Please read these Terms and Conditions for Internal Testers (“Agreement”) carefully before signing up as an Internal Tester (“Tester”) for the Services offered on this website operated by PingPong UX Limited with its registered office at C/O Craufurd Hale Group Ground Floor, Arena Court, Crown Lane, Maidenhead, United Kingdom, SL6 8QZ (“PingPong”, “We”, “Our” or “Us”).
By completing the online registration for an account as a Tester on our website (previously https://app.hellopingpong.com/) You accept this Agreement. PingPong may amend and update this Agreement in its sole discretion from time to time. We commit to sending an email to the email address associated with Your Account thirty (30) calendar days before any changes go into effect, provided such changes are not mandated by law to take effect on an earlier date. Your use of the Services following the effective date of any modifications to this Agreement will constitute Your acceptance of the modified Agreement.
You represent that You are at least 18 years old, have sufficient legal capacity to enter into this Agreement and You agree to be legally bound by it.
In addition to the terms otherwise defined in this Agreement, the following terms have the definitions below:
“Compensation” as defined in section 3.1;
“Confidential Information” means any information in whatsoever form relating to PingPong, Researchers, or Projects which comes into Your possession by virtue of this Agreement or provision of or participation in the Services and which could reasonably be expected to be regarded as confidential;
“Services” mean the services of PingPong described in Section 1 of this Agreement;
“Sessions” as defined in 1.1;
“Tester” means an individual who has registered a tester account with PingPong in order to take part in research;
“You” or “Your” means the individual agreeing to this Agreement;
1.1. PingPong operates a research platform connecting Testers like You with individuals or entities looking to get feedback on products and services through user interviews and user tests (“Researchers”). Researchers can set up new testing or interview opportunities on the platform (each, a “Project”) and invite Testers that match their search criteria to participate in individual tests or interviews (each, a “Session”).
2.1. To use the Services, You must register with Your personal and contact information. (“Account”). As Researchers invite You to Sessions based on Your Account information that we share with them, You agree to update Your Account if any information changes immediately.
2.2. To create an Account and be eligible to receive Compensation for Your participation in Sessions, You must provide payment details within the Payment Method portion of Your Account (“Payment Method”).
2.3. If You want to increase the likelihood of being invited to a Project, You can share more information with Us and the Researchers by linking Your social media accounts to Your Account. If You do so, associated information found in Your social media accounts will be treated as part of Your Account information on the basis of which Researchers determine whether to invite You to a Session. This is entirely voluntary. If you do not link your social media profiles, PingPong will never seek to process such data independently. You can also dissasociate Your linked social medial profiles at any time in the future.
2.4. PingPong will process your personal data per its legal obligations and as set out in its privacy policy as may be amended from time to time.
2.5. You are responsible for maintaining the confidentiality of any information about Your Account and passwords required to log into Your Account. You are solely and fully responsible for all activities that occur under Your Account and should You suspect an unauthorized use of Your Account You agree to notify Us immediately.
3.1. If a Researcher invites You to participate in a Project based on Your Account information, You will receive an invitation via email stating a description of the Project, the expected length of the Session and the compensation You will receive from PingPong for participation in a Session (the “Compensation”).
3.2. Depending on the Project, You might need to answer a form with further questions for the Researcher to determine if you are a good match for the Project, we call such a form a screener (a “Screener”). In such case, Screener will be completed before You can schedule a paid Session and receive further Session instructions. Sessions are conducted by the Researcher as video calls through PingPong’s platform. Each Session is recorded and stored for two (2) years after the date of the recording to enable the Researcher to analyze and gain insights from the Session.
3.3. You are entitled to Compensation after the Researcher notifies PingPong of the successful completion of a Session which started at the agreed time and lasted for the agreed time unless ended earlier by the Researcher. PingPong will process Your Compensation within 5-7 business days after the Session by making a payment to the Payment Method chosen in Your Account. It is Your responsibility to maintain an active Payment Method to be eligible to receive the Compensation.
3.4. Should PingPong have a legitimate reason to believe that the information provided in Your Account or Screener is not truthful, or if you do not sufficiently communicate in the language in which the Session is conducted, You forego Your right to Compensation for such completed Sessions that You were invited to based on such untruthful information and PingPong may, notwithstanding the right to deactivate Your Account pursuant to the section titled ‘Termination’ below, cancel any Sessions that You have scheduled for the future at its sole discretion.
3.5. The Compensation paid to You by PingPong constitutes the full and sole remuneration for Your participation in a Project. Your participation in or completion of a Session does not give rise to any claims, including, but not limited to, claims for any further payments, vis-à-vis the respective Researcher, and does not constitute employment relationship between You and PingPong or Researcher.
3.6. It is Your responsibility to determine all taxes to be paid by You in connection with Your receipt of any Compensation and to report and remit such taxes to the appropriate tax authority. PingPong is not obliged to determine whether taxes apply and We are not responsible for collecting or remitting any taxes arising from any Compensation You are entitled to.
4.1. You agree to use Confidential Information only for the purposes of using the Services and to not disclose Confidential Information to any third party except to the extent required by law or court judgment. The obligations of confidentiality under this Agreement do not extend to information that (i) was already rightfully in Your possession before its disclosure, (ii) is public knowledge (otherwise than as a result of a breach of this Agreement), or (iii) is lawfully disclosed to You by a third party without restriction of disclosure.
5.1. In no event shall PingPong or any of its representatives be liable to You or any third party for any direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of information, or any other measurable loss) arising directly or indirectly from your use of the Services or for any failure or interruption of the Services whether based on warranty, contract, tort (including negligence) or any other legal theory, even if PingPong has been expressly advised of the possibility of such damages.
5.2. In any event, PingPong's total maximum aggregate liability under this Agreement shall not exceed Your last Compensation.
5.3 You agree to indemnify and hold PingPong harmless for any claims arising out of Your breach of this Agreement.
6.1. We may terminate Your access to the Services by deactivating Your Account in our sole discretion for any reason and at any time upon notice to You at the e-mail address linked to Your Account. Your rightful claims to Compensation remain unaffected by the deactivation of your Account.
6.2. You may terminate this Agreement by deleting Your Account at any time.
7.1. All claims between the parties, including parent companies and subsidiaries, related to this Agreement will be litigated individually and You will not consolidate or seek class treatment for any claim with respect to the Services.
8.2. This Agreement and Your use of the Services are governed by the laws of England and Wales, without regard to choice of law principles.
9.1. As a Tester, You participate in Projects in Your personal capacity as an independent contractor and not as an employee of a Researcher or PingPong. Nothing in this Agreement shall be interpreted or construed as creating any type of employment relationship between You and PingPong or a Researcher.
9.2. PingPong does not provide any guarantee that you will be matched with a Researcher and participate in any paid Sessions or Projects.
9.3. PingPong’s failure to enforce, at any time, any provisions of this Agreement or the failure to require, at any time, the performance by You of any of the provisions of the Agreement shall in no way waive Your obligation to comply with any of the provisions of this Agreement or PingPongs’s ability to enforce these provisions as written.
9.4. PingPong may assign its rights and obligations under the Agreement in connection with a consolidation, merger, acquisition or sale of substantially all of their assets, shares or activities without Your consent.
9.5. If any provision of this Agreement is found, by any court having competent jurisdiction, to be unenforceable, the other provisions of this Agreement shall remain in effect to the maximum extent possible.
10.1. The use of the services is provided on an “as is” basis. PingPong makes no further warranties; whether express or implied; and hereby disclaims and negates all other warranties; including without limitation; implied warranties or conditions of merchantability; fitness for a particular purpose or other violation of rights. Further, PingPong does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Services or that the Services will be error-free.
