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Between,
ACTIYON, a French SAS limited liability company with headquarters at 16, boulevard du Maréchal Lyautey, 38000 Grenoble, represented by its President, Sangmin Lee,
The “service provider”, or “Actiyon”
And
The tester, as specified on the tester registration form to be found at [website address]
“you” or “the tester”
Foreword
The Service Provider provides services to the tester by making its platform available to testers and to application developers. Testers use Actiyon’s site in order to register their specific tester profile, including personal information and qualifications, and interface with application developers for specific purpose of testing the application developers’ products for functionalities and ergonomics, among other things.
Actiyon receives a commission for the services (the “Services”) it provides to each tester as intermediary platform manager.
Each tester is an independent, private individual, able to act legally in his or her own name, under the law applicable to them.
By signing this service agreement, you attest that you have read and understood all the commitments expressed below.
1. Purpose and nature of the legal relationship
1.1 PURPOSE
The purpose of this agreement is to define the relations between you and Actiyon.
1.2 NATURE OF THE LEGAL RELATIONSHIP WITH THE TESTERS
The testers are not employees of Actiyon but independant providers of services to client application developers (the “Customer”).
Using Actiyon’s platform you will be able to interface directly with a Customer, if your profile of tester corresponds to the profile that the Customer has defined.
Actiyon does not give any orders or instructions to you but simply makes available to you the platform for you to supply services to the Customer. However, in order to use the Actiyon platform you must respect the rules set in this agreement, and any other rules set out on the site.
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. Actiyon has no authority on the testers and there is absolutely no control by Actiyon concerning the way the services are provided. The Customer determines what they want to test, and how the test will be run with you.
Owing to the fact that you’re not an employee, you are obligated to comply with the social and fiscal legislation relating to independent workers and to possess all documents that confirm your situation. You must demonstrate that you are compliant with the labour and fiscal obligations applicable to you, taking into account your personal circumstances. Actiyon declines liability to you for the non-respect of your obligations as an independant service provider.
Actiyon reserves the right to request you to provide it with suitable documents evidencing your compliance with your labour and fiscal obligations.
2. Conditions to become a tester
You can access and use the Site or join the bank of testers only by following the conditions prescribed in this agreement, using the tester registration procedure on the Actiyon website. You have to be an adult individual to join the panel of testers. 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 tester’s national legislation is different, the tester must comply with the legislation applicable in the country where they live or with the rules relating to their nationality.
Joining the bank of testers of Actiyon is free and only offered to people legally capable of signing valid contracts subject 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 with the intention of hiding their true identity. The testers must not activate and use more than one account per tester. Registration is subject to the receipt by Actiyon of the registration form filled online by the tester.
Filling the registration form is free-of-charge. Actiyon will check the truth and completeness of your answers. Any proven or suspected fraud will justify immediate termination of this agreement, with no compensation.
Once the registration form is completed, the tester may be invited to do a mock test in order to complete their registration. This test will be subject to no compensation or remuneration from the Site. In case the mock 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 ADDRESS
When you register, you must communicate a permanent email address through which you can be reached by Actiyon and the Customers. You are solely responsible for updating the email address to which you can be reached. Actiyon won’t be held responsible for any test delivery defect or absence of test proposals reaching you and linked to obsolete or incorrect addresses.
3.3 PASSWORD
When you register on the Actiyon platform, you choose a password in association with your 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
Each Customer selects testers for its requirements based on each tester’s profile. The tests will be offered in a discretionary way to the active testers depending on what they wish and the targeting developed by our Customers and based on the information collected during the registration of the tester. Actiyon does not promise a tester will be selected for testing or the frequency of any test requests sent by Customers to you. Registering on Acityon’s platform does not give you any right and doesn’t oblige you in any way.
5. Commitment and choice of the tester
Testers undertake to carry out the tests for which they register on the Actiyon website sincerely, objectively, within the allotted time and with diligence and loyalty. Testers will be informed via the Actiyon website's messaging system of the scenarios and tasks involved in the proposed test.
Registration for a test will constitute confirmation of your selection for a specific client test. Testers will never be obliged to take any tests. They are free to choose whether or not to carry out a test and to determine the frequency of tests, and are not obliged to comply with a timeframe between several tests they wish to do.
Testers acknowledge that any information, concepts and ideas discussed or generated regarding the test are entirely confidential, and undertake not to disclose the Client's information to any third party.
In general, all exchanges between the Client and testers must be considered as confidential information.
Actiyon or its Clients remain the sole owners or users of any information that comes to the attention of testers. If testers disclose any of the information received, they will be held personally responsible.
6. Intellectual property
All pages and content of this site, including, but not limited to texts, data, audio or video data, images, logos and other material, are the intellectual property of Actiyon. Actiyon does not grant testers any licence to use, share, transfer, copy or modify its intellectual property, except as necessary for testers to provide testing services to Clients on the Actiyon site.
The same applies to the applications tested, for which each Client remains the sole owner of the intellectual property rights.
7. Privacy
All personal information you provide on the Actiyon website is protected by the terms of our Personal Data Use and Cookie Management Policy [https://actiyon.com/fr/cookies].
Testers undertakes to protect any personal data communicated to them by the Client in the context of the tests and not to disclose them in any way.
8. Compensation for testers, Actiyon service fee
In compensation for his or her active, sincere participation and if the scenario is totally respected for each test done on the Actiyon site, the Customer will pay the tester a net compensation agreed in advance and indicated at the moment the tester signs up to perform the test services for the Customer. The tester mandates Actiyon to generate the invoice in its name, linked to his or her test services.
As compensation for the intermediary services performed by Actiyon between the tester and the Customer, tester’s use of the Actiyon website etc. the tester will pay to Actiyon a fee. This fee is already deducted such that the net compensation per test amount indicated on the Actiyon site is the net amount that will be paid to the tester.
Actiyon will make its best efforts to procure that the Customer pays the agreed compensation to the tester, but cannot be held liable for any such failure.
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 Actiyon site. By validating his or her test, the tester generates a bill in the name of the Customer for his or her service, which will be paid by the Customer once the test service is done and accepted within 30 days. Acting as a transparent intermediary between tester and Customer, and subject to Actiyon receiving payment from the Customer, Actiyon will credit the net amount of tester compensation, after subtracting the Actiyon fee, to the tester’s account on the Actiyon website.
The credited money on the tester’s Account can’t be transferred to the Account of another user of the Site. No sum will be paid in cash or electronic tokens (bitcoin etc.).
The credited money on tester’s Acityon account does not accumulate interest. Any transfer from the tester’s account will be sent to the bank account which bears the name of the tester. This is the only way of payment available.
Conditions of funds transfer will be set out in an update to this Agreement as soon as possible.
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 our bank’s 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 Actiyon can verify the reliability of the information you have given when placing a pay 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.
8.3 TAXATION
Tester accepts to inform Actiyon of its status with respect to EU VAT regulations and Actiyon will issue invoices on behalf of tester to Customers and its own service invoices for Actiyon services, in application of the relevant VAT status.
9. Relations with Actiyon
The answers given by the tester aren’t considered private and will be freely transmitted to the Customer using Actiyon’s site. These answers will belong exclusively to the Customer. The tester expressly renounces its rights, of whatever nature, including copyright over the content, the data, whatever its form (text, picture, audio, video, etc.) he or she provides to the Customer. To the extent that the tester retains any rights to its data provided to the Customer, it recognises that the retribution of the tester includes the transfer to the Customer or all such rights.
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 personal information we received and which is expressly covered by our data privacy Policy, everything that you transmit or display may be used freely by Actiyon or its affiliates or its partners, including but not limited to, by reproduction, disclosure, transmission, publication and broadcasting. Moreover, Actiyon 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 Actiyon products or services thanks to this information mentioned above.
13. Limit of Liability
The Site and its functionalities as offered to testers or to which you can access thanks to the Site are offered “as is”. Actiyon gives neither opinion nor guarantee as to the content of the Site. Moreover, Actiyon declines any responsibility concerning any expressed or implicit guarantee, including and without limitation, for non-infringement of third party IP, for the titles, and excludes any warranty of merchantability or ability to use the offered services.
Actiyon doesn’t guarantee that :
Actiyon’s legal, civil responsibility does not cover testers for any prejudice, profit loss, data loss, opportunity loss, covering cost, damages cost, personal injury or a death attributable to a unintended fault from Actiyon. This also includes accessory personal damages or other indirect damages.
Notwithstanding the previous statement, if we are held to be liable 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. Modification to these terms
These terms and conditions are subject to modification without notice. Any modifications will be combined with this text. 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. Actiyon Indemnification
You accept to compensate Actiyon, 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-compliant use of the Actiyon site or your infringement of any applicable law.
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.
16.1 AT THE INITIATIVE OF ACTIYON
Actiyon has the right 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
Like Actiyon, you can at any time, without having to justify why and without prior notice, terminate the current contract by informing us of termination, 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 to: Actiyon, 16 boulevard du Maréchal Lyautey, 38000 Grenoble – FRANCE.
17. Partial Invalidity
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 - Jurisdiction
This contract is governed by French law (regardless of the rules concerning law conflicts). The relevant tribunals are those located in Grenoble.
19. Information
For any question concerning the Contract or its conditions, contact us or write us at :
Actiyon,
16 boulevard du Maréchal Lyautey,
38000 Grenoble
FRANCE
Email: contact@actiyon.com
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