Terms of tester agreement

Between,

The company PANISERO SAS, whose headquarters are located at 100 rue de la Folie Méricourt 75011 PARIS, is registered at Paris RCS with number B 530171396 which edit the Web « Site » Testapic.com.

The name Testapic belongs to the company PANISERO. Herein, the name Testapic is also used to talk about the legal entity PANISERO (us).

The website, the Site refers to the website TESTAPIC which belongs to PANISERO. On the one hand,

And

The tester (you the tester) on the other hand, has specified on the registration form.

Foreword

After inquiring about the service, you have decided to become a tester and participate in the bank of testers housed by the company Testapic.

The fact that you have accepted to become a tester obligates you to respect the stipulations herein and all the obligations. The specific conditions depend on your registration questionnaire.

The way you use this Site is subject to the measures included in this contract and means that you accept them. You need to read them carefully. Your usage and access to this Site means you strictly accept these measures. If you refute, contest or disagree with these conditions or some of them, you can neither access the Site nor use it nor concur with this contract.

You also declare you have read the testers FAQ and done some research, especially on the recommended sites concerning your status.

1. Purpose and nature of the legal relationship

1.1 PURPOSE

This convention aims at ruling the relations between the testers and Testapic.

1.2 NATURE OF THE LEGAL RELATIONSHIP WITH THE TESTERS

The testers are not employees of Testapic but rather providers of service. Thus, they are free to establish the contract or not.

Testapic doesn’t give any orders or instructions to the testers but simply indicates to them the modalities and the scenario justifying the intervention they have accepted to do.

The testers can freely decide to execute or not the services without having to justify the reason of their refusal to participate. When they fulfill their contractual obligations, they do it under their own responsibility, freely and without having to report the modalities or the conditions of the execution of the contract, and with their own equipment.

No sanction has been planned concerning the modalities of execution of your services except that the lack of service or a service performed non-compliantly to the conditions herein will justify the lack of remuneration. You are also free to choose how often you do tests, how often you want to interrupt them, to resume them, the rhythm, without having to justify why. Testapic has no authority on the testers and there is absolutely no control by Testapic concerning the way the services are provided.

However, the result of the test will be assessed by our client depending on the scenario. We will only ask you if you wish to provide the service for which you registered.

Owing to the fact that you’re not an employee, it’s up to you to comply with the social and fiscal legislation relating to independent workers and to possess every document that vouches for your situation. It’s up to you to check the conformity of your situation and find out about your social and fiscal obligations relating to it. Testapic can’t be held responsible for the non-respect of your service provider obligations.

However, depending on the regulations, and as soon as the service is globally charged for an amount determined by the tests, by the tester for providing the service, Testapic will have to make sure when it enters into the contract and every 6 months until the end of its execution, that the tester respects the legal obligations in terms of registration, fiscal and social statement. concerning your fiscal and social statement obligations, and for more details, you need to consult the Help Center of our site (FAQ) and get some information especially from your Tax Office, from URSSAF or from your business start-up centre.

2. Conditions to become a tester

You can access and use the Site or join the bank of testers only in the conditions prescribed in the current contract except if there is a preliminary written derogatory consent. You have to be an adult individual to join the panel of testers of the Testapic site and to take part in any poll. You use the Site under your own responsibility and at your own risk. An adult, under French legislation, is any person over 18. In case the national legislation is different, it’s up to the tester to comply with the legislation applicable in the country they live or with the rules relating to their nationality.

Joining the bank of testers of Testapic is free and only offered to people legally capable of signing valid contracts subjected to the legislation applicable in France.

3. Registration, email and password

3.1 REGISTRATION

By registering, the tester has to give exact information and can’t use a pseudonym or any other subterfuge or technique aiming at hiding their true identity. The testers must not activate and use more than one account per tester. Registration is conditioned to the receipt by Testapic of the registration form filled online by the tester.

Filling the registration form is not subject to remuneration. Filling it is an entry in the panel condition. The sincerity and exhaustivity of the answers may be consistently controlled. Any proven or suspected fraud is a rightful motive to terminate the contract that links us, with no compensation. The registration form gives the tester the opportunity to enrich the profile that will enable them to access target studies that relate to them.

Once the registration form filled, the tester may be offered to do an imaginary demonstration test in order to complete their registration. This test will be subject to no compensation or remuneration from the Site. In case the imaginary demonstration test is not done, the tester won’t be selected.

In order to complete the tests, you may have to install software or applications provided by the Site.

3.2 EMAIL ADRESS

When they register, the panelists have to communicate a permanent email address through which they can be reached. The address given by the testers is the one used by the bank of testers to inform them of the test(s) they can do, if they want. Thus, the testers are solely responsible for updating the email address to which they can be reached. The Testapic company won’t be held responsible for any test delivery defect linked to obsolete or incorrect addresses.

3.3 PASSWORD

When he or she registers, the tester chooses a password in association with his or her email address. The given password will have to remain protected at all times. The tester has to keep his or her password secure and will be exclusively held responsible in case of fraudulent or non-compliant or unauthorized use associated with the latter password.

4. Choice of testers

The Testapic company reserves the right to offer tests to the testers of its choosing or not. The tests will be offered in a discretionary way to the active testers depending on what they wish and the targeting wished by our client and based on the information collected during the registration of the tester. The non-offering of a test can’t be subject to any claim or compensation. Filling a questionnaire doesn’t mean that Testapic will call on your services. Registering doesn’t give you any right and doesn’t oblige you in any way.

5. Commitment and choice of the tester

The tester commits sincerely, objectively, in the given time and diligently and loyally to perform the tests that will be offered by the Testapic company. The tester will be informed by en email of the scenarios and tasks of the offered test.

The tester will have an hour to register for the test offered by one of our clients. Once an hour has passed after the sending of the email, Testapic reserves the right to send the test to other testers and will consider that the tester didn’t wish to participate in that test, and this will lead to no compensation whatsoever. The tester will never be forced to do tests. The tester is free to choose if he or she wants to answer it or not, to determine the frequency and isn’t forced to respect any period between several tests he or she would like to do.

If during the test the tester stops his or her service for more than one hour, Testapic will have the right to offer the test to another tester. Then, the deficient tester will have right to no retribution.

If a tester is offered to take part in a poll, a test or a discussion under the form of online comments on behalf of one or several of our clients, or for the needs of the society, confidential information concerning our clients may be given to you. The tester commits to respect the fact that any information, concept or idea discussed or generated concerning the test, the poll or the discussion, or all of them is entirely confidential and accepts not to disclose the information on the clients to a third party, whichever it may be.

Testapic (PANISERO) or its clients remain the owners or exclusive users of the information the tester might have become aware of. If the tester discloses any of the information given or other, he or she will be held responsible personally.

It is reminded that any fee related to the connection or any communication (Internet) related to the use of Testapic service can not be charged to Tesatpic and remains the responsibility of the tester.

6. Intellectual property

All the pages and content of this Site, including but not limited to, the texts, the images, the information, the audio or video data, the pictures, logos or other, are the intellectual property of Testapic or their beneficiaries.

The use of the information mentioned herein above might be granted by Testapic and/or its contractors authorized by licenses or beneficiaries of rights, business partners and affiliate companies, especially concerning all the business brands, service marks, all the royalties, patents and business secrets that are the intellectual property of the PANISERO company (Testapic) or of its beneficiaries. The tester can’t modify, copy, reproduce, distort, create derived versions of the site and its derivatives. Especially, the tester can’t publish, display, download, annotate, transmit or distribute in any way the content provided to him on this site without the express and preliminary consent of Testapic.

7. Privacy

In the limits discussed hereinabove, Testapic handles your privacy and the confidentially of the data with great care. For more information on the way the information given by testers is used, please read the data privacy section of the website.

8. Retribution linked to the involvement in tests

As a counterpart to his or her active, sincere participation and if the scenario is totally respected for each test done on the Testapic site, the tester will receive a retribution. Testapic doesn’t commit to establishing beforehand a minimum retribution for a test. However, the amount of the retribution will be given to the tester when the test is offered. The tester will be free to accept or not. The tester mandates Testapic to generate the bill linked to his or her service.

8.1 WAY OF RETRIBUTION

The tester will receive retribution of an amount defined beforehand during the validation of the test, for each test performed on the Testapic site. By validating his or her test, the tester generates a bill for his or her service, which will be paid once the service is done and accepted within 30 days.

A tester will only be able to ask for a transfer on his or her bank for his or her service when the amount is at least 28 (twenty-eight) Euros. As long as this threshold isn’t reached, Testapic will not be bound to pay the amount of money which will then be credited to the tester’s account. However, if after 6 months the tester’s doesn’t reach 28 (twenty-eight) euros, he or she will have the right to be paid the corresponding amount of money.

Any transfer of an amount greater than or equal to 28 (twenty-eight) Euros is free of charge to a Bank Account domiciled in France. For any transfer of less than 28 (twenty-eight) Euros, or for any transfer occurring in the same week as a previous transfer, or for any transfer to Bank Accounts or Paypal Accounts outside France, administrative fees will be charged on the payment. These fees, defined by Testapic according to their evaluation or by the partner bank, will be automatically deducted from the sum transferred from the Account to the Bank Account indicated by the tester. As an example, the fees deducted from a transfer to Paypal are equivalent to 5% of the initial amount to be paid.

The credited money on the tester’s Account can’t be transferred to the Account of another user of the Site. Nothing will ever be paid in cash.

In the conditions settled hereinabove, the money credited to this account will be transferred to the tester after his or her demand under the conditions settled hereunder and in a minimum period of 10 days after reception of the tester’s demand. The credited money doesn’t accumulate interests. Any transfer from the tester’s account will be directed towards the bank account which bears the name of the tester. This is the only way of payment available.

8.2 SECURITY OF THE PAYMENTS

In conformity with our commitment concerning the security of the payments, all online payments by credit or debit card are performed through the BNP Paribas security system, or any other security system that we may have chosen, that enables the encryption of your bank details when they are transmitted. We also inform you that Testapic can verify the reliability of the information you have given when placing an order. Our fraud prevention service may have to ask you, in certain cases, complementary information (such as: copy of your ID, proof of address, freelancer number or Company Number or other, etc.) in order to validate your identity and check if you respect the legal obligations in order to proceed to checkout.

9. Unauthorized use of the site and its applications

The tester accepts not to use the Site in an illegal way or for an illegitimate, defamatory, aggressive, invasive in terms of privacy of others, abusive, threatening, or obscene purpose. The tester needs to use the site in a loyal way, in respect to the laws and rules but also in respect to dignity, good moral standards and public order.

Especially, the tester can’t use spiders, robots or other automated data exploration techniques to catalog, download, store or in any way reproduce or distribute the content offered on the Site, or to manipulate the results of any panel, poll, survey or draw presented on the Site. The tester mustn’t act in a way that would perturb the Site or the access of any other user to the Site, including but not limited to, by using overload techniques, « flooding » (ex : SPAM) or « bombing » (ex : server stress, repetitive server intrusions, abnormal server calls) of the Site, or even by artificially trying to make it produce errors. The tester must neither send unsolicited emails, including promotions or advertisements for products or services, through the Site nor create a false identity or hide it inside any email or posting.

Especially, the tester mustn’t use, apprehend, select, copy, reproduce, use parts of the Site in another website or distort the appearance of the Site. The tester mustn’t create links from any other website towards any of the two pages of the Site, in particular if the source(s) is/are threatening, libelous, defamatory, discriminating, obscene, scandalous or excessive and in a more general way, contrary to the laws and rules, immoral or contrary to good moral standards and public order.

The tester must not use equipment that could be contrary to the restrictions hereinabove concerning the sources. Testapic will offer its whole cooperation to any authority or organism charged with making people respect and apply laws and rules and/or the principles hereinabove.
Any injunction coming from tribunals, authorities and organisms demanding that Testapic divulges the identity of anybody that would have such behavior or would incite, ease or enable such behavior would be respected.

10. Third partiy information

The Site can contain links towards other websites that are not maintained by Testapic or that contain information about third parties’ products or services. Testapic doesn’t check the legal, commercial habits, the information or anything else about these third parties that don’t depend on Testapic and doesn’t provide any guarantee in their name.

Provision of any third party link does not implicate Testapic’s responsibility for these third parties about the content of their sites. we recommend being very careful when you leave our Site and we ask you to take note of the confidentiality and user agreements of each of the websites you browse under your responsibility. The data contained on our Site are there for information only. The opinions expressed on our Site are not necessary those of Testapic and the users need to keep their free will.

11. Potential encouragement and motivation programs

For prospecting for quality testers purposes, Testapic may have to offer or organize panels, draws, rewards, loyalty point programs or other promotions or programs concerning the activities displayed on our Site (Services). These Services will be subjected to rules, conditions, provisions, measures or consents applicable at the time you access those services. Testapic reserves the right to modify or delete, at any time and without notice, the rewards and advantages assigned by the program.

12. Relations with Testapic

Apart from your personal data (name, first name, precise address, email), no confidentiality or advertisement reservation will be granted to any piece of information or any other element that you send to Testapic under the form of email or under any other form, including all the data, questions, comments, suggestions or other things, will become public and be granted a common denomination and will be treated as such.

The answers given by the tester aren’t considered private and will be freely transmitted to the client that requested Testapic to make people do this test, or to any third party. These answers will belong exclusively to the client and to Testapic. The tester renounces to any property, whatever its nature, in the limits settled by the rules reining over the content, and on the given data, whatever their form (text, picture, audio, video, etc.). Testapic will be allowed to use them commercially and to broadcast them under any form considered useful, and especially on social networks. The retribution of the tester includes this right.

If the test requires the use of a webcam, the tester authorizes that his or her image shall be used in the same conditions as hereinabove.

It is your duty not to communicate information that you would like to keep private.

with the exception of the information we received this is expressly covered by our data privacy Policy, everything that you transmit or display could be used freely used by Testapic or its affiliates or its partners, including but not limited to, by reproduction, disclosure, transmission, publication and broadcasting. Moreover, Testapic can freely use any idea, concept, know-how or technique that would be included in any communication send to us through our Site, without any retribution or advantages other than those defined by contract. The use may have any goal, including, among other, to develop, modify, produce and commercialization of Testapic products or services thanks to this information mentioned above.

13. Responsibility limitation

The Site, both for using by the testers and its whole content or services offered to users or to which you can access thanks to the Site is offered “as is”. Testapic gives neither opinion nor guarantee as to the content of the Site. Moreover, Testapic declines any responsibility concerning any expressed or implicit guarantee, including and without limitation, for non-counterfeit, for the titles, the warranty of merchantability or ability to use the offered services.

Testapic doesn’t guarantee that :

The features contained in this Site, as well as the material or contents it offers, will never be interrupted or error-free,
The defects will be corrected or that the Site or the server that supports it will be adjusted and modified in accordance with the errors or defects,
The Site or server that supports it will be exempted of viruses or other harmful elements. The users won’t be compensated for the prejudices they could suffer in the cases explained hereinabove.

Testapic’s legal, civil responsibility does not cover users for any prejudice, profit loss, data loss, opportunity loss, covering cost, damages cost, personal injury or a death attributable to a unintended fault from Testapic. This also includes accessory personal damages or other indirect damages.

Notwithstanding the previous statement, if we are judged responsible for damage, a prejudice, a loss you may have suffered originating from your use of the Site or its content, our financial responsibility cannot be entailed beyond three hundred euros (300 euros), this amount Is a maximum and needs to be justified by the prejudice.

14. Modifications

All the information displayed on the Site can be subject to modification without notice. The potential modifications will be combined with the one depicted here. It is therefore up to you to frequently consult these pages to keep up to date concerning any modifications. Your access to the Site following the implementation of such modifications means you agree with these modifications.

15. Testapic compensation following tester prejudices

You accept to compensate the PANISERO company (Testapic), to defend it and to exonerate it from any responsibility, including its employees, executives, agents and representatives and managing directors against any claim, demand, responsibility, cost or expense, including procedure and advice fees (lawyers, experts, etc.), deriving from, or in connection with, any violation from your side of the stipulations included here or a non-conform use of the Site or an infringement of any applicable law. It will be the same after the use of the Site or its content, whatever its form, in an illegal way.

16. Termination

Our relationship has no predefined duration; it starts as soon as you register and on the condition that you have accepted an offered service. The end of our relationship will happen as follows.

16.1AT THE INITIATIVE OF TESTAPIC

Testapic will be able to suspend, interrupt or cancel your intervention or your registration as a tester at any time with or without prior notice and without having to justify the motives, and doesn’t make any commitment with regards to duration, contractual or other relationships with the testers.

Our termination will be announced by email, as this way of communication is considered enough as a mode of proof.

16.2 AT THE TESTER’S INITIATIVE

As Testapic, you can at any time, without having to justify why and without prior notice, terminate the current contract by informing the PANISERO company by email. We will have to acknowledge receipt of this email to validate your termination. You can also terminate by sending a mail with acknowledgement of receipt at: PANISERO SAS, 30 Rue de Charonne 75011 Paris – FRANCE.

17. Divisibility of the mentions applicable herein

In case one or several parts of the articles herein or their conditions are declared invalid or inapplicable by any tribunal or relevant authority and for any reason, the provision involved will be considered ineffective but this won’t affect the other provisions or conditions herein that will still apply.

18. Applicable law

The French laws (regardless of the rules concerning law conflicts) rule this contract and the use of the Site. The relevant tribunals are those located in Paris.

19. Information

For any question concerning the Contract or its conditions, contact us or write us at :

Société PANISERO
30 rue de Charonne
75011 Paris
FRANCE

You can also read the frequently asked questions section of our site dedicated to testers.