These Terms are binding on any use of the Service and apply to You from the time that Testable provides You with access to the Service.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service. If you do not agree to these Terms, you must not use our site. If you are an existing user and you don't agree to any changes we make, or if you no longer agree to our Terms, you can let us know and we will close your account.
These terms were last updated on 1 May 2018.
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means any data inputted by You or with Your authority into the Website - this includes all responses to experiments that you give your permission to be posted on our sister service, Testable Minds.
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means all behavioural science experiment services made available (as may be changed or updated from time to time by Testable) via the Website.
means the Internet site at the domain www.testable.org or any other site operated by Testable.
We will not keep your information any longer than is necessary. If your account remains dormant (not signed into) for over two years, we will email you to clarify if you want your account to remain open, under the basis of legitimate interest.
means Testable S.R.L. and/or Testable Ltd.
means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
means the User. "Your" has a corresponding meaning.
Testable grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
3.1.1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Testable of any unauthorized use of Your passwords or any other breach of security and Testable will reset Your password and You must take all other actions that Testable reasonably deems necessary to maintain or enhance the security of Testable's computing systems and networks and Your access to the Services.
3.1.2. You may not make the Service available to anyone other than you or your users (if you or your institution has the type of account that allows this). User accounts cannot be shared, with each individual should have their own user account to use the Services. User means your employees or other personnel who have been issued an individual password or other secured means of accessing the Services.
Use of the Service may be subject to limitations, including but not limited to storage space quota, number of projects, and amount of data collected. Any such limitations will be advised.
3.3.1. You are solely responsible for all Data, and are liable for your Data and the manner in which you collect or distribute your Data to third parties. We reserve the right to remove any Data from our Service that we determine is in violation of these Terms.
3.3.2. We may suspend your account at any time without notice for conduct that violates these Terms. Additionally, if you violate these Terms, you may be subject to legal liability and prosecution.
3.3.3. The following is a non-exhaustive list of content and use of the Services that are unacceptable and a violation of these Terms:
3.3.4. You must comply with all applicable privacy and data protection laws and guidelines when using Testable. You should not spam users with unsolicited information.
3.3.5. If your use of the Services requires you to comply with specific regulations, you are solely responsible for such compliance, unless we agree otherwise. You may not use the Services in a way that would subject us to those specific regulations without our prior written agreement.
As a condition of these Terms, if You use any communication tools available through the Website, You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offensive content, offering goods/services for sale, files that could damage users’ devices or software, illegal content or unsolicited commercial email.
You indemnify Testable against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Testable.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
4.1.1. Both Testable and the User will preserve Confidential Information of the other party obtained in connection with these Terms. Neither party will, without obtaining the prior written consent of the other, make Confidential Information available to anyone else, or use this information to benefit themselves, other than what is contained in these terms.
4.1.2. Each party's obligations under this clause will survive termination of these Terms.
4.1.3. The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
i. is or becomes public knowledge other than by a breach of this clause;
ii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
iv. is independently developed without access to the Confidential Information.
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Testable.
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Testable Access Fee (depending on the package you select) when or if due. You grant Testable a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
Furthermore, you hereby grant to Testable a perpetual, irrevocable, royalty-free, worldwide licence to be able to anonymise/aggregate the Data provided to use for statistical/usage Data for our own business purposes. An example of this is summarising the number of studies we currently have hosted on Testable in order to inform us and potential new users.
You must maintain copies of all Data inputted into the Service. Testable adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Testable expressly excludes liability for any loss of Data no matter how caused.
You warrant that where You have registered to use the Service on behalf of another person or entity, You have the authority to agree to these Terms on behalf of that person or entity and agree that by registering to use the Service You bind the person or entity on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
1. You are authorised to use the Service to access the information and Data that You input into the Website or collected from participants in your studies. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
2. Testable has no responsibility to any person other than You and nothing in this Agreement should give a benefit to any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (such as for an academic institution) you agree that:
i. You are responsible for ensuring that You have the right to do so;
ii. You are responsible for authorising any person who is given access to information or Data, and you agree that Testable has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
iii. You will indemnify Testable against any claims or loss relating to:
a. Testable's refusal to provide any person access to Your information or Data in accordance with these Terms,
b. Testable’s making available information or Data to any person with Your authorization.
3. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
4. Testable does not warrant that the use of the Service will be uninterrupted or error free. The operation and availability of the systems used for accessing the Service can occasionally be unpredictable and may from time to time interfere with or prevent access to the Services. Testable is not in any way responsible for any such interference or prevention of Your access or use of the Services.
5. It is Your sole responsibility to determine that the Services meet the needs of Your research and are suitable for the purposes for which they are used.
6. You remain solely responsible for complying with all applicable tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
Testable gives no warranty about the Services. Without limiting the foregoing, Testable does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law.
7.1. To the maximum extent permitted by law, Testable excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information and Data) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
7.2. If You suffer loss or damage as a result of Testable's negligence or failure to comply with these Terms, any claim by You against Testable arising from Testable's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
7.3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed when You first add Your billing details into the Services, as set out in more detail in the Fee Schedule. If You choose not to continue using the Services, You may delete Your Academic Institution or organisation in the 'My Testable' section of the Services.
Testable will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee in accordance with the Fee Schedule, unless either party terminates these Terms by giving at least one month’s advance written notice. If You elect to terminate these Terms by providing one month's’ advance written notice, You shall be liable to pay all relevant Access Fees up to and including the day of termination of these Terms.
1. breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
2. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are not paid in full in accordance with the requirements set out in the Fee Schedule); or
3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
Testable may take any or all of the following actions, at its sole discretion:
1. Terminate this Agreement and Your use of the Services and the Website;
2. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
3. Suspend or terminate access to all or any Data.
4. Take either of the actions in sub-clauses (d), (e) and (f) of this clause 8(4) in respect of any or all other persons whom You have authorized to have access to Your information or Data.
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
2. immediately cease to use the Services and the Website.
Clauses 3.1, 3.7, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Testable. If You still need technical help, please check the support provided online by Testable on the Website or failing that email us at email@example.com.
Whilst Testable intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services may be unavailable to permit maintenance to take place.
If for any reason Testable has to interrupt the Services for longer periods, Testable will use reasonable endeavours to publish in advance details of such activity on the Website or through email.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
You may not assign or transfer any rights to any other person without Testable's prior written consent.
This Agreement is governed by the laws of Romania and United Kingdom (where Testable is based); although the jurisdiction of the User may also be relevant for civil action.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Testable must be sent to support@Testable.com or to any other email address notified by email to You by Testable. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Testable is our UK registered trade mark in certain categories.
Testable was developed with financial support from an Arts & Humanities Research Council grant (Science in Culture, RTS-2013-2017).
Part of the back-end infrastructure development was supported by an APS Teaching and Learning grant (2015).
Copyright © 2018 Testable S.R.L., All rigths reserved.