The service "User Sense Usability Testing" is offered over the internet in the form of Software-as-a-Service by the company User Sense. The use of User Sense Usability Testing is subject to the below terms and conditions. Using User Sense Usability Testing constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by User Sense.
Article 1. Use of the service
- With User Sense Usability Testing, you can do Online Usability Testing.
- To use User Sense Usability Testing, you first need to register. After completing registration, you can directly log into your account and use the service.
- You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. User Sense may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified User Sense that someone else knows your password.
- User Sense Usability Testing processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of User Sense for more information.
- It is not permitted to use User Sense Usability Testing for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
- Should User Sense discover that you violate any of the above, or receive a complaint alleging the same, then User Sense may intervene to end the violation.
- If in the opinion of User Sense the continued functioning of the computer systems or network of User Sense or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, User Sense may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
- User Sense is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition User Sense is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
Article 3. Availability and maintenance
- User Sense makes no promises regarding availability of the service.
- User Sense actively maintains User Sense Usability Testing. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
- User Sense may from time to time adapt User Sense Usability Testing. Your feedback and suggestions are welcome but ultimately User Sense decides which adaptations to carry out (or not).
Article 4. Intellectual property
- The service User Sense Usability Testing, the accompanying software as well as all information and images on the website is the intellectual property of User Sense. None of these items may be copied or used without prior written permission of User Sense, except and to the extent permitted by mandatory law.
- Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). User Sense receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
- If you send information to User Sense, for example a bug report or suggestion for improvement, you grant User Sense a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
- User Sense shall refrain from accessing data you store or transfer using User Sense Usability Testing, unless this is necessary for a good provision of the service or User Sense is forced to do so by law or order of competent authority. In these cases User Sense shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service (only customers)
- The use of User Sense Usability Testing is paid for by spending credits Per usability test, as documented further on the website. Credits must be purchased in advance.
- Payment is possible through direct debit order, by making a wire transfer to the account of User Sense, via iDeal online payment, by PayPal money transfer, or as explained further on the website.
- Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.#.#. Payment is possible through direct debit order, by making a wire transfer to the account of User Sense, via iDeal online payment, PayPal money transfer, or as explained further on the website.
- Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
- Credits are not refunded. User Sense is entitled to cancel the validity of credits purchased more than a year ago.
Article 6. Limitation of liability
- Except in case of intentional misconduct or gross negligence the liability of User Sense shall be limited to the amount of credits spent by you in the three months prior to the moment the cause of the damage occurred.
- User Sense in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
- Damages may only be claimed if reported in writing to User Sense at most two months after discovery.
- In case of force majeure User Sense is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
- This agreement enters into force as soon as you first use the service and then remains in force until terminated.
- If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
- User Sense is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event User Sense shall first send a reminder mail to the e-mail address connected to your account.
- Please note: it is not possible to export data you store or process using the service.
Article 8. Changes to terms
- User Sense may change or add to these terms and conditions as well as any prices at any time.
- User Sense shall announce through the service changes or additions at least thirty days before their taking effect. Price changes shall not apply to already-purchased credits.
- If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of User Sense Usability Testing after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
- Dutch law applies to this agreement.
- Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with User Sense Usability Testing shall be brought before the competent Dutch court for the principal place of business of User Sense.
- For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the User Sense Usability Testing service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
- The version of any communication of information as recorded by User Sense shall be deemed to be authentic, unless you supply proof to the contrary.
- In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
- User Sense is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of User Sense Usability Testing or the associated business activities.