Use of the Application

Applause (the “Application”) is a trademark of uTest, Inc. (“uTest”). All rights reserved.  By using the Application, you agree to comply with and be legally bound by the following Terms of Use ("Terms"), whether or not you become a registered user of the application. If you do not agree to these Terms, you may not use the Application. Failure to use the Application in accordance with these Terms may subject you to significant civil and/or criminal penalties. These Terms are in effect throughout the full term or duration of your use of the Application. You are responsible for regularly reviewing and complying with these Terms.

Eligibility

Your eligibility for use of the Application is contingent upon meeting the following conditions:

(a) You are at least 18 years of age.

(b) You use the Application according to these Terms and all applicable laws and regulations determined by the state and country of your residence.

(c) You provide complete and accurate registration information and maintain accurate registration information on this site.

(d) You agree and understand that uTest may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these Terms.

Additional Obligations and Restrictions

You agree that all registration information provided is true, accurate, complete, and current. Any registration information that is not true, accurate, complete, or current constitutes violation of these Terms and your account may be suspended without notice.

In connection with your use of the Application, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:

(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court;

(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

(c) interfere with or damage the Application, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

(d) use automated scripts to collect information or otherwise interact with the Application or this site;

(e) enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of such organization or entity.

Modifications to the Application

uTest retains the right to, at any time, modify or discontinue, any or all parts of the Application without notice. Additionally, uTest reserves the right, at any time and in its sole discretion, to modify these Terms, effective by posting new terms on this site with the date of modification. You are responsible for reading and understanding these Terms prior to registering to use the Application. Your use of the Application after any such modification has been published constitutes your acceptance of the Terms, as modified.

Account Security and Password

Upon registration you will be provided with a login identifier (“username”) and a password in order to access this site and to use the Application. You are responsible for safeguarding such information from disclosure and unauthorized use. You are fully and solely responsible for all activities that occur in your account under your username and password.

Application Availability

uTest does not guarantee that the site or the Application will be operable at all times, including but not limited to, downtime:

(a) caused by outages to any public internet backbones, networks or servers;

(b) caused by any failures of your equipment, systems or local access services;

(c) for previously scheduled maintenance; or

(d) relating to events beyond uTest’s control, such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in internet services to an area where uTest’s servers are located or co-located.

Intellectual Property

All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this site, or within the Application, are the sole property of uTest. Unauthorized use of any materials contained on this site or within the Application may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party’s rights, please contact uTest immediately at the address provided below.

You agree not to copy, reproduce, sell, transfer, modify, publish, distribute, display, or exploit any portion of the site, Application, or third-party content without prior express written consent of uTest or the respective owner of such material.

Disclaimer of Warranty and Limitation of Liability

This site and the Application are provided “as is.” uTest, its affiliates, suppliers, officers, directors, employees, and agents exclude and disclaim all representations and warranties, express or implied, related to this site or in connection with the Application. uTest disclaims all liability for damages related to or arising out of the use of this site or the Application. This includes loss of business profits, damage to computers, computer hardware or software, data, errors or mistakes in the content, personal injury, or other property damage. uTest does not guarantee the Application will meet your requirements or specifications, and any questions regarding such should be directed to us using the contact form on this site or directly with the information below. You agree that uTest shall not be liable to you or any third party for any modification, suspension, or discontinuance of this site or the Application. You agree that uTest shall have no liability with respect to any applications you publish or distribute.

Indemnity

You agree to indemnify, defend and hold harmless, uTest, its officers, directors, employees, agents, licensors, representatives, affiliates, and third-party providers, against and from all losses, expenses, damages, and costs, including attorney’s fees, resulting from your violation of these Terms, your violation of any law or regulation, or your violation of the rights of any third party.

Privacy Policy

You agree to abide by and accept uTest’s privacy policy (the “Policy”) prior to using the Application. The Policy is attached hereto and is incorporated into these Terms.

Miscellaneous

These Terms reflect the complete agreement between us concerning use of this Site and the Application, and supersedes all prior agreements and representations between us, if any. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the appropriate courts located in the Commonwealth of Massachusetts. Any notices to uTest must be sent to by mail to the address below, via first class or air mail or overnight courier, and are deemed given upon receipt. You may not assign or otherwise transfer any of your rights hereunder without uTest’s prior written consent, and any such attempt is void. The relationship between uTest and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

Contact Information

If you have any questions about these Terms, please contact us here. You may also contact us by mail, as follows: uTest, Inc., 100 Pennsylvania Ave., Framingham, MA 01701 – Attn: Legal Dept.