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.
You must be 18 years old or older to use this Site. 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 July 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."Data"
means any data inputted by You or with Your authority into the Website - this includes all responses to studies posted on Testable Minds."Intellectual Property Right"
means any patent, trademark, 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."Service"
means all behavioural science experiment services made available (as may be changed or updated from time to time by Testable) via the Website."Website"
means the Internet site at the domain minds.testable.org or any other site operated by Testable."Testable”
means Testable S.R.L. and/or Testable Ltd."User"
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."You"
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. User accounts cannot be shared, with each individual having their own user account to use the Services. User means any individual who has 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 the number of projects accessible and amount of earnings. 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 Minds.
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.
When You make any communication on the Website, You represent that You are permitted to make such communication. Testable is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. However, Testable does reserve the right to remove any communication at any time in its sole discretion.
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.
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 acknowledge that:
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.
8.1. These Terms will continue indefinitely, provided You continue to regularly access the Website, unless either party terminates these Terms by giving at least one week’ advance notice.
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
Testable may take any or all of the following actions, at its sole discretion:
3. Terminate this Agreement and Your use of the Services and the Website;
4. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
5. Suspend or terminate access to all or any Data.
8.3. Accrued Rights:
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 immediately cease to use the Services and the Website.
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 firstname.lastname@example.org or to any other email address notified by email to You by Testable Minds. 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.