User Testing Terms and Conditions
Last updated on (Version: 2.0.0)
Applies in: UK, EU and US
Contents
These Terms and Conditions (“Terms”) constitute the entire agreement between See Me Please and you, as an individual user tester participating in accessibility research and testing through the See Me Please platform operated by us (“User Tester”).
OUR COMPANY
See Me Please is a global company based in Australia, the UK and Ireland. If you are based in:
(a) the UK, this agreement will be entered into between you and See Me Please Ltd (company number: 16953184) whose registered office address is at 10 John Street, London, WC1N 2EB;
(b) the European Union, this agreement will be entered into between you and See Me Please Limited (company number: 805305) whose registered office address is at 51 Bracken Road, Dublin D18 CV48;
Our technology and processing functions however are operated from Australia, and our website is operated by Digital Discovery Pty Ltd (ABN 22 668 639 156) trading as See Me Please whose registered office address is at Suite 306, 75 King Street, Sydney NSW 2000. The See Me Please Group of Companies, based in Australia, will hold all intellectual property created by the UK and EU See Me Please operating entities (See Me Please Ltd in the UK, and See Me Please Limited in Ireland for the European Union), or anything you create during your working relationship with a See Me Please company.
Therefore, when we refer to “we”, “us”, “our” or “See Me Please” in these Terms, we are referring to the See Me Please company group as a whole, or as applicable the relevant See Me Please company.
STATUS OF USER TESTERS
User Testers are engaged by us as independent contractors, and nothing in these Terms, nor any participation as a User Tester, shall make you an employee, worker, partner or agent of See Me Please.
As an independent contractor, you will receive payment for your participation in our projects. Payment for that participation will be deemed to be ‘income’ for the purposes of any pension, allowances, credits or benefits that you receive. We strongly recommend that you check the details of any such payments you receive and in particular any thresholds that would reduce or otherwise negatively impact your receipt of those payments. We would encourage you to consider all relevant payments and thresholds before agreeing to participate in any project.
By registering as a User Tester or participating in any User Testing Project or other work contemplated by these Terms, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use our platform or participate in any universal usability research and testing projects or other work with us.
1. ELIGIBILITY AND ONBOARDING
1.1 About us
(a) See Me Please operates a digital native, user testing platform aimed at providing organisations with insights and feedback from diverse and disabled users to improve the universal usability and accessibility of their services (the “Platform”).
(b) Customers of See Me Please are such service providers and organisations using the Platform to improve the universal usability and accessibility of their services and websites (our “Customer(s)”).
(c) The employees and affiliates of our Customers will utilise the platform to access digital accessibility or universal usability insights and feedback provided by our User Testers.
(d) As a User Tester:
(i) you will be invited to participate in User Testing Projects (see clause 5 of these Terms) in which you will share your personal preferences and feedback, which we will collect, analyse and provide to our Customers. We may combine your personal preferences and feedback with the insights and feedback of our other User Testers before providing to our Customers; and
(ii) you may also be invited to participate in other work (such as marketing, workshops, and other research) as outlined in clause 6 of these Terms.
(e) Acting as a User Tester and receiving compensation for your participation will be deemed as income in respect of disability allowance, tax, pension, and other benefit criteria. All individual’s looking to be a User Tester should ensure, and are solely responsible for ensuring, that their income will not be affected by participation in our projects. It is your responsibility to ensure that you are happy to participate on the basis of any income and allowances received and we are not responsible for any reduction to any income, including disability allowance, tax, pension, and other benefit.
1.2 Eligibility
To become a User Tester, you must:
(a) reside in the United Kingdom or European Union;
(b) be at least 18 years of age;
(c) align with one or more of our Eligible Cohorts (or otherwise be deemed eligible at the discretion of See Me Please), for specific eligibility please see the definition of Eligible Cohorts in clause 15;
(d) have reliable internet connectivity and access to appropriate devices;
(e) have the capacity to enter into these Terms and act as a User Tester without the authority or intervention of any third party or guardian; and
(f) read, understand and agree to these Terms.
1.3 Validation process
We employ various validation mechanisms to confirm your eligibility and capacity to participate as a User Tester. These may include:
(a) referrals from partner disability or migration employment services;
(b) interviews;
(c) age validation; and
(d) other verification processes as determined by us to be necessary from time to time.
1.4 VAT requirements
(a) All payments made by us to you are inclusive of VAT where applicable.
(b) While we suggest that you have registered to pay any required VAT, it is not a requirement to be a User Tester as we recognise that not all User Testers will be required to undertake VAT registration.
(c) You acknowledge and agree that you are wholly responsible for managing your own tax obligations, including VAT and income tax compliance.
1.5 Opt-in process
We use a two-step opt-in onboarding process whereby any individual who would like to act as a User Tester, will need to complete an overarching account registration and following that agree to participate in each individual User Testing Project (or any other work).
Specifically:
(a) Overarching Account Registration:
(i) You may sign up to an account with us and our team will review and, where appropriate invite you to complete onboarding on our site.
(ii) Our team will then undertake the onboarding and validation process set out in clause 1.3.
(iii) If we deem you to fall within an Eligible Cohort, and you (at our discretion) meet our criteria for a User Tester, you will be onboarded and provided with a User Tester account.
(b) User Testing Project Registration:
(i) after completing the overarching onboarding process and being provided with an account, User Testers may from time to time, at our discretion, be invited to participate in specific User Testing Projects, such invitation shall be sent to you through the Platform may:
(A) specify the requirements of the User Testing Project;
(B) provide our best estimate of the maximum time the project will require. The maximum hours specified is a cap on the hours that you are permitted to provide, you must not exceed those hours;
(C) state the total compensation payable for your participation; and
(D) disclose the Customer for whom the work is being undertaken.
(the “Participation Invitation”).
(ii) In order to participate in a User Testing Project you must confirm your acceptance to the Participation Invitation by opting-in as indicated in the Participation Invitation.
(iii) Once we have received your acceptance you will receive an email confirming you have opted-in which will contain a link to the specific tasks related to the User Testing Project (the “Participation Confirmation”).
Our aim is to ensure that all User Testers are empowered with choice and control to participate in any projects, including the User Testing Projects or other work which they are invited to. User Testers may accept or refuse to participate at their sole discretion without consequences.
We encourage all User Testers to carefully review all project details to ensure that they are happy to participate and understand the effect and outcome of any participation (including any financial outcomes relating to disability allowances, taxes and pensions).
2. NATURE OF ENGAGEMENT
2.1 Scope of services
(a) As a User Tester, you are engaged to participate in specific User Testing Projects from time to time. The nature of those projects may vary between each User Testing Project and will be confirmed as per clause 1.5, however in each case you will:
(i) provide feedback and insights on your user experience;
(ii) share your personal perspectives, preferences, insights, and feedback; and
(iii) provide user testing feedback based on your lived experience.
(b) You may also be invited to participate in other work from time to time, as provided by clause 6 of these Terms.
(c) Any invitation to participate in any User Testing Project or any other work is at our sole discretion.
(d) You may accept or refuse any such invitation at your discretion and without consequence.
(e) For the avoidance of doubt, as a User Tester you are not, and will not be, engaged to:
(i) provide representation or feedback on behalf of testing cohorts for which you lack lived experience;
(ii) provide design or digital accessibility or universal usability consulting advice;
(iii) solve universal usability problems or provide technical solutions; or
(iv) act as an expert or provide professional advice outside of your lived experience.
2.2 Independent contractor
You are engaged as an independent contractor. This relationship is characterised by:
(a) use of your own devices and equipment;
(b) voluntary participation in projects on a short-term project-by-project basis, with choice to opt-in or opt-out of projects;
(c) outcome-based deliverables;
(d) no expectation of ongoing or time-based work;
(e) non-exclusive engagement with us. We confirm that we will not control or limit what other third parties you work with;
(f) the ability to dictate and control how, when and if you undertake any work with us; and
(g) no entitlement to any employee benefits, workplace pension, annual leave, or sick leave.
2.3 No guaranteed work
There is no guarantee of any work or minimum engagement thresholds, specifically we do not guarantee that you will be invited to participate in any projects. Your participation in projects is predicated on:
(a) your eligibility to participate in a project, including falling into an Eligible Cohort;
(b) us providing you with an invitation, which we may do at our discretion; and
(c) your acceptance of any invitation, which you may accept or refuse at your discretion.
2.4 No employment relationship
Nothing in these Terms nor in your participation in any project, or any number of projects, as a User Tester shall make you an employee, worker, agent or partner of See Me Please and you shall not hold yourself out as such.
As such, these Terms constitute a contract for the provision of services and not a contract of employment. Accordingly, you shall be fully responsible for and in respect of any VAT (or equivalent taxes), income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with these Terms and/or the compensation paid to you, where the recovery is not prohibited by law, and any penalty, fine or interest incurred in connection with or in consequence of any such liability, deduction, contribution, assessment or claim.
3. PAYMENT
3.1 Payment structure
(a) We have a default base hourly rate for our User Testers which can be adjusted based on your preferred hourly rate and your star rating.
(b) We will use the set hourly rate to calculate the compensation you will receive for providing the deliverables. Such compensation is paid on an outcome-based deliverables basis, and not for engaging you on a time spent basis.
(c) You may choose to set a higher rate; however, due to our Customers’ needs and budget, this may affect the number or types of User Testing Project opportunities made available to you.
(d) We may, at our discretion, adjust your hourly rate based on your star rating performance. However, where you have set your own hourly rate, we will not adjust the hourly rate lower than your set rate without your approval.
(e) When we invite you to participate in a User Testing Project, we will provide you with our best estimate as to the maximum hours to spend on that project. Your compensation for participating in that project will be calculated based on your hourly rate and the provided estimate as to the maximum hours.
(f) We generally overestimate the time required for User Testing Projects in order to ensure that our User Testers receive fair compensation and to demonstrate how we value their perspectives. The estimated hours are provided on an indicative basis only, and the compensation payable to you will be either (a) the set figure confirmed to you in the Participation Invitation (usually specified for ‘other work’), or (b) your set hourly rate at the time of the Participation Invitation multiplied by the maximum hours specified in the Participation Invitation.
(g) For the avoidance of doubt, as above you will be paid at the prescribed rate for your participation even if the User Testing Project takes you less or more time than estimated, provided that you adhere to the quality standards imposed by these Terms, and as set out in our Participation Confirmation. However, where a project requires more time to complete the assigned tasks than estimated, you are expected to utilise the full allocated time.
(h) If you are invited to participate in a project which is not a User Testing Project (see clause 6) then the compensation for that project will be confirmed at a set rate, in accordance with clause 6.2, as confirmed to you in the Participation Invitation.
(i) All payments are inclusive of VAT where applicable.
(j) We do not withhold any taxes (including any income tax or VAT). You are solely responsible for all tax associated with any payment made from us to you in accordance with clause 2.4.
3.2 Payment processing
(a) Payment will be made to you in full after quality check, usually within 14 days of completing a project, unless we notify you otherwise.
(b) If User Testing Projects require us to provide you with access to additional funds upfront (for example, to complete a purchase as part of a project), then you must only use these funds for that specified need as instructed by us in writing. Any misuse of these funds will be considered theft, which is considered a serious breach; we may recover the funds and close your account, and we reserve all of our rights in relation to this.
(c) If User Testing Projects require us to provide you with access to additional funds upfront (for example, to complete a purchase as part of a project), you may be requested to refund residual payments or provide confirmation of the purchase which is likely to be refunded by our Customer. Any misuse of these funds or related purchases (including any use of the funds in any manner outside of the purpose confirmed to you in writing by us) that have been procured for the purpose of providing user testing insights will be considered theft, which is considered a serious breach; we may recover the funds and close your account, and we reserve all of our rights in relation to this.
(d) Where applicable, and particularly in respect of any refund of residual payments, we shall be entitled to deduct from the compensation (and any other sums) due to you, any sums that you may owe to us at any time.
(e) It is your responsibility to provide accurate payment details during onboarding and to promptly notify us if these details change.
(f) Payments will be processed through our designated payment systems, software, bank transfers, or other payment platforms as determined by us from time to time.
3.3 Incentives
We may, from time to time and at our sole discretion, offer additional incentives where specific skill sets or urgent participation is required, or where additional activity is requested by our Customer (such as playback sessions, or for the information you provide to be publicly available). Participation remains entirely voluntary.
3.4 No other payments
You agree that we have no obligation to make any payments to you except as expressly provided by this clause 3.
4. QUALITY EXPECTATIONS
4.1 Quality standards
You are expected to:
(a) complete the full range of assigned tasks required under the project as notified to you at the outset, or as updated during your participation. Some projects may require the full allotted time (as confirmed to you) to be spent on the project in order to properly meet our Customers’ needs;
(b) provide considered, detailed feedback for the full duration of nominated maximum hours (in accordance with clause 3.1(e));
(c) submit clear, audible audio and visual content;
(d) provide substantive verbal and written responses. For the avoidance of doubt, responses such as “no feedback”, “see above”, “refer to video tasks” or “not applicable” are not acceptable as they do not provide the insights that we and our Customers require;
(e) use appropriate, professional language at all times;
(f) arrive punctually for moderated sessions;
(g) be respectful and forthcoming with feedback;
(h) conduct yourself professionally in all interactions; and
(i) adhere to any additional standards or quality criteria confirmed to you in writing by us from time to time, including as set out in the Participation Invitation or Confirmation.
4.2 Consequences of poor quality
If you fail to meet the quality standards set out above, we reserve the right to:
(a) withhold compensation entirely;
(b) provide partial compensation only;
(c) reduce your star-rating; or
(d) request that you re-submit or recomplete any part of, or all of, a project (at no additional cost to us),
at our sole discretion.
4.3 Prohibited conduct
You must not:
(a) discredit us or engage in conduct which could damage our reputation;
(b) contact Customers directly (you must immediately notify us if you are contacted by Customers);
(c) assert yourself as an expert outside of your lived experience;
(d) provide conformance or consulting advice;
(e) make disparaging comments about our Customers; or
(f) disclose our Customers’ identities (in respect both of the organisation identities or the Customer’s individual employees or other such personnel) to any other individuals, entities, or organisations.
If you engage in any of the conduct described at clause 4.3, then we may terminate our relationship with you.
4.4 Star rating system
We deploy a star-rating system to assess User Tester performance and engagement. This rating system is used in conjunction with other relevant considerations (such as availability, relevant experience, and demographic) for the purpose of determining your suitability to participate in each User Testing Project. Higher ratings may result in priority consideration for project invitations, while lower ratings may affect your likelihood of being selected for future opportunities.
Your star rating will be determined by considerations such as:
(a) (task completion) completion of tasks for which a User Tester opts in;
(b) (timeliness) meeting agreed deadlines and timeframes for User Testing Projects;
(c) (quality of engagement) the quality of feedback provided, including whether the User Tester has taken adequate time to complete tasks thoroughly, answered questions in a meaningful and comprehensive way, and provided substantive interaction as opposed to superficial engagement; and
(d) (quality of feedback and narration) for verbal testing sessions, the quality and usefulness of commentary provided, including clear articulation and meaningful narration, and providing valuable insights beyond simply performing actions.
Our star-rating system is designed to ensure quality and timely services are provided to our Customers and to uphold the standards requested and set by those Customers, and therefore the star-ratings are set at our sole discretion.
4.5 Non completion
User Testers are entitled to undertake and complete any project as they see fit and at any such times as are suitable for them, however, due to the strict deadlines imposed by our Customers, any User Tester who opts-in but fails to complete a project, be it partly or in full, by the required deadline may:
(a) forfeit compensation for that project in part or in full (at our discretion);
(b) have their star-rating negatively impacted; and
(c) be deprioritised for future opportunities.
4.6 Communication standards
(a) You acknowledge that the Customers which are engaging with us are demonstrating a commitment to improving universal usability and inclusive design. As a User Tester, your role is to support and encourage our Customers in this process. All feedback, insights, and communications provided by you must be:
(i) constructive and solution-focussed;
(ii) aimed at improving user experience rather than criticising organisational practices; and
(iii) delivered with respect for the Customer’s efforts to enhance universal usability.
(b) When providing insights and feedback, you should:
(i) focus on specific challenges and suggest practical solutions or improvements;
(ii) frame your observations in terms of user needs, rather than failings of the Customer; and
(iii) provide such insights and feedback in a manner that cultivates continued interest in understanding diverse user experiences and promotes ongoing improvement in accessible design practices.
(c) User Testers must not engage in any of the following conduct:
(i) making disparaging, defamatory, or unnecessarily critical remarks about the Customer or their commitment to universal usability or inclusive practices;
(ii) criticising or commenting negatively about the Customer on social media or other public forums; or
(iii) providing feedback in an inflammatory or hostile manner.
4.7 Digital Accessibility and Universal Usability
As set out above, our Customers utilise our Platform in order to improve their website, platforms, and services with a goal of providing accessible services to all. In completing a User Testing Project you will likely encounter issues with the digital accessibility and universal usability of our Customers’ services and the overarching goal of the User Testing Project is to provide our Customers with the information and tools to fix these problems.
By agreeing to become a User Tester and participating in User Testing Projects you confirm that:
(a) by participating in a project, you are providing a service in the course of a business, trade or profession rather than for any domestic or personal use as a consumer;
(b) you understand the nature of the work See Me Please undertake and the aim of making services more digitally accessible, but in the course of doing so, will come across accessibility or universal usability issues of our Customers;
(c) you will not use the information that you have gathered about our Customers during the course of a project, in any way other than to complete the project you have been assigned in accordance with these Terms; and
(d) in addition to the above, you will not use the information that you have gathered about our Customers in any way to negatively impact, prejudice, or otherwise cause harm to any Customers.
We shall be entitled to refuse payment of any compensation, suspend your participation in any projects (including ongoing projects), cancel your User Tester account, and/or terminate our engagement with you (as a User Tester or otherwise), if you are in our reasonable opinion in breach of this clause 4.7.
5. USER TESTING PROJECTS
5.1 User Testing Projects
A “User Testing Project” is a project by which a curated panel of User Testers provides feedback and perspective to us for provision to our Customers.
5.2 Participation
(a) When participating in a User Testing Project, User Testers will be required to record their interactions and provide feedback. This may include both written, screen recordings and verbal feedback via video camera, for example:
(i) providing a video narrating your thoughts, impressions, and feedback during testing of a Customer’s online service with your adaptions or assistive technologies;
(ii) completing survey insights; and
(iii) other similar tasks.
(b) Through our platform, this feedback is synthesised to provide Customers with a comprehensive package, including:
(i) a highlights reel;
(ii) a dynamic, interactive dashboard showing friction points by severity, stage of journey, and user cohort;
(iii) actionable data and recommendations; and
(iv) end-to-end recordings of testers user experience.
(c) By participating in a User Testing Project, you acknowledge that See Me Please (and the related companies in our corporate group) will use all feedback, recordings, insights, and other information (whether audio, visual, written, or otherwise) which you provide in connection with that project to create and deliver the comprehensive package described in subclause 5.2(b) above, and that such information will be sent to the relevant Customer.
(d) You acknowledge that the information collected and used by us and our Customers will include your personal data. Please refer to clause 7 below and our Privacy Policy for more information as to how we collect and use your personal data, and the rights available to you.
5.3 Forum
User Testing Projects will be conducted either by:
(a) unmoderated sessions, whereby User Testers can independently provide feedback in their own time (within the time constraints of a project); or
(b) moderated sessions, whereby User Testers will be required to meet with representatives of us or Customers.
6. OTHER WORK
6.1 Other work
Some User Testers may be considered suitable to provide insights for engagement beyond the User Testing Projects contemplated under these Terms. This may include an invitation to:
(a) participate in further research commissioned by us;
(b) engage in workshops or debriefs with our Customers;
(c) participate in webinars;
(d) contribute to marketing and promotional content with us; or
(e) participate in pre-sales engagements with us.
6.2 Compensation for other work
If you are invited to participate in other work as described above, then we will offer you a set compensation rate to participate. This will be determined at our sole discretion and not necessarily by reference to the hourly rate determined pursuant to clause 3.1(a) of these Terms.
6.3 Quality and Use of other work
These Terms as a whole will, for the avoidance of doubt, apply to any work undertaken in connection with clause 6.1 unless explicitly stated as relating only to User Testing Projects. In particular:
(a) Clause 4; and
(b) Clause 7
will apply to any work undertaken in connection with clause 6.1.
7. PRIVACY
Personalised insights and feedback are core to our service offering and essential to the service we provide. We recognise that such insights will contain a large amount of personal data and are committed to the protection of personal data.
We take the privacy of our User Testers seriously, and put in place specific measures to ensure the protection of your personal data whilst ensuring we are able to provide the insights required by our Customers to assist in making services more digitally accessible and inclusive by design.
Our Privacy Policy, which is available here, outlines what personal data we will collect, how we will collect it and how/why we use your personal data. The Privacy Policy will also outline your rights in respect of your personal data.
For the avoidance of doubt:
(a) your personal data will be shared with the Customer specified in the Participation Invitation.
(b) we generally do not rely on legal consent for the purposes of processing your personal data for the purposes of participating in a project, however should we need to, we will obtain your explicit consent before using your personal data.
In addition to the above, we also partner with third parties, such as expert technologists and academia, to explore innovative solutions, and you agree that we may use all data and videos collected from your participation in connection with this.
It is extremely important that you read and understand our Privacy Policy. If you have any questions or concerns, please contact us as outlined in our Privacy Policy.
8. DATA AND INTELLECTUAL PROPERTY
8.1 Data ownership
The purpose of your engagement is to allow us to assist our Customers in providing feedback and material to improve the usability of their services. By participating in User Testing Projects, you acknowledge and agree:
(a) that all Intellectual Property Rights in, and ownership of, any insights, feedback, video recordings, and data that you provide to us during your participation as a User Tester, and any other Intellectual Property Rights created by you in the course of participating in a project (“Participation IP”), shall automatically vest in See Me Please on creation;
(b) in so far as such Participation IP does not vest in See Me Please automatically, by operation of law or under these Terms, you hereby irrevocably assign to See Me Please all existing and future Participation IP and all materials embodying these rights to the fullest extent permitted by law;
(c) these ownership rights are perpetual, irrevocable, and will continue even if your engagement as a User Tester ends;
(d) Data that is derived from your participation may be used by other technologies in order to provide our services to our Customers; and
(e) that as such rights shall automatically vest in, or be assigned to, See Me Please, we have unlimited and unconditional rights to use, modify, reproduce, distribute, licence, assign, and otherwise commercialise this data in perpetuity.
In accordance with the above, you waive any moral rights in the Participation IP to which you are now or may at any future time be entitled under Chapter IV of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction, including (but without limitation) the right to be identified, the right of integrity and the right against false attribution, and agree not to institute, support, maintain or permit any action or claim to the effect that any treatment, exploitation or use of such Participation IP or other materials infringes your moral rights.
8.2 Data usage
We may use any data that you provide to us for:
(a) providing insights to Customers;
(b) research and development purposes;
(c) building aggregated insights and analytics;
(d) training artificial intelligence models, including large language models;
(e) promoting our brand and services, including publicly, or directly via cold outreach to prospective Customers;
(f) building awareness of digital accessibility and universal usability;
(g) developing multi-modal sentiment and analysis tools; and
(h) any other commercial or research purposes.
8.3 Customer data usage
(a) While we provide insights to Customers to improve service usability and to third party organisations (as set out above), we cannot control how these parties ultimately use the insights provided.
(b) By participating in projects under these Terms, you agree that we are not liable for the way by which our Customers use the insights that are provided to them.
8.4 Further Intellectual property acknowledgments
You hereby agree and confirm that:
(a) All Intellectual Property Rights arising out of your participation as a User Tester under these Terms, including any materials developed or created in connection with such Intellectual Property Rights, are owned by us.
(b) You, nor anyone on your behalf, will make a claim arising from or connecting with any Intellectual Property Rights arising by your participating as a User Tester under these Terms.
(c) You agree to See Me Please (and our Customers) using and altering any content you provide in user testing, to the extent permitted by law.
9. CONFIDENTIALITY
9.1 Confidential information
Confidential Information includes any See Me Please or Customer information shared with you during or in connection with projects, including (without limitation) any products, concepts, prototypes, technical information, business information (including any information regarding clients, customers, suppliers, products, assets, affairs and finances), marketing materials, and discussions including in written, oral, visual or electronic form or on any magnetic or optical disk or memory), whether or not such information (if in anything other than oral form) is marked confidential.
9.2 Confidentiality obligations
You agree to:
(a) hold all Customer Confidential Information in strict confidence;
(b) not discuss Confidential Information in public or with third parties, including family and friends;
(c) not disclose, use, or develop or sell products or concepts relating to Confidential Information obtained through your participation in projects;
(d) not to discuss your project experiences with anyone; and
(e) to keep Customer identities confidential from all third parties.
10. RECORDING AND CONTENT USAGE
10.1 Recording agreement
(a) Many projects involve audio and/or video recording. We will inform you of any recording requirements before you begin a project. By participating in such a project, you agree to be recorded.
(b) Failure to provide any required recording may result in project exclusion and no payment in respect of that project.
10.2 Content rights
You grant us and our Customers unlimited rights to:
(a) record your voice, likeness, and activities during projects, in accordance with the Participation Invitation;
(b) publish, reproduce, store, edit, and distribute recordings;
(c) use recordings for commercial purposes, including AI model training;
(d) use content individually or combined with other materials in any medium; or
(e) distribute content globally without time or geographic limitations.
10.3 Compliance with laws
We will take reasonable steps to ensure compliance with any laws, regulations, and codes applicable to these Terms and your participation in any and each project.
11. PLATFORM USAGE
11.1 Account requirements
(a) Upon registration and upon any other reasonable request by us, you must accurately provide all personal information including your name, contact information, location, and any other information as reasonably required.
(b) You are responsible for maintaining the security and confidentiality of your account, and any account passwords, usernames, or other login credentials.
(c) You must notify us immediately if there has been any unauthorised access to your account.
11.2 Prohibited activities
You must not:
(a) create multiple or false accounts;
(b) contact or provide services to our Customers directly without our knowledge, involvement, instruction or prior consent;
(c) circumvent our Platform to complete work directly with Customers, or otherwise use the Platform to provide services to our Customers or third parties;
(d) use the Platform for unlawful purposes;
(e) interfere with other users or with Platform functionality;
(f) attempt to access information which has not intentionally been made available to you by us;
(g) use our Intellectual Property Rights (including any software or database rights, know-how, or source code) or Participation IP for any purpose other than to participate in User Testing or other work without our explicit prior consent;
(h) introduce or permit the introduction of, any virus into the Platform;
(i) copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means;
(j) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform available to any third party;
(k) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; and/or
(l) access all or any part of the Platform in order to build a product or service which competes with the Platform or the business.
12. TERMINATION
12.1 Termination rights
This relationship may be terminated by you or us at any time without notice.
In the event that you terminate this relationship during the course of a project (whether User Testing or other work), which results in (at our discretion) that work being incomplete, abandoned, or of low quality, we reserve the right to withhold, suspend or cancel any payment or part payment payable under the Participation Invitation. This may result in no payment or a reduced payment only being received.
12.2 Effect of termination
Upon termination:
(a) subject to these Terms, outstanding payment obligations survive;
(b) confidentiality obligations continue indefinitely;
(c) data ownership rights remain with us in accordance with these Terms, and nothing in these Terms, nor any termination shall deem any Intellectual Property Rights be transferred to you; and
(d) your access to the Platform will be revoked.
13. LIABILITY AND RISK
13.1 Voluntary participation
Your participation is entirely voluntary and at your own risk.
13.2 Release from claims
To the extent permitted by law, you unconditionally release and indemnify us and our Customers and hold us and them harmless against any liability, loss, damage, demand, cost, or expense, whether direct or indirect, which may be incurred by us or our Customers, including any liability to a third party, by reason of or arising out of:
(a) any breach of these Terms by you;
(b) any actual or alleged infringement of any Intellectual Property Rights of a third party, including a Customer;
(c) your use of any Customer’s systems, websites, applications, or digital services during User Testing Projects;
(d) any disclosure of usernames, passwords, or other login credentials (whether intentional or otherwise) during User Testing Projects; or
(e) your violation of any third party’s privacy laws or confidentiality during User Testing Projects.
13.3 Limitation of liability
To the maximum extent permitted by law, you agree that we shall have no liability to you under these Terms, whether at law or in equity, save for our express obligation to pay you as provided for, and in accordance with, these Terms.
14. GENERAL
14.1 Term
Your engagement will commence on the date in which you register for an account with us and start the onboarding process and shall continue until the earlier of (i) we confirm to you that you are not eligible for an account, or (ii) it is terminated in accordance with these Terms.
14.2 Status
Your relationship with us will be that of independent contractor and nothing in these Terms shall render you an employee, worker, agent or partner of us or our Customer and you shall not hold yourself out as such.
These Terms constitute a contract for the provision of services and not a contract of employment and accordingly you shall be fully responsible for and in respect of any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the services, where the recovery is not prohibited by law.
14.3 Amendments
We may update these Terms from time to time. We will notify you of material changes and your continued participation constitutes acceptance of the updated Terms.
14.4 Subcontracting and third party rights
You shall not under any circumstances subcontract, assign, or arrange for a third party to perform, any of your obligations under these Terms.
Except as expressly provided in these Terms, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
14.5 Jurisdiction and governing law
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Both you and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
If you are based in the EU, the courts of Ireland may also have jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
14.6 Severability
If any provision of these Terms is found to be unlawful or invalid, that provision shall be severed and the remainder of these Terms shall continue in full force and effect.
14.7 Entire Agreement
These Terms constitute the entire agreement between you and us regarding your participation as a User Tester.
15. DEFINITIONS AND INTERPRETATION
15.1 Definitions
Customer means any service provider, organisation, or other such third party who has engaged us to provide our services including any universal usability or digital accessibility feedback in relation to any products or services that they offer.
Confidential Information has the meaning given by clause 9.1 of these Terms.
Eligible Cohorts includes any person who is:
(a) blind or visually impaired;
(b) deaf or hard of hearing;
(c) over 65 years of age;
(d) neurodivergent;
(e) Aboriginal;
(f) physically disabled;
(g) English as a second language;
(h) transgender; or
(i) otherwise deemed suitable at the discretion of See Me Please.
Intellectual Property Rights means patents, utility models, rights to Inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Terms means these terms and conditions;
User Tester means an individual who has been engaged by us under these Terms;
User Testing Projects has the meaning given by clause 5.1 of these Terms;
we, us, our and See Me Please have the meaning given in OUR COMPANY above.
15.2 Interpretation
The following rules apply in interpreting these Terms, unless context requires otherwise:
(a) headings are for convenience only, and do not affect interpretation;
(b) a singular word includes the plural, and vice versa;
(c) if a word or phrase is defined, then any other grammatical form of that word or phrase has a corresponding meaning;
(d) if an example is given of anything, such as by saying “including”, then the example does not limit the scope of that thing;
(e) a reference to information includes information of any kind in any form or medium, whether formal or informal, written or unwritten;
(f) a reference to writing or written includes email and any other such electronic means, including via the Platform; and
(g) in the interpretation of these Terms, no rule of construction applies to the disadvantage of us on the basis that we put forward or drafted these Terms.