UserCrowd Terms and Conditions

1. These Platform terms and conditions (Terms):
   1. Are between us and you (Participant or you);
   2. set out the terms and conditions upon which we agree to grant you a right to use the UserCrowd Platform and Service; and
   3. is binding on you from the date (Effective Date) on which we provide you with an account to enable you to access and use the Service (Account) until the date on which your Account is terminated in accordance with these Terms (Term).
2. Please read these Terms carefully and immediately terminate your Account if you do not agree to them.
3. By creating an Account and/or accessing and/or using the Service, you:
   1. warrant to us that you have reviewed these Terms, including our Privacy Policy, available on the UserCrowd Platform, and you understand them;
   2. acknowledge and agree that these Terms incorporate by reference the terms of any rules and guidelines as set out on the UserCrowd Platform or as provided to you from time to time (Participant Guidelines);
   3. warrant to us that you have the legal capacity to enter into a legally binding agreement and you are over 18 years of age;
   4. warrant to us that you have the authority to act on behalf of any person or entity for whom you are using the Service, and you are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service;
   5. warrant to us that you have all hardware, software, and services which are necessary to access and use the Service; and
   6. agree to use the Service in accordance with these Terms.

1. You will be required to create an Account with us in order to access and use the Service and you will need to provide the required personal information including without limitation contact details and certain demographic information as requested at the time of creating your Account and throughout the Term. You must ensure that any personal information you give us when creating an Account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
2. When you create an Account, you will be required to supply a password. You agree that we may alter or update your password at any time during the Term. It is your responsibility to keep your Account details confidential. You are liable for all content posted and all activity on your Account, including purchases or payouts made using your Account details, and you must immediately notify us of any unauthorized use of your Account.
3. You must not create more than one Account. If we detect that you have created more than one Account we will terminate all of your Accounts, including your original Account in accordance with clause 15(b) of these Terms.
4. At our sole discretion, we may refuse to allow any person to create an Account.

1. We collect personal information about you in order to allow you to access and use the UserCrowd Platform, to invite you to and allow you to participate in User Research, to contact and communicate with you, to provide a payout, to respond to your enquiries and for other purposes set out in our Privacy Policy.
2. We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators, and our business partners) or as required by law. If you do not provide this information we may not be able to provide the Service to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. By providing personal information to us, you consent to us collecting, holding, using, and disclosing your personal information in accordance with our Privacy Policy.
4. Notwithstanding anything to the contrary in these Terms or elsewhere, we may monitor, analyze and compile statistical and performance information based on and/or related to your use of the Service, in an aggregated and anonymized format (Analytics). You agree that we may make such Analytics publicly available, provided that it: (i) does not contain identifying information; and (ii) is not compiled using a sample size small enough to make the underlying data identifiable. We and/or our licensors own all rights, title, and interest in and to the Analytics and all related UserCrowd Platform, technology, documentation, and content provided in connection with the Analytics, including all intellectual property rights in the foregoing.

1. We grant you a non-exclusive, non-transferable, non-sublicensable (except as otherwise permitted under these Terms), personal and revocable license to access and use the Service for your own personal purposes for the Term (License).
2. You agree that:
1. we reserve the right at any time and from time to time to: (i) refuse any request in relation to the Service that we deem inappropriate, unreasonable, illegal, or otherwise non-compliant with these Terms; and/or (ii) modify or discontinue, temporarily or permanently, access to the Service (or any part thereof) with notice.

1. Businesses who wish to receive feedback on their products and services may engage us to enable them to receive responses from you. (Business Customers)
2. When we receive a request from a Business Customer for Participants, we will send notifications with an invitation to participate to Participants based on our queuing system which takes into account a number of variables including but not limited to your demographic information and your rating (Rating) on the platform.
3. The invitation notification will provide an overview of the nature of the User Research, the incentive offered for participating in the User Research in accordance with our Participant Guidelines, and the estimated time required to complete the User Research.
4. An invitation notification sent to you to complete User Research will expire once the number of Participants requested by the Business Customer has been fulfilled in accordance with our Participant Guidelines. At this time your invitation to complete the User Research will be revoked.
5. You agree to keep your contact information up-to-date and that we will provide you with UserCrowd Platform notifications to alert you about an invite to participate in new User Research on the Platform. The notification will be sent via the UserCrowd Platform or via any other currently active communication channel. You may update your communication preferences via the “Settings” feature (or similar) on our UserCrowd Platform. Some notification settings may be locked or unavailable as they are required for the functionality of the UserCrowd Platform
6. When accepting and completing User Research you will need to provide accurate information and quality responses as set out in our Participant Guidelines.
7. You may be directed to external third-party websites as part of User Research. We are not responsible for the content, privacy practices, or security of these external sites. We recommend that you review the privacy policy and terms of service of any external website before providing any personal information.

1. We will assign a Rating to your Account.
2. Your Rating is based on an assessment by us and our Business Customers of your User Research responses and whether in our sole discretion, your User Research responses have been provided in accordance with our Participant Guidelines.
3. If you have any questions, comments, or complaints about your Rating please contact us on the details below and we will endeavor to respond to your query but you are not automatically entitled to a review of your Rating.

1. When you complete User Research in accordance with our Participant Guidelines we will automatically credit your Account balance with the incentive applicable to the User Research completed (Incentive). For some types of User Research, this may occur after the User Research response has been reviewed.
2. The Incentives in your Account balance will be removed if your Account is terminated in accordance with clause 15 of these Terms.
3. You can view your Account balance via the dashboard on the UserCrowd Platform.
4. Where you have an Account balance of $10 or more you may request a payout via the UserCrowd Platform which will transfer your Account balance into US dollars (Payout).
5. A Payout will be paid via your currently linked PayPal account. It is your responsibility to ensure your PayPal details are accurate and up-to-date.
6. You can view a history of your Incentive and Payout transactions via the UserCrowd Platform.

1. You must not access or use the Service except as permitted by the License and you must not do, or omit to do, any act that would or might invalidate or be inconsistent with our intellectual property rights in the Service or UserCrowd Platform or with our Business Customers intellectual property rights. Without limiting the foregoing provisions, you must not:
1. resell, assign, transfer, distribute or provide others with access to the Service;
2. alter, remove or tamper with any intellectual property rights, trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Service or UserCrowd Platform and including of our Business Customers;
3. use the Service to enter User Research responses, transmit, publish or communicate material that includes profanities, is defamatory, offensive, abusive, indecent, menacing or unwanted;
4. copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, or reverse engineer the Service or UserCrowd Platform;
5. use the Service in any way which is in breach of any applicable local, state, federal and international laws and regulations (Laws) or which infringes any person's rights, including intellectual property rights including those of our Business Customers;
6. use the Service in any way that damages, interferes with or interrupts the supply of the Service or any of our services;
7. reveal your Account password to others or allow others to use your Account;
8. use the Service to send spam or make fraudulent offers of goods or services;
9. use the Service to carry out security breaches or disruptions of a network or any other person’s use of the Service; or.
10. use the Service in breach of any person’s privacy (such as by way of identity theft or “phishing”).

1. In order to complete your User Research responses (Data) on our Platform, you may be required to upload, submit, or transmit relevant information and content in any format (User Content) using our Platform. By participating in User Research and making available any User Content on or through our Platform or via a third party platform, you assign to us the right to use, copy, adapt, edit, distribute, and display such Data on the Platform, including to allow us to transfer our rights via license or assignment to our Business Customers.
2. You agree that you are solely responsible for all Data that you make available on or through our Platform. You represent and warrant that:
1. you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such Data as contemplated by these Terms; and
2. neither the Data nor the posting, uploading, publication, submission or transmission of the User Content or our use of the Data on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3. We do not endorse or approve and are not responsible for any Data. We may, at any time at our sole discretion, remove any Data.
3. Moral Rights: If you or any of your personnel have any moral rights (as defined in the Copyright Act 1968 (Cth)) (Moral Rights) in any Data, you (and you will ensure that your personnel) consent to the infringement of those Moral Rights by us or our personnel.
4. General: You must, at all times, ensure the integrity of your Data and that your use of your Data is compliant with all Laws. You represent and warrant that: (i) you have obtained all necessary rights, releases, and permissions to provide all your Data to us and to grant the rights granted to us in these Terms; and (ii) your Data and its transfer to and use by us as authorized by you under these Terms do not violate any Laws (including those relating to export control and electronic communications) or rights of any third party, including any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection, and disclosure authorized in these Terms is not inconsistent with the terms of any applicable privacy policies. We assume no responsibility or liability for your Data, and you shall be solely responsible for your Data and the consequences of using, disclosing, storing, or transmitting it.
5. Removals: We have no obligation to monitor any content uploaded to the Service. Nonetheless, if we deem such action necessary for any reason, we may (without limiting our other rights) remove your Data from the Service. We have no liability to you for removing your Data from the Service.
6. Security: We implement security procedures to help protect your Data from security attacks. However, you understand that use of the Service necessarily involves the transmission of your Data over networks that are not owned, operated, or controlled by us, and we are not responsible for any of your Data being lost, altered, intercepted, or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmission of your Data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third-party service providers.
7. External website data: Any data you provide directly to external third-party websites during User Research is subject to their privacy policies and terms of service. We do not control and are not responsible for how these external websites collect, use, or share your data.

1. In case of technical problems, you must make all reasonable efforts to investigate and diagnose problems before contacting us. If you still need help, please check the support we provide as stated on our UserCrowd Platform, or failing that please email us at support@usercrowd.com

You must:

1. at your expense, provide us with all reasonable assistance and cooperation in order for us to supply the Service in an efficient and timely manner;
2. provide accurate, current and complete information during the registration process and keep your profile accurate and up-to-date;
3. provide accurate and quality responses and in your User Research answers as per our Participant Guidelines set out on the UserCrowd Platform;
4. at your expense, make any changes to your Computing Environment, such as system upgrades, that may be required to support the delivery and operation of any Service; and
5. When participating in User Research that involves external websites, you agree to:
   1. Only provide information that is necessary for the specific research task;
   2. Exercise caution and good judgment when deciding what information to share;
   3. Report any suspicious or inappropriate data collection practices to us immediately.

1. Definition: The term Confidential Information means all trade secrets, know-how, inventions, developments, designs, software, and other financial, business, or technical information of a Business Customer that is disclosed to you via the Platform.
2. Confidentiality: You must treat all information relating to our Business Customers and their intellectual property on the Platform as Confidential Information. You must keep this Confidential Information secret and only access the Confidential Information under the specific rights granted by these Terms or to the extent permitted by law. You must not use, copy, reproduce, or disclose any of our Business Customers’ Confidential Information without their written consent unless required by law.

1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with these Terms, the UserCrowd Platform and the Service) will at all times vest, or remain vested, in us.
2. You must not do, or omit to do, any act that would or might invalidate or be inconsistent with our intellectual property rights in the Service, UserCrowd Platform, or with our Business Customers’ intellectual property rights in any Confidential Information they upload to the Platform.
3. You must not, without our prior written consent:
1. copy or use, in whole or in part, any of our intellectual property or our Business Customers’ intellectual property;
2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property or our Business Customers’ intellectual property to any third party; or
3. breach any intellectual property rights connected with the UserCrowd Platform including our Business Customer’s intellectual property rights, the UserCrowd Platform or the Service, including (without limitation) altering or modifying any of our or our Business Customer’s intellectual property; causing any of our Business Customer’s intellectual property to be framed or embedded in another website; or creating derivative works from any of our or our Business Customers intellectual property.
4. This clause 13 will survive the termination of your Account.

1. We are not liable for any loss, damage, or breach of your personal information that occurs on external third-party websites you may visit as part of User Research. Your interactions with these websites are governed by their respective terms and privacy policies.
2. Despite anything to the contrary, to the maximum extent permitted by the law:
1. our maximum aggregate liability arising from or in connection with these Terms (including the Service or the subject matter of these Terms) will be limited to, and must not exceed $1; and
2. we will not be liable to you for any loss of profit (including anticipated profit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
3. Despite anything to the contrary, to the maximum extent permitted by the law, we have no liability, and you release and discharge us from all liability, arising from or in connection with any:
   1. injury, damage or loss to any person or property;
   2. failure or delay in providing the Service;
   3. unavailability, outage or interruption to the Service or your Computing Environment; or
   4. breach of these Terms or any Laws, where caused or contributed to by any:
   5. event or circumstance beyond our reasonable control;
   6. a fault, defect, error or omission in your Computing Environment or Data; or
   7. act or omission of you, your related parties or a third-party service provider,
   and, in any event, any error, omission or lack of suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Service.
4. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees, and remedies relating to the provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict, or modify your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
5. You acknowledge and agree that:
1. you use the Service and any associated programs and files at your own risk;
2. we may use third-party service providers to host the Service. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features without liability or entitling you to any refund, credit, or other compensation;
3. the Service may use third party products, facilities or services. We do not make any warranty or representation in respect of the third-party products, facilities, or services;
4. we do not guarantee that any file or program available for download and/or execution from or via the Service is free from viruses or other conditions which could damage or interfere with Data, hardware or UserCrowd Platform with which it might be used;
5. from time to time, we may make certain services and/or features available to you for use which are still in their beta stage (Beta Services); Beta Services have not been fully tested and are provided on an ‘as is’ basis; and, to the fullest extent permitted by Law, we make no representations, warranties or guarantees in relation to such Beta Services; and
6. we may pursue any available equitable or other remedy against you if you breach any provision of these Terms.
6. Despite anything to the contrary, to the maximum extent permitted by the law, you must indemnify us and hold us harmless from and against any loss, cost, liability, or damage, howsoever arising, suffered, or incurred by us, and arising from or in connection with any claim relating to your Data, User Content, your use of the Service or any breach of these Terms by you.
7. This clause 14 will survive termination of the Account.

1. You may terminate your Account by using the “Cancel Account” feature (or similar) on the UserCrowd Platform or by sending an email to the address at the end of the Terms. You are solely responsible for properly terminating your Account. Your credits will be removed from your Account on termination.
2. We may, at any time and at our sole discretion, suspend or terminate your Account for any reason. We will generally alert you when we take such action and give you a reasonable opportunity to remedy any breach of these Terms, but if we determine that your actions endanger the operation of the Service or other users, we may suspend or terminate your Account immediately without notice. If you or we terminate your Account you will not be able to request a payout of your credits following the termination.

1. Force Majeure: If a party (Affected Party) is unable to perform any of its obligations under these Terms due to an event or circumstance beyond its reasonable control (Force Majeure) and it gives the other party prompt written notice of such, the Affected Party’s obligations shall be suspended to the extent necessary. The Affected Party must use reasonable efforts to limit the impact of the event on its performance and must continue to perform its obligations in full as soon as the Force Majeure ceases.
2. Non-solicitation: You must not solicit or entice away, any person or organization that was our actual or prospective, client, employee, contractor, representative, agent, or developer during the Term.
3. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this provision).
4. Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your Account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post, or on the next business day in the case of email.
5. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
6. Relationship of parties: These Terms are not intended to create a partnership, joint venture, or agency relationship between the parties.
7. Severance: If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
8. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
9. Entire agreement: These Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
10. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the UserCrowd Platform.
11. Governing law: These Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any rights to object to proceedings being brought in those courts. The Service may be accessed in Australia and overseas. We make no representation that the Service complies with the laws (including intellectual property laws) of any country outside of Australia other than the General Data Protection Regulation 2016/679 where applicable to your data. If you access the Service from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Service.

For any questions or notices, please contact us at:

UsabilityHub Pty Ltd ACN 158 305 205 trading as Lyssna

Email: support@usercrowd.com