or lawsuit was filed against you or threatened against you for publishing an app through the Service.
a. What Personal Information Does TestFairy Retain? TestFairy may retain some personal information that you provided, including your IP address, your payment apparatus, and other information you may provide.
b. What Non-Personal Information Does TestFairy Retain? TestFairy may also retain some non-personal information about you, such as information relating to your use of the services, pages you viewed, information about your browser type, devices and other information.
c. How Will TestFairy Use The Information? TestFairy uses the information in order to provide you and other users the services, as well as to improve the services. TestFairy shall retain all your personal information and all your end users' personal information in strict confidence. TestFairy shall not disclose any personal information without the explicit consent of each data subject. Notwithstanding, TestFairy may use aggregated, non personally identifiable information, as long as such information cannot be re-identified.
d. Who Else Has Access To Your Information? TestFairy uses third party services such as Amazon S3, Google Apps and Zendesk CRM whom employees may have access to the information; moreover, TestFairy's employees, who are under strict confidentiality obligations, also have access to some of the information. TestFairy may also provide aggregated, non-personally identifiable information to selected third parties as long as this information does not include information about specific apps, users, testers or customers.
f. What third Parties Are Used In The Service? TestFairy also uses some third parties in its website, provided by Google, Amazon, Zendesk, Intercom and others. Please review the relevant Privacy Policies for such services.
g. How Can You Review Your Information or Delete It? TestFairy allows you to review your personal information through the TestFairy Panel; Please keep in mind that if you delete your personal information, TestFairy may still retain backup copies for audit and backup purposes.
h. What can you do if your privacy was violated? If you feel that your privacy has been compromised, you can contact TestFairy’s privacy officer at email@example.com and request that he review your complaint.
12. Terminating These Terms: TestFairy shall have the right to terminate your use of the TestFairy service or to terminate the TestFairy service at any time by providing a 7-day pre-notice. However, TestFairy may terminate your use of the TestFairy service at any time and without prior written notice in any case where you breached these terms and such breach may cause TestFairy irreparable harm.
13. Amending These Terms: TestFairy may amend these terms from time to time, provided that you shall be informed by electronic mail upon such change.
14. Liability: For no case and for no reason shall TestFairy be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any other user or any third party due to its misperformance of duties herein. TestFairy provides Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, virtual property, reputation and business reputation, user account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use TestFairy services.
15. Warranty: TestFairy does not warrant for Service and supplies it on an “as-is” and “as-available” basis. Your Use of Service is at your own risk and under your liability. TestFairy makes no warranty that:
a. The Service will meet your requirements
b. The Service will be uninterrupted, timely, secure, or error-free
c. The results that may be obtained from the use of the service will be accurate or reliable
d. The quality of any products, services, information, or other material purchased or obtained by you through service will meet your expectations
e. Your use of the service will be in compliance with the guidelines of applicable third party application distribution channels
f. Any errors in the service will be corrected.
For example, TestFairy cannot ensure that it will allow you to monitor all bugs in your apps, that the screenshots will be accurate or that the TestFairy Software shall not harm your App. Moreover, you hereby acknowledge that the Service is in Beta stage and that it is currently under development. You acknowledge that the Service may be flawed and that some errors may occur.
16. Support: Currently, and due to the early stage of the TestFairy service, support is only provided by electronic mail during regular business hours at firstname.lastname@example.org.
17. Indemnification: You hereby warrant and agree to hold TestFairy harmless and to indemnify TestFairy for any damage, loss, expense, legal expense or cost incurred as a result of:
a. Your use of the Services in direct violation of these terms of service, including any false representation; OR
b. Any claim, complaint or notification filed maliciously or negligently against any TestFairy or other TestFairy user where no such claim had any legal standing.
18. Refunds: Our refund policy is "30 days money back guarantee no questions asked". If, for any reason, a customer is unhappy with the service and wishes to cancel a payment within the first 30 days after payment, customer should contact the TestFairy support team and request a refund. Refunds will be issued within 30 days.
19. General: These Terms govern your use of the TestFairy service and shall be the sole agreement in effect relating to these services. These terms shall be solely governed by the laws of the state of Israel and any dispute arising from it shall be solely brought to the competent courts of the Tel-Aviv district. You hereby warrant and undertake not to initiate any class action lawsuit against TestFairy and to solely seek your own damages.