SuperSend SuperUDID

Terms of use & privacy policy

IN ORDER TO BE ABLE TO ACCEPT THE GENERAL TERMS AND CONDITIONS BELOW, YOU MUST BE AT LEAST 18 (EIGHTEEN) YEARS OF AGE. IF YOU ACCEPT THE GENERAL TERMS AND CONDITIONS BELOW ON BEHALF OF A COMPANY; YOU MUST HAVE AUTHORITIY TO DO SO. IF YOU ARE NOT AT LEAST 18 (EIGHTEEN) YEARS OF AGE OR HAVE AUTHORITY TO ACCEPT THE GENERAL TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR USE THE BETA FAMILY WEBSITE.

I. TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP BETWEEN PRODUCER AND BETA FAMILY

1. Introduction

a) The B Family AB (org. no 556926-5746), a company under the laws of Sweden, (“Beta Family, we or us”), offers a service on-line, which enables, inter alia, producers of web sites and producers of mobile applications for smartphones, tablet computers or other mobile devices (“Applications”) to have their Applications tested by persons who have registered for use of the said service (“Testers”).

b) These Terms and Conditions, together with any information on the Beta Family Website (“this Agreement”), govern your use of the testing service as well as your legal relationship with Beta Family. You enter into this agreement in your capacity as a creator, developer or producer of Applications or in your capacity as holder of rights to Applications. You are hereinafter referred to as “Producer or you”.

c) Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Testing Service.

2. The Service

a) Beta Family shall, in accordance with the terms and conditions set out in this Agreement, make the Service available to Producers and Testers in the Territory. Producer is hereby granted a non-exclusive, non-transferable, and non-assignable license to use the Service, subject to the provisions of this agreement.

b) “The Service” shall mean the on-line testing service, provided by Beta Family, which enables Producers to have their Applications tested by Testers.

c) “The Territory” shall mean all countries of the world.

d) The services performed by Testers hereunder are hereinafter referred to as “the Testing Services”.

e) When using the Service, Producer may, as regards each testing service project, decide upon the length of the testing project cycle (a testing project cycle can, however, not be shorter than 3 days or longer than 21 days) as well as the fee to be paid in consideration of the Testing Services (“the Testing Fee”). All Testers are selected by Beta Family. Beta Family does not guarantee the participation of a minimum number of Testers or a particular individual Tester.

f) Beta Family makes no representations or warranties, unless expressly provided, as to the quality of the Testing Services provided by the Testers. No guarantee is given that any or all Test Artifacts (such as bugs, test cases, test data, test scripts and other test artifacts implemented) in connection with an Application will be found, diagnosed, or resolved as a result of engaging Testers through the Service.

3. Delivery and taking over

a) The Testers shall deliver the results of the tests to Beta Family before the expiry of the testing project cycle stipulated in the project description. Thereafter, within an additional 24 hours, Beta Family shall make the Test Artifacts available to Producer on-line, whereby such Test Artifacts shall be deemed delivered to Producer.

b) If the results of the Testing Services performed are in conformity with the testing model stipulated in the project description, Beta Family and the Testers shall be deemed to have fulfilled their obligations as regards the Testing Services. If there are deviations or shortcomings in relation to the testing model, the Testers shall be given the opportunity to remedy them. Producer shall notify Beta Family thereof within 10 days following its delivery of the Test Artifacts to Producer. Failing to do so, Beta Family and the Testers shall be deemed to have fulfilled their obligations as regards the applicable Testing Services, regardless of the deviations or shortcomings.

c) Should Producer notify Beta Family timely of possible deviations or shortcomings, Beta Family shall remedy, or procure the remedy of, such deviations or shortcomings within 10 days after receipt of notice from Producer. When remedied, Beta Family and the Testers shall be deemed to have fulfilled their obligations as regards the applicable Testing Services. If the deviations or shortcomings are not remedied within 10 days, Beta Family and the Testers shall not be deemed to have fulfilled their obligations as regards the individual tests which are incorrect. In such case, Producer shall have no obligation to pay the Testing Fee and the Service Fee (see below) as regards the tests, which are incorrect. As regards the legal relationship between Beta Family and Producer, the non-payment of the Service Fee shall, however, be the only remedy in the case of such deviations or shortcomings.

d) As soon as Beta Family and the Testers are deemed to have fulfilled their obligations as regards the applicable Testing Services, take over shall occur. Producer shall not be entitled to use the results of the Testing Services until taking over has occurred.

e) Producer shall be entitled to terminate any Testing Service project hereunder prematurely, and this regardless of cause. In the case of such premature termination, take over shall not occur. Unless a Testing Service project is terminated since the Tester is deemed to be in delay hereunder, or in breach of contract, Tester shall, however, pay the Testing Fee pursuant to 4 a) below regardless of termination.

4. Registering

a) When Producer registers at the Beta Family Website, Producer will be asked to create a password. Producer must keep this password confidential and must not disclose it or share it with anyone. Producer will be responsible for all activities and orders that occur or are submitted under its password. If Producer knows or suspects that someone else knows its password, Producer should notify Beta Family immediately.

b) If Beta Family has reason to believe that there is likely to be a breach of security or misuse of the Beta Family Website, Beta Family may require Producer to change your password or Beta Family may suspend its account and, in its own discretion, terminate its access to the Service immediately and without notice to Producer.

5. Legal relationship

a) Beta Family functions as an intermediary connecting Producer with Testers to provide the Testing Services. Producer engages the Testers (in its own name and on its own behalf) as regards the services performed by the Testers in connection with the Testing Services, whereby each test shall be governed by the following general terms and conditions (“TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP BETWEEN PRODUCER AND TESTER”). For the avoidance of doubt; the contracting parties as regards the Testing Services are Producer and the Testers.

b) Beta Family and Producer shall remain independent of each other. Neither Beta Family, nor Producer, shall have any authority whatsoever to enter into agreements or otherwise accept any obligations on behalf of the other party unless otherwise specifically agreed in writing in each individual case. Nothing contained in this Agreement shall constitute or be deemed to constitute an agency, employment, company or joint venture of any kind between the parties.

c) Except for communications with the Testers regarding the Testing Services, Producer is prohibited from making direct contact or engaging in any transaction, including commercial transactions, with the Testers, whether through the Service and/or the Beta Family Website or otherwise. Producer agrees not to post its e-mail address, phone number, or any other method of contact outside of the Beta Family Website or give any of the foregoing information to the Testers.

6. The Service Fee

a) In consideration of its use of the Service hereunder, Producer shall pay to Beta Family a service fee (“Service Fee”). The Service Fee shall be 10% of the Gross Testing Fee.

b) “The Gross Testing Fee” shall mean the Testing Fee, including mervärdesksatt, VAT, other sales taxes or any other taxes which may be part of the Testing Fee.

c) Producer agrees to pay the Service Fee for each individual Testing Service projects performed hereunder and for which Beta Family is deemed to have fulfilled its obligations pursuant to 3 b) and 3 c) above. Producer also agrees to pay the Service Fee for individual Testing Services projects which have been terminated prematurely pursuant to 3 e) above and for which Beta Family is deemed to have fulfilled its obligations pursuant to 3 b) and 3 c) above.

d) For the avoidance of doubt, unless an individual Testing Service project has been terminated prematurely pursuant to 3 e) above, Producer shall not be liable to pay the Service Fee in the case of individual tests which are not performed by a Tester (although agreed upon between Producer and the Tester) or in the case of individual tests for which Test Artifacts are not delivered, or timely delivered, by a Tester. Moreover, for the avoidance of doubt, Producer shall have no obligation to pay the Service Fee for incorrect tests which have not been remedied pursuant to 3 c) above.

e) Producer shall pay the Service Fee when paying the Gross Testing Fee, whereby payment shall be made to the escrow account, held by Beta Family on behalf of the Testers (“Escrow Account”). Beta Family shall be entitled to withdraw the Service Fee from the Escrow Account whenever Beta Family deems appropriate.

7. The Testing Fee

a) Producer shall pay the Testing Fee as regards each individual test performed by a Tester, unless otherwise is stipulated in the “TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP BETWEEN PRODUCER AND TESTER” below.

b) Payment of the Testing Fee, as regards each individual Testing Service project hereunder, shall be made before the commencement of the applicable Testing Service project, i.e. in advance, to the Escrow Account. When making such advance payment (“the Advance Testing Fee”), Producer shall pay the, projected, aggregate of all Testing Fees for the Testing Service project in question. Payment of the Advance Testing Fee shall reach the Escrow Account at the latest on the day of commencement of the Testing Service project.

c) If, after withdrawal of the (aggregate) of the Service Fees pursuant to 6 e) above and after payment of the (aggregate) of the Testing Fees pursuant to 8 a) below, there are still funds left of the Advance Testing Fee, Producer may use such remaining funds as payment, or part payment, for future Testing Service projects. Producer may however, also, if, or when, the balance exceeds USD 50, 00 (fifty), demand repayment of the remaining funds. Producer may also demand repayment of the remaining funds, regardless of whether they exceed USD 50, 00 or not, if this contract is terminated by Producer or Beta Family. Producer shall carry all bank transaction costs associated with repayment of any remaining funds hereunder. In connection therewith, Producer shall also pay a fee to Beta Family for its services in connection with such repayment (“Payment Fee”). The bank transactions costs together with the Payment Fee shall, however, not exceed USD 50, 00 (fifty). Beta Family shall be entitled to withdraw, before repayment of the remaining funds and from the funds available on the Escrow Account, reimbursement for the bank transaction costs as well as payment of the Payment Fee.

d) In the case Producer is liable to pay mervärdeskatt, VAT or any similar sales tax in accordance with any legislation in the Territory, which is applicable in the legal relationship between producer and a Tester; such tax shall be deemed included in the Testing Fee agreed upon between Producer and the Tester.

8. Payment to the Testers

a)Beta Family shall render account of the Testing Fee to the Testers, whereby payment to each Tester entitled to a Testing Fee, shall be made, upon request by Tester, if and when the aggregate of all Testing Fees due to the individual Tester (pursuant to Testing Services performed on behalf of Producer or third party producers) exceeds USD 50, 00 (fifty).

b) Beta Family shall keep all Testing Fees paid into the Escrow Account separated from its own funds according to the provisons of ”lagen (1944: 181) om redovisningsmedel” and may only handle and use these funds in accordance with the provisions of this agreement.

9. Warranties, representations and indemnification as regards taxes

a) Producer shall be fully responsible for and will indemnify Beta Family against:

  1. any liability, assessment or claim made by any competent authority within the Territory against Beta Family in respect of any income tax, national insurance, social security or similar contributions or any other taxation whatsoever, in each case relating to the performance of the Testing Services. Producer will also indemnify Beta Family against all reasonable costs and expenses and any penalty, fine or interest accrued or payable by it in connection with or in consequence of any such liability, assessment or claim;
  2. any liability for any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Testers against Beta Family arising out of or in connection with the performance of the Testing Services.

b) If liable to do so according to any applicable legislation in the Territory, Producer shall be fully responsible for the reporting of the Testing Fee to authorities. Producer will indemnify Beta Family against any liability, assessment or claim made by any competent authority within the Territory against Beta Family in connection therewith.

10. Certain restrictions regarding use of the Service

a) Producer hereby acknowledges that it shall not (without first having obtained the written permission of Beta Family):

  1. advertise or promote any product or services when using the Service and/or the Beta Family Website;
  2. collect any third party content or information, or otherwise access the Service and/or the Beta Family Website, using automated means (such as harvesting bots, robots, spiders, or scrapers);
  3. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  4. attempt to introduce any viruses, trojan horses, spyware, cancel bots or other malicious code into the Service and/or the Beta Family Website;
  5. solicit login information or access an account belonging to someone else;
  6. access, tamper with, or use non-public areas of the Service and/or the Beta Family Website, the computer systems of Beta Family, or the technical delivery systems of its providers;
  7. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  8. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service and/or the Beta Family Website to send altered, deceptive or false source-identifying information;
  9. bully, intimidate, or harass any third party;
  10. use the Service and/or the Beta Family Website to do anything unlawful, misleading, malicious, or discriminatory:
  11. do anything that could disable, overburden, or impair the proper working of the Service.

11. Warranties, representations and indemnification as regards content etc.

a) Producer hereby represents and warrants that

  1. the Content shall not infringe on any copyright, any trade mark right, any design right, any patent right, any right to a person’s name or picture, any privacy right or any other right of any person or entity;
  2. Producer have obtained all relevant consents for any use hereunder of the Content, including all necessary consents according to the Copyright Act, the Swedish Trade Mark Act (Act 1960:644), the Swedish Personal Data Protection Act (Act 1998:204),the Swedish Act on the Use of Names and Pictures in Advertising (Act 1978:800) or any similar legislation within the Territory;
  3. Producers have obtained all relevant consents from the creators of the Content and/or all persons or third parties who holds or owns rights to the Content;
  4. the Content does not violate any law in any country of the world;
  5. the Content does not contain any material which is referred to in chapter 16 § 5 of the Swedish Criminal Act as regards instigation of rebellion, in chapter 16 § 8 of the Criminal Act as regards the persecution of an ethnic group, in chapter 16 § 10 a of the Criminal Act as regards child pornography crimes or chapter 16 kap § 10 b of the Criminal Act as regards unlawful descriptions of violence or any similar legislation within the Territory;
  6. the Content shall not be obscene and defamatory of any person;
  7. the Content is not pornographic or contains nudity;
  8. it shall not commit any act which might prejudice or damage the reputation of Beta Family, any of its affiliates or business partners;
  9. it shall not attempt to introduce any viruses, trojan horses, spyware, cancelbots or other malicious code into the Service.

b) “Content” shall mean the Applications and any software, information, texts, images and videos or any other material, without limitation, which the Applications contain and/or which Producer otherwise make available in the Service.

c) Producer shall indemnify and hold harmless Beta Family or any of its affiliates and business partners (including any directors, members, employees and other representatives) from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising out of any breach or alleged breach by Producer of the above warranties and representations.

d) Beta Family reserves the right to reject, or remove from the Service, any Content which damages or could potentially damage Beta Family. In any such case, Beta Family shall also be entitled to terminate this agreement with immediate effect or suspend Producers access to the Service. If Beta Family should terminate this Agreement, or suspend Producers access to the Service for any of the reasons set out in this sub-clause, Beta Family shall have no liability or responsibility to Producer.

12. Breach of contract by the Producer

a) Producer shall compensate Beta Family for any and all damage suffered by Beta Family, including any losses, arising out of any breach by Producer of a provision of this agreement. Damages shall be payable with or without proof of intent or negligence.

b) In addition to its right to receive damages, Beta Family shall be entitled to terminate this agreement with immediate effect or suspend Producers access to the Service in the case of any breach by Producer of a provision of this agreement. If Beta Family should terminate this Agreement, or suspend Producers access to the Service for any of the reasons set out in this sub-clause, Beta Family shall have no liability or responsibility to Producer.

13. Limitation of liability

a) The Service and the Beta Family website are provided in “AS IS” condition and Beta Family expressly disclaim any and all warranties, whether express or implied, including all warranties of merchantability, fitness for a particular purpose, title, non-infringement and any and all warranties arising from course of dealing and usage of trade, that the Service will meet your requirements, that the Service will always be available, accessible, uninterrupted, timely, secure or operate without error, as to the results that may be obtained from the operation, use or other exploitation of the Service and as to the accuracy or reliability of any information obtained from the Service or the Beta Family Website.

b) Beta Family assumes no liability for indirect or consequential damages, loss of data or other inconvenience caused in any way by the use of the Service or the Beta Family Website, unless such damages has been caused by the intent or gross negligence of Beta Family. In addition to the foregoing and as regards any damages, including direct damages, the obligation of Beta Family to pay damages, in the absence of intent or gross negligence by Beta Family, shall be limited to USD $ 1 000 (one thousand US-dollars).

14. Force Majeure

a) Neither party shall be required to fulfil any of its obligations set out herein if such fulfilment can not be fulfilled due to circumstances outside the control of such party (”Force Majeure”). Should a party be unable to fulfil its obligations due to Force Majeure, such Party shall forthwith notify the other party of this and, if possible, estimate when due fulfilment can be expected.

15. Intellectual property

a) All right, title, and interest in and to the Service will remain the exclusive property of Beta Family. This Agreement shall not give Producer any right to use such materials other as provided for herein, nor shall this Agreement give Producer a right to use Beta Family’s name or any of Beta Family’s trademarks, logos, domain names, and other distinctive brand features.

b) Unless it explicitly notifies Beta Family otherwise in writing, Beta Family may display Producers company name, logo and public description on the Beta Family Website or in other Beta Family marketing materials.

c) By submitting Content to the Service and/or the Beta Family Website (e.g. when creating your account, when posting a profile, when posting a portfolio, when posting the Applications, when posting a testing project or when sending messages through or to the Beta Family Website), Producer hereby grants to Beta Family a worldwide, perpetual, irrevocable, royalty-free license to copy and use such Content in the Service and on the Beta Family Website for the purpose of this agreement.

16. Alteration of Service or amendments to these general terms and conditions

a) Beta Family reserves the right to add new services to the Beta Family Website and to change such services without prior notice to Producer. Should Beta Family wish to stop providing all services, including the Service, permanently, Beta Family shall terminate this Agreement pursuant to sub-clause 18 a) below.

b) Beta Family reserves the right to make amendments to this agreement at any time. Beta Family will notify Producer of its intent to make such amendments by e-mail or the next time Producer accesses its account. If Producer should notify Beta Family that Producer cannot accept such amendments, Beta Family shall be entitled to terminate this Agreement. Otherwise, Producers use of the Service shall be subject to the amended Agreement.

17. Term and termination

a) The Term of this agreement shall enter into force at the date hereof and shall be valid until terminated by any of the parties given the other party notice of termination not less than 30 days in advance. Notwithstanding the foregoing, in the case Beta Family terminates this agreement before the expiry of an on-going testing project cycle; the termination shall not be effective until the obligations of the parties in connection with the on-going testing project cycle have been fulfilled.

18. Miscellaneous

a) Beta Family may transfer its rights and obligations pursuant to this Agreement, in whole or in part, to any third party without your prior written consent.

b) If any provision of this agreement or the application of it shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, the parties shall amend this agreement in order to give effect to, so far as is possible, the intention of this agreement. If the parties fail to amend this agreement, the provision, which is void, invalid or unenforceable, shall be deemed deleted and the remaining provisions of this agreement shall continue in full force and effect.

c) The headings in this agreement are for convenience only and shall not affect the interpretation of any provision of this agreement.

d) In event that any discrepancy or ambiguity exists as between the provisions of this agreement and the information contained on the web pages of the Beta Family Website, the provisions of this agreement shall take precedence.

e) This contract has been executed in digital form and we will store its copy in such form, properly signed.

19. Governing law and disputes

a) This agreement shall be governed by and construed in accordance with the laws of Sweden. Disputes arising out of, or in connection with this agreement shall be settled by the district court of Stockholm, Sweden (“Stockholms Tingsrätt”) as first instance.

II. TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP BETWEEN PRODUCER AND TESTER

1. Introduction

a) The Beta Family, a company under the laws of Sweden (“Beta Family”), offers a service on-line, which enables, inter alia, producers of web sites and producers of mobile applications for smartphones, tablet computers or other mobile devices (“Applications”) to have their Applications tested by persons who have registered for use of the said service. Beta Family acts an intermediary connecting such producer with testers to provide the testing services.

b) You enter into this agreement, either as a producer of Applications or as a tester of Applications. If you enter into the agreement as a producer, you are hereinafter referred to as “Producer”, and, if you enter into the agreement as a tester, you are hereinafter referred to as “Tester”.

c) As regards each Applicaiton testing project which is offered by Producer and accepted by Tester, Producer engages the Testers (in its own name and on its own behalf) to perform the testing services stipulated in the project description (“Testing Services”). Each such testing project shall be governed by these terms and conditions.

2. The Testing Services

a) The Testing Services shall commence when the applicable Application is downloaded by, or otherwise made available to,Tester, using the Service. After performance of the Testing Service, Tester shall deliver the results to Beta Family at the latest 10 days after expiry of the testing project cycle stipulated in the project description. If not delivered before the expiry of the testing project cycel, Tester shall be deemed to be in delay.

b) If the results of the Testing Services performed are in conformity with the testing model stipulated in the project description, Tester shall be deemed to have fulfilled its obligations as regards the Testing Services. If there are deviations or shortcomings in relation to the testing model, Tester shall be given the opportunity to remedy them. In the case Tester should receive such request; Tester shall remedy the deviations or shortcomings within 10 days after receipt of notice from Beta Family. If remedied timely, Tester shall be deemed to have fulfilled its obligations as regards the Testing Services. If not remedied timely, Tester shall be deemed to be in delay.

c) The Testing Services are to be performed by the Tester only. Thus, Tester shall perform the services itself and may not retain sub-consultants for the performance of the Testing Services or otherwise allow others to do so.

d) As soon as Tester is deemed to have fulfilled its obligations as regards the applicable Testing Services, take over shall occur. Producer shall not be entitled to use the results of the Testing Services until taking over has occurred.

e) Should Tester be in delay according to the provisons in 2 a) and b) above, Tester shall compensate Producer for any damage suffered in connection therewith. Such liability shall, however, be limited to the payment of damages in the amount corresponding to the Testing Fee agreed upon.

f) Producer shall be entitled to terminate any Testing Service project prematurely, and this regardless of cause. In the case of such premature termination, take over shall not occur. Unless a Testing Service project is terminated since the Tester is deemed to be in delay, or in breach of contract, Tester shall, however, pay the Testing Fee pursuant to 4 a) below regardless of termination.

3. Legal relationship and equipment

a) Tester shall be an independent contractor and not an employee of Producer. Nothing contained in this agreement shall constitute or be deemed to constitute an agency, employment, company or joint venture of any kind between the parties.

b) Tester shall be responsible for management, planning of details and the performance of the Testing Services.Tester will be responsible for providing and maintaining all computer equipment and Internet connectivity necessary for the performance of the Testing Services. Producer shall not be obligated to provide any training, technical or administrative support or other assistance in connection with Testers duties hereunder.

c) Tester hereby certifies that Tester does not work for and is not affiliated with any competitor of Producer.

4. Testing Fee

a) Provided Tester has fulfilled its obligations as regards the Testing Services, provided taking over has occurred and provided Tester is not in breach of any provision of this agreement, producer shall pay to the Tester the fee stipulated in the project description (“Testing Fee”).

b) Payment of the Testing Fee shall be made to the escrow account, held by Beta Family on behalf of the Testers (“Escrow Account”). Payment of the Testing Fee shall be made at the latest 30 days after taking over has occurred. In the case a Testing Service project has been terminated prematurely by Producer, however, and such termination has not been made since the Tester is deemed to be in delay hereunder or in breach of contract, payment shall be made at the latest 30 days after the date of premature termination. Tester shall not be entitled to make any claims vis-à-vis Producer as regards payments which have been made by Producer to the Escrow Account. All such claims shall be directed vis-à-vis Beta Family.

c) In the case Producer is liable to pay mervärdeskatt, VAT or any similar sales tax in accordance with any legislation in the Territory; such tax shall be deemed included in the Testing Fee agreed upon between Producer and the Tester.

d) Producer shall be entitled to issue invoices on behalf of Tester as regards the Testing Fee (self-billing).

e) Tester acknowledges that it shall not receive any other kind of remuneration than the Testing Fee. Thus, without limiting the generality of the foregoing, Tester shall not be entitled to receive payment based on the time it has spent performing the Testing Services.

5. Taxes

a) Should Tester have a Swedish “F-skattsedel” or should Tester, otherwise, have reason to be believe, that Producer is not be liable to withhold and/or pay income tax, national insurance, social security or similar contributions or any other taxation whatsoever, in connection with the performance of the Testing Services by Tester and/or the payment of the Testing Fee, Tester shall notify Producer thereof by giving such information in Testers account with Beta Family. Tester shall supply Producer with any certificates and/or documentation necessary for the avoidance of any income taxes, national insurances, social security or similar contributions or any other taxation in connection with the Testing Services, whether in the country of Producer or country of Tester.

b) The Testing Fee shall be inclusive of mervärdesskatt, VAT, pay income tax, national insurance, social security or similar contributions or any other taxation whatsoever which Producer is liable to withhold or pay in connection with the performance of the Testing Services by Tester and/or the payment of the Testing Fee. Tester shall be fully responsible for and will indemnify Beta Producer against:

  1. any liability, assessment or claim made by any competent authority within the Territory against Producer in respect of any income tax, national insurance, social security or similar contributions or any other taxation whatsoever, in each case relating to the performance of the Testing Services. Tester will also indemnify Producer against all reasonable costs and expenses and any penalty, fine or interest accrued or payable by it in connection with or in consequence of any such liability, assessment or claim;
  2. any liability for any employment-related claim or any claim based on worker status (including reasonable costs and expenses) arising out of or in connection with the performance of the Testing Services.

6. Use of the Applications and Intellectual Property Rights

a) Tester may only use the Applications for the sole purpose of testing and reporting bugs and other Test Artifacts in connection with the Testing Services. Tester warrants and represents that it shall not, under any circumstances, copy or attempt to copy by any means, reverse engineer or attempt to reverse engineer, take screen shots or video captures of, or otherwise store the Applications (unless this such copies are made in connection with the downloading of the Applications in connection with the Testing Services).Tester agrees not to disclose any Applications to other Testers or any other third-parties whether in person, through any digital media, blogs, news sources, social networks or any other form of communication to the public. What is stipulated in the foregoing shall also apply for any concepts and ideas in connection with the Applications and this regardless of whether such concepts and ideas are legally protected or not.

b) Producer reserves and retains all right, title and interest to the Applications, including all software, images, illustrations, icons, designs, logotypes, names, concepts, ideas and all other material contained therein. All copyright, trademark rights, design rights, patent rights or any other intellectual property rights in connection therewith are owned by Producer and protected by law.

c) After completion of the Testing Services, Tester agrees to immediately delete all copies of the Applicaitons which Tester may have in its possession.

d) Tester shall indemnify and hold harmless Producer or any of its affiliates and business partners (including any directors, members, employees and other representatives) from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising out of any breach or alleged breach by Tester of the above provisions.

e) What is stipulated in 6 a) – d) above, shall survive the termination of this agreement.

7. Secrecy

a) Through its use of the Testing Service, Tester will have access to new and developing Applications and software and information about companies for whom Tester is evaluating Applications and software. Tester hereby acknowledges that it has absolute duty of confidentiality regarding the Applications, including all software, images, illustrations, icons, designs, logotypes, names, concepts, ideas and all other material contained therein, and all other information Tester acquire, learn of, or otherwise have awareness of as a result of its use of the Testing Services.

b) What is stipulated in 7 a) above, shall survive the termination of this agreement.

c) Tester may not work for or be affiliated with any competitor of Producer. Tester hereby verifies and certifies that this is the case.

8. Breach of contract

a) Tester and Producer shall compensate each other for any and all damage suffered, including any losses, arising out of any breach by Tester or Producer of a provision of this agreement. Damages shall be payable with or without proof of intent or negligence.

9. Force Majeure

a) Neither party shall be required to fulfill any of its obligations set out herein if such fulfillment cannot be fulfilled due to circumstances outside the control of such party (”Force Majeure”). Should a party be unable to fulfill its obligations due to Force Majeure, such Party shall forthwith notify the other party of this and, if possible, estimate when due fulfillment can be expected

10. Miscellaneous

a) Neither party may transfer its rights and obligations pursuant to this Agreement, in whole or in part, to any third party without the other party’s prior written consent.

b) If any provision of this agreement or the application of it shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, the parties shall amend this agreement in order to give effect to, so far as is possible, the intention of this agreement. If the parties fail to amend this agreement, the provision, which is void, invalid or unenforceable, shall be deemed deleted and the remaining provisions of this agreement shall continue in full force and effect.

c) The headings in this agreement are for convenience only and shall not affect the interpretation of any provision of this agreement.

d) In event that any discrepancy or ambiguity exists as between the provisions of this agreement and the information contained on the web pages of the Beta Family Website, the provisions of this agreement shall take precedence.

e) This contract has been executed in digital form and we will store its copy in such form, properly signed.

11. Governing law and disputes

a) This agreement shall be governed by and construed in accordance with the laws of Sweden. Disputes arising out of, or in connection with this agreement shall be settled by the district court of Stockholm, Sweden (“Stockholms Tingsrätt”) as first instance.

III. I. TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP
BETWEEN TESTER AND BETA FAMILY

1. Introduction

a) The Beta Family, a company under the laws of Sweden (“Beta Family, we or us”), offers a service on-line, which enables, inter alia, producers (“Producers”) of web sites and producers of mobile applications for smartphones, tablet computers or other mobile devices (“Applications”) to have their Applications tested by persons who have registered for use of the said service.

b) These Terms and Conditions, together with any information on the Beta Family Website (“this Agreement”), govern your use of the testing service as well as your legal relationship with Beta Family. You enter into this agreement in your capacity as a tester of Applications and are hereinafter referred to as “Tester”.

c) Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Testing Service.

2. The Service

a) Beta Family shall, in accordance with the terms and conditions set out in this Agreement, make the Service available to Tester and Producers in the Territory. The Tester is hereby granted a non-exclusive, non-transferable, and non-assignable license to use the Service, subject to the provisions of this agreement.

b) “The Service” shall mean the on-line testing service, provided by Beta Family, which enables Producers to have their Applications tested by Tester and other testers.

c) “The Territory” shall mean all countries of the world.

d) The services performed by Tester hereunder are hereinafter referred to as “the Testing Services”.

e) When using the Service, Producer may choose, as regards each Applicationselected for testing, the total number of Testers. Producer may also, as regards each such testing service project, decide upon the length of the testing project cycle as well as the fee to be paid to Tester in consideration of the Testing Services (“the Testing Fee”).

f) Beta Family does not guarantee that Tester will be assigned to any minimum number of testing projects as regards Applications. Likewise, Tester may, in its sole discretion, elect to accept or decline to participate in any testing project which Tester is offered. Tester will be responsible for determining when and how to perform the Testing Services in order to meet the deadline agreed on for the project.

g) The use of the Service shall be free of charge to Tester.

3. Registering

a) When Tester registers at the Beta Family Website, Tester will be asked to create a password. Tester must keep this password confidential and must not disclose it or share it with anyone. Tester will be responsible for all activities and orders that occur or are submitted under its password. If Tester knows or suspect that someone else knows its password, Tester should notify Beta Family immediately.

b) If Beta Family has reason to believe that there is likely to be a breach of security or misuse of the Beta Family Website, Beta Family may require Tester to change its password or Beta Family may suspend its account and, in its own discretion, terminate its access to the Service immediately and without notice to Tester.

4. Legal relationship

a) Beta Family functions as an intermediary connecting Producer with Testers to provide the Testing Services. Producer engages the Testers (in its own name and on its own behalf) as regards the services performed by the Testers in connection with the Testing Services, whereby each test shall be governed by the following general terms and conditions (“TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP BETWEEN PRODUCER AND TESTER”) (“Producer Agreement”). For the avoidance of doubt; the contracting parties as regards the Testing Services are Producer and the Testers.

b) Beta Family and Tester shall remain independent of each other. Neither Beta Family, nor Tester, shall have any authority whatsoever to enter into agreements or otherwise accept any obligations on behalf of the other party unless otherwise specifically agreed in writing in each individual case. Nothing contained in this Agreement shall constitute or be deemed to constitute an agency, employment, company or joint venture of any kind between the parties.

c) Except for communications with Producer regarding the Testing Services, Tester is prohibited from making direct contact or engaging in any transaction, including commercial transactions, with Producer, whether through the Service and/or the Beta Family Website or otherwise. Tester agrees not to post its e-mail address, phone number, or any other method of contact outside of the Beta Family Website or give any of the foregoing information to Producer.

5. Performance of the Testing Services

a) Tester shall perform the Testing Services in accordance with the provisions of the Producer Agreement.

b) Should Tester not fulfill any of its obligations pursuant to the Producer Agreement, Beta Family may suspend Testers account and, in its own discretion, terminate Testers access to the Service immediately and without notice to Tester.

c) Tester shall indemnify and hold harmless Beta Family or any of its affiliates and business partners (including any directors, members, employees and other representatives) from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising out of any breach or alleged breach by Tester of the Producer Agreement.

6. The Testing Fee

a) Payment of the Testing Fee is made by Producer to the escrow account held by Beta Family on behalf of the Testers (“Escrow Account”).

b) Provided Tester is entitled to the payment of the Testing Fee pursuant to the provisions of the Producer agreement and provided Tester has fulfilled its obligations pursuant to this Agreement, Beta Family shall render account of the Testing Fee to Tester, within 30 days following Producers payment of the Testing Fee to the Escrow Account and Beta Family’s receipt thereof.

c) Payment of the Testing Fee, shall be made, upon request by Tester, if and when the aggregate of all Testing Fees due to Tester exceeds USD 50, 00 (fifty). Payment of the Testing Fee shall also be made, regardless of whether the aggregate of all Testing Fees exceeds USD 50, 00 (fifty) or not, if this contract is terminated by Producer or Beta Family.

d) Tester shall carry all bank transaction costs associated with the payment of the Testing Fee to Tester hereunder. In connection therewith, Tester shall also pay a fee to Beta Family for its services in connection with such payment (“the Payment Fee”). The bank transactions costs together with the Payment Fee shall, however, not exceed USD 50, 00 (fifty). Beta Family shall be entitled to withdraw, before payment of Testing Fee and from the funds available on the Escrow Account, reimbursement for the bank transaction costs as well as payment of the Payment Fee.

e) Beta Family shall not be liable to pay the Testing Fee to Tester unless payment of the Testing Fee has been made by Producer to the Escrow Account. Beta Family assumes no liability whatsoever for the non-payment of Testing Fees by Producer.

f) Beta Family shall keep all Testing Fees paid into the Escrow Account separated from its own funds according to the provisions of “Lagen (1944:181) om redovisningsmedel” and may only handle and use these funds in accordance with the provisions of this agreement.

g) Tester acknowledges that it shall not receive any other kind of remuneration than the Testing Fee. Thus, without limiting the generality of the foregoing, Tester shall not be entitled to receive payment based on the time it has spent performing the Testing Services.

7. Disclosure of information etc.

a) Tester warrants and represents that it shall not, under any circumstances, copy or attempt to copy by any means, reverse engineer or attempt to reverse engineer, take screen shots or video captures of, or otherwise store any Applications or any other materials contained in the Service or on the Beta Family website. Tester agrees not to disclose any such Applications or materials to other Testers or any third-parties whether in person, through any digital media, blogs, news sources, social networks or any other form of communication. Tester agrees not to duplicate, use, or distribute the Applications being tested to anyone else. Applications are provided for the sole purpose of testing and reporting bugs and other Test Artifacts through the Service and any other use is strictly prohibited. Tester shall indemnify and hold harmless Beta Family or any of its affiliates and business partners (including any directors, members, employees and other representatives) from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising from or relating to your release of information in violation of the foregoing, or otherwise, breach, or alleged, breach of the foregoing.

8. Warranties, representations and indemnification as regards taxes

a) Tester shall be fully responsible for and will indemnify Beta Family against any liability, assessment or claim made by any competent authority within the Territory against Beta Family in respect of any income tax, national insurance, social security or similar contributions or any other taxation whatsoever, in each case relating to the performance by Tester of the Testing Services. Tester will also indemnify Beta Family against all reasonable costs and expenses and any penalty, fine or interest accrued or payable by it in connection with or in consequence of any such liability, assessment or claim.

b) Tester shall not bring any employment-related claim or any claim based on worker status (including reasonable costs and expenses) against Beta Family arising out of or in connection with the performance of the Testing Services.

c) If liable to do so according to any applicable legislation in the Territory, Tester shall be fully responsible for the reporting of the Testing Fee to authorities. Tester will indemnify Beta Family against any liability, assessment or claim made by any competent authority within the Territory against Beta Family in connection therewith.

9. Certain restrictions regarding use of the Service

a) Tester hereby acknowledges that it shall not (without first having obtained the written permission of Beta Family):

  1. advertise or promote any product or services when using the Service and/or the Beta Family Website;
  2. collect any third party content or information, or otherwise access the Service and/or the Beta Family Website, using automated means (such as harvesting bots, robots, spiders, or scrapers);
  3. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  4. attempt to introduce any viruses, trojan horses, spyware, cancel bots or other malicious code into the Service and/or the Beta Family Website;
  5. solicit login information or access an account belonging to someone else;
  6. access, tamper with, or use non-public areas of the Service and/or the Beta Family Website, the computer systems of Beta Family, or the technical delivery systems of its providers;
  7. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  8. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service and/or the Beta Family Website to send altered, deceptive or false source-identifying information;
  9. bully, intimidate, or harass any third party;
  10. use the Service and/or the Beta Family Website to do anything unlawful, misleading, malicious, or discriminatory:
  11. do anything that could disable, overburden, or impair the proper working of the Service.

10. Breach of contract by Tester

a) Tester shall compensate Beta Family for any and all damage suffered by Beta Family, including any losses, arising out of any breach by Tester of a provision of this agreement. Damages shall be payable with or without proof of intent or negligence.

b) In addition to its right to receive damages, Beta Family shall be entitled to terminate this agreement with immediate effect or suspend Testers access to the Service in the case of any breach by Testers of a provision of this agreement. If Beta Family should terminate this Agreement, or suspend Testers access to the Service for any of the reasons set out in this sub-clause, Beta Family shall have no liability or responsibility to Tester.

11. Limitation of liability

a) The Service and the Beta Family website are provided in “AS IS” condition and Beta Family expressly disclaim any and all warranties, whether express or implied, including all warranties of merchantability, fitness for a particular purpose, title, non-infringement and any and all warranties arising from course of dealing and usage of trade, that the Service will meet your requirements, that the Service will always be available, accessible, uninterrupted, timely, secure or operate without error, as to the results that may be obtained from the operation, use or other exploitation of the Service and as to the accuracy or reliability of any information obtained from the Service or the Beta Family Website.

b) Beta Family assumes no liability for indirect or consequential damages, loss of data or other inconvenience caused in any way by the use of the Service or the Beta Family Website, unless such damages has been caused by the intent or gross negligence of Beta Family. In addition to the foregoing and as regards any damages, including direct damages, the obligation of Beta Family to pay damages, in the absence of intent or gross negligence by Beta Family, shall be limited to USD $ 1 000 (one thousand US-dollars).

12. Force Majeure

a) Neither party shall be required to fulfil any of its obligations set out herein if such fulfilment can not be fulfilled due to circumstances outside the control of such party (”Force Majeure”). Should a party be unable to fulfil its obligations due to Force Majeure, such Party shall forthwith notify the other party of this and, if possible, estimate when due fulfilment can be expected.

13. Intellectual property

a) All right, title, and interest in and to the Service will remain the exclusive property of Beta Family. This Agreement shall not give Tester any right to use such materials other as provided for herein, nor shall this Agreement give Tester a right to use Beta Family’s name or any of Beta Family’s trademarks, logos, domain names, and other distinctive brand features.

14. Alteration of Service or amendments to these general terms and conditions

a) Beta Family reserves the right to add new services to the Beta Family Website and to change such services without prior notice to Tester. Should Beta Family wish to stop providing all services, including the Service, permanently, Beta Family shall terminate this Agreement pursuant to sub-clause 15 a) below.

b) Beta Family reserves the right to make amendments to this agreement at any time. Beta Family will notify Tester of its intent to make such amendment by e-mail or the next time Tester accesses its account. If Tester should notify Beta Family that Tester cannot accept such amendments, Beta Family shall be entitled to terminate this Agreement. Otherwise, Testers use of the Service shall be subject to the amended Agreement.

15. Term and termination

a) The Term of this agreement shall enter into force at the date hereof and shall be valid until terminated by any of the parties given the other party notice of termination not less than 30 days in advance. Notwithstanding the foregoing, in the case Beta Family terminates this agreement before the expiry of an on-going testing project cycle; the termination shall not be effective until the obligations of the parties in connection with the on-going testing project cycle have been fulfilled.

16. Personal Data

a) Tester hereby gives its consent to Beta Family’s use of all personal data, without limitation, furnished by you to Beta Family. For example, such use shall include the collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, destruction or any other processing of personal data. The personal data given may be used by Beta Family regardless of the purpose of the use, and may thus include sale or marketing purposes. This consent is given for processing by all now and future known technical means. This consent is given freely and also entitles Beta Family to transfer, through sale, lend, license, lease or otherwise, the right of said usage in part or wholly to any third party, regardless of where the recipient is located. Thus, Tester gives its consent to possible transfer of personal data to countries within and outside of the European Union.

17. Miscellaneous

a) Beta Family may transfer its rights and obligations pursuant to this Agreement, in whole or in part, to any third party without your prior written consent.

b) If any provision of this agreement or the application of it shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, the parties shall amend this agreement in order to give effect to, so far as is possible, the intention of this agreement. If the parties fail to amend this agreement, the provision, which is void, invalid or unenforceable, shall be deemed deleted and the remaining provisions of this agreement shall continue in full force and effect.

c) The headings in this agreement are for convenience only and shall not affect the interpretation of any provision of this agreement.

d) In event that any discrepancy or ambiguity exists as between the provisions of this agreement and the information contained on the web pages of the Beta Family Website, the provisions of this agreement shall take precedence.

e) This contract has been executed in digital form and we will store its copy in such form, properly signed.

18. Governing law and disputes

a) This agreement shall be governed by and construed in accordance with the laws of Sweden. Disputes arising out of, or in connection with this agreement shall be settled by the district court of Stockholm, Sweden (“Stockholms Tingsrätt”) as first instance.

IN ORDER TO BE ABLE TO ACCEPT THE GENERAL TERMS AND CONDITIONS BELOW, YOU MUST BE AT LEAST 18 (EIGHTEEN) YEARS OF AGE. IF YOU ACCEPT THE GENERAL TEMS AND CONDITIONS BELOW ON BEHALF OF A COMPANY; YOU MUST HAVE AUTHORITIY TO DO SO. IF YOU ARE NOT AT LEAST 18 (EIGHTEEN) YEARS OF AGE OR HAVE AUTHORITY TO ACCEPT THE GENERAL TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR USE THE BETA FAMILY WEBSITE.

I. TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP BETWEEN PRODUCER AND BETA FAMILY

1. Introduction

a) The Beta Family, a company under the laws of Sweden, (“Beta Family, we or us”), offers a service on-line, which enables, inter alia, producers of web sites and producers of mobile applications for smartphones, tablet computers or other mobile devices (“Applications”) to have their Applications tested by persons who have registered for use of the said service (“Testers”).

b) These Terms and Conditions, together with any information on the Beta Family Website (“this Agreement”), govern your use of the testing service as well as your legal relationship with Beta Family. You enter into this agreement in your capacity as a creator, developer or producer of Applications or in your capacity as holder of rights to Applications. You are hereinafter referred to as “Producer or you”.

c) Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Testing Service.

2. The Service

a) Beta Family shall, in accordance with the terms and conditions set out in this Agreement, make the Service available to Producers and Testers in the Territory. Producer is hereby granted a non-exclusive, non-transferable, and non-assignable license to use the Service, subject to the provisions of this agreement.

b) “The Service” shall mean the on-line testing service, provided by Beta Family, which enables Producers to have their Applications tested by Testers.

c) “The Territory” shall mean all countries of the world.

d) The services performed by Testers hereunder are hereinafter referred to as “the Testing Services”.

e) When using the Service, Producer may, as regards each testing service project, decide upon the length of the testing project cycle (a testing project cycle can, however, not be shorter than 3 days or longer than 21 days) as well as the fee to be paid in consideration of the Testing Services (“the Testing Fee”). All Testers are selected by Beta Family. Beta Family does not guarantee the participation of a minimum number of Testers or a particular individual Tester.

f) Beta Family makes no representations or warranties, unless expressly provided, as to the quality of the Testing Services provided by the Testers. No guarantee is given that any or all Test Artifacts (such as bugs, test cases, test data, test scripts and other test artifacts implemented) in connection with an Application will be found, diagnosed, or resolved as a result of engaging Testers through the Service.

3. Delivery and taking over

a) The Testers shall deliver the results of the tests to Beta Family before the expiry of the testing project cycle stipulated in the project description. Thereafter, within an additional 24 hours, Beta Family shall make the Test Artifacts available to Producer on-line, whereby such Test Artifacts shall be deemed delivered to Producer.

b) If the results of the Testing Services performed are in conformity with the testing model stipulated in the project description, Beta Family and the Testers shall be deemed to have fulfilled their obligations as regards the Testing Services. If there are deviations or shortcomings in relation to the testing model, the Testers shall be given the opportunity to remedy them. Producer shall notify Beta Family thereof within 10 days following its delivery of the Test Artifacts to Producer. Failing to do so, Beta Family and the Testers shall be deemed to have fulfilled their obligations as regards the applicable Testing Services, regardless of the deviations or shortcomings.

c) Should Producer notify Beta Family timely of possible deviations or shortcomings, Beta Family shall remedy, or procure the remedy of, such deviations or shortcomings within 10 days after receipt of notice from Producer. When remedied, Beta Family and the Testers shall be deemed to have fulfilled their obligations as regards the applicable Testing Services. If the deviations or shortcomings are not remedied within 10 days, Beta Family and the Testers shall not be deemed to have fulfilled their obligations as regards the individual tests which are incorrect. In such case, Producer shall have no obligation to pay the Testing Fee and the Service Fee (see below) as regards the tests, which are incorrect. As regards the legal relationship between Beta Family and Producer, the non-payment of the Service Fee shall, however, be the only remedy in the case of such deviations or shortcomings.

d) As soon as Beta Family and the Testers are deemed to have fulfilled their obligations as regards the applicable Testing Services, take over shall occur. Producer shall not be entitled to use the results of the Testing Services until taking over has occurred.

e) Producer shall be entitled to terminate any Testing Service project hereunder prematurely, and this regardless of cause. In the case of such premature termination, take over shall not occur. Unless a Testing Service project is terminated since the Tester is deemed to be in delay hereunder, or in breach of contract, Tester shall, however, pay the Testing Fee pursuant to 4 a) below regardless of termination.

4. Registering

a) When Producer registers at the Beta Family Website, Producer will be asked to create a password. Producer must keep this password confidential and must not disclose it or share it with anyone. Producer will be responsible for all activities and orders that occur or are submitted under its password. If Producer knows or suspects that someone else knows its password, Producer should notify Beta Family immediately.

b) If Beta Family has reason to believe that there is likely to be a breach of security or misuse of the Beta Family Website, Beta Family may require Producer to change your password or Beta Family may suspend its account and, in its own discretion, terminate its access to the Service immediately and without notice to Producer.

5. Legal relationship

a) Beta Family functions as an intermediary connecting Producer with Testers to provide the Testing Services. Producer engages the Testers (in its own name and on its own behalf) as regards the services performed by the Testers in connection with the Testing Services, whereby each test shall be governed by the following general terms and conditions (“TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP BETWEEN PRODUCER AND TESTER”). For the avoidance of doubt; the contracting parties as regards the Testing Services are Producer and the Testers.

b) Beta Family and Producer shall remain independent of each other. Neither Beta Family, nor Producer, shall have any authority whatsoever to enter into agreements or otherwise accept any obligations on behalf of the other party unless otherwise specifically agreed in writing in each individual case. Nothing contained in this Agreement shall constitute or be deemed to constitute an agency, employment, company or joint venture of any kind between the parties.

c) Except for communications with the Testers regarding the Testing Services, Producer is prohibited from making direct contact or engaging in any transaction, including commercial transactions, with the Testers, whether through the Service and/or the Beta Family Website or otherwise. Producer agrees not to post its e-mail address, phone number, or any other method of contact outside of the Beta Family Website or give any of the foregoing information to the Testers.

6. The Service Fee

a) In consideration of its use of the Service hereunder, Producer shall pay to Beta Family a service fee (“Service Fee”). The Service Fee shall be 10 % of the Gross Testing Fee.

b) “The Gross Testing Fee” shall mean the Testing Fee, including mervärdesksatt, VAT, other sales taxes or any other taxes which may be part of the Testing Fee.

c) Producer agrees to pay the Service Fee for each individual Testing Service projects performed hereunder and for which Beta Family is deemed to have fulfilled its obligations pursuant to 3 b) and 3 c) above. Producer also agrees to pay the Service Fee for individual Testing Services projects which have been terminated prematurely pursuant to 3 e) above and for which Beta Family is deemed to have fulfilled its obligations pursuant to 3 b) and 3 c) above.

d) For the avoidance of doubt, unless an individual Testing Service project has been terminated prematurely pursuant to 3 e) above, Producer shall not be liable to pay the Service Fee in the case of individual tests which are not performed by a Tester (although agreed upon between Producer and the Tester) or in the case of individual tests for which Test Artifacts are not delivered, or timely delivered, by a Tester. Moreover, for the avoidance of doubt, Producer shall have no obligation to pay the Service Fee for incorrect tests which have not been remedied pursuant to 3 c) above.

e) Producer shall pay the Service Fee when paying the Gross Testing Fee, whereby payment shall be made to the escrow account, held by Beta Family on behalf of the Testers (“Escrow Account”). Beta Family shall be entitled to withdraw the Service Fee from the Escrow Account whenever Beta Family deems appropriate.

7. The Testing Fee

a) Producer shall pay the Testing Fee as regards each individual test performed by a Tester, unless otherwise is stipulated in the “TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP BETWEEN PRODUCER AND TESTER” below.

b) Payment of the Testing Fee, as regards each individual Testing Service project hereunder, shall be made before the commencement of the applicable Testing Service project, i.e. in advance, to the Escrow Account. When making such advance payment (“the Advance Testing Fee”), Producer shall pay the, projected, aggregate of all Testing Fees for the Testing Service project in question. Payment of the Advance Testing Fee shall reach the Escrow Account at the latest on the day of commencement of the Testing Service project.

c) If, after withdrawal of the (aggregate) of the Service Fees pursuant to 6 e) above and after payment of the (aggregate) of the Testing Fees pursuant to 8 a) below, there are still funds left of the Advance Testing Fee, Producer may use such remaining funds as payment, or part payment, for future Testing Service projects. Producer may however, also, if, or when, the balance exceeds USD 50, 00 (fifty), demand repayment of the remaining funds. Producer may also demand repayment of the remaining funds, regardless of whether they exceed USD 50, 00 or not, if this contract is terminated by Producer or Beta Family. Producer shall carry all bank transaction costs associated with repayment of any remaining funds hereunder. In connection therewith, Producer shall also pay a fee to Beta Family for its services in connection with such repayment (“Payment Fee”). The bank transactions costs together with the Payment Fee shall, however, not exceed USD 50, 00 (fifty). Beta Family shall be entitled to withdraw, before repayment of the remaining funds and from the funds available on the Escrow Account, reimbursement for the bank transaction costs as well as payment of the Payment Fee.

c) In the case Producer is liable to pay mervärdeskatt, VAT or any similar sales tax in accordance with any legislation in the Territory, which is applicable in the legal relationship between producer and a Tester; such tax shall be deemed included in the Testing Fee agreed upon between Producer and the Tester.

8. Payment to the Testers

a) Beta Family shall render account of the Testing Fee to the Testers, whereby payment to each Tester entitled to a Testing Fee, shall be made, upon request by Tester, if and when the aggregate of all Testing Fees due to the individual Tester (pursuant to Testing Services performed on behalf of Producer or third party producers) exceeds USD 50, 00 (fifty).

b) Beta Family shall keep all Testing Fees paid into the Escrow Account separated from its own funds according to the provisons of ”lagen (1944: 181) om redovisningsmedel” and may only handle and use these funds in accordance with the provisions of this agreement.

9. Warranties, representations and indemnification as regards taxes

a) Producer shall be fully responsible for and will indemnify Beta Family against:

  1. any liability, assessment or claim made by any competent authority within the Territory against Beta Family in respect of any income tax, national insurance, social security or similar contributions or any other taxation whatsoever, in each case relating to the performance of the Testing Services. Producer will also indemnify Beta Family against all reasonable costs and expenses and any penalty, fine or interest accrued or payable by it in connection with or in consequence of any such liability, assessment or claim;
  2. any liability for any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Testers against Beta Family arising out of or in connection with the performance of the Testing Services.

b) If liable to do so according to any applicable legislation in the Territory, Producer shall be fully responsible for the reporting of the Testing Fee to authorities. Producer will indemnify Beta Family against any liability, assessment or claim made by any competent authority within the Territory against Beta Family in connection therewith.

10. Certain restrictions regarding use of the Service

a) Producer hereby acknowledges that it shall not (without first having obtained the written permission of Beta Family):

  1. advertise or promote any product or services when using the Service and/or the Beta Family Website;
  2. collect any third party content or information, or otherwise access the Service and/or the Beta Family Website, using automated means (such as harvesting bots, robots, spiders, or scrapers);
  3. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  4. attempt to introduce any viruses, trojan horses, spyware, cancel bots or other malicious code into the Service and/or the Beta Family Website;
  5. solicit login information or access an account belonging to someone else;
  6. access, tamper with, or use non-public areas of the Service and/or the Beta Family Website, the computer systems of Beta Family, or the technical delivery systems of its providers;
  7. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  8. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service and/or the Beta Family Website to send altered, deceptive or false source-identifying information;
  9. bully, intimidate, or harass any third party;
  10. use the Service and/or the Beta Family Website to do anything unlawful, misleading, malicious, or discriminatory:
  11. do anything that could disable, overburden, or impair the proper working of the Service.

11. Warranties, representations and indemnification as regards content etc.

a) Producer hereby represents and warrants that

  1. the Content shall not infringe on any copyright, any trade mark right, any design right, any patent right, any right to a person’s name or picture, any privacy right or any other right of any person or entity;
  2. Producer have obtained all relevant consents for any use hereunder of the Content, including all necessary consents according to the Copyright Act, the Swedish Trade Mark Act (Act 1960:644), the Swedish Personal Data Protection Act (Act 1998:204),the Swedish Act on the Use of Names and Pictures in Advertising (Act 1978:800) or any similar legislation within the Territory;
  3. Producers have obtained all relevant consents from the creators of the Content and/or all persons or third parties who holds or owns rights to the Content;
  4. the Content does not violate any law in any country of the world;
  5. the Content does not contain any material which is referred to in chapter 16 § 5 of the Swedish Criminal Act as regards instigation of rebellion, in chapter 16 § 8 of the Criminal Act as regards the persecution of an ethnic group, in chapter 16 § 10 a of the Criminal Act as regards child pornography crimes or chapter 16 kap § 10 b of the Criminal Act as regards unlawful descriptions of violence or any similar legislation within the Territory;
  6. the Content shall not be obscene and defamatory of any person;
  7. the Content is not pornographic or contains nudity;
  8. it shall not commit any act which might prejudice or damage the reputation of Beta Family, any of its affiliates or business partners;
  9. it shall not attempt to introduce any viruses, trojan horses, spyware, cancelbots or other malicious code into the Service.

b) “Content” shall mean the Applications and any software, information, texts, images and videos or any other material, without limitation, which the Applications contain and/or which Producer otherwise make available in the Service.

c) Producer shall indemnify and hold harmless Beta Family or any of its affiliates and business partners (including any directors, members, employees and other representatives) from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising out of any breach or alleged breach by Producer of the above warranties and representations.

d) Beta Family reserves the right to reject, or remove from the Service, any Content which damages or could potentially damage Beta Family. In any such case, Beta Family shall also be entitled to terminate this agreement with immediate effect or suspend Producers access to the Service. If Beta Family should terminate this Agreement, or suspend Producers access to the Service for any of the reasons set out in this sub-clause, Beta Family shall have no liability or responsibility to Producer.

12. Breach of contract by the Producer

a) Producer shall compensate Beta Family for any and all damage suffered by Beta Family, including any losses, arising out of any breach by Producer of a provision of this agreement. Damages shall be payable with or without proof of intent or negligence.

b) In addition to its right to receive damages, Beta Family shall be entitled to terminate this agreement with immediate effect or suspend Producers access to the Service in the case of any breach by Producer of a provision of this agreement. If Beta Family should terminate this Agreement, or suspend Producers access to the Service for any of the reasons set out in this sub-clause, Beta Family shall have no liability or responsibility to Producer.

13. Limitation of liability

a) The Service and the Beta Family website are provided in “AS IS” condition and Beta Family expressly disclaim any and all warranties, whether express or implied, including all warranties of merchantability, fitness for a particular purpose, title, non-infringement and any and all warranties arising from course of dealing and usage of trade, that the Service will meet your requirements, that the Service will always be available, accessible, uninterrupted, timely, secure or operate without error, as to the results that may be obtained from the operation, use or other exploitation of the Service and as to the accuracy or reliability of any information obtained from the Service or the Beta Family Website.

b) Beta Family assumes no liability for indirect or consequential damages, loss of data or other inconvenience caused in any way by the use of the Service or the Beta Family Website, unless such damages has been caused by the intent or gross negligence of Beta Family. In addition to the foregoing and as regards any damages, including direct damages, the obligation of Beta Family to pay damages, in the absence of intent or gross negligence by Beta Family, shall be limited to USD $ 1 000 (one thousand US-dollars).

14. Force Majeure

a) Neither party shall be required to fulfil any of its obligations set out herein if such fulfilment can not be fulfilled due to circumstances outside the control of such party (”Force Majeure”). Should a party be unable to fulfil its obligations due to Force Majeure, such Party shall forthwith notify the other party of this and, if possible, estimate when due fulfilment can be expected.

15. Intellectual property

a) All right, title, and interest in and to the Service will remain the exclusive property of Beta Family. This Agreement shall not give Producer any right to use such materials other as provided for herein, nor shall this Agreement give Producer a right to use Beta Family’s name or any of Beta Family’s trademarks, logos, domain names, and other distinctive brand features.

b) Unless it explicitly notifies Beta Family otherwise in writing, Beta Family may display Producers company name, logo and public description on the Beta Family Website or in other Beta Family marketing materials.

c) By submitting Content to the Service and/or the Beta Family Website (e.g. when creating your account, when posting a profile, when posting a portfolio, when posting the Applications, when posting a testing project or when sending messages through or to the Beta Family Website), Producer hereby grants to Beta Family a worldwide, perpetual, irrevocable, royalty-free license to copy and use such Content in the Service and on the Beta Family Website for the purpose of this agreement.

16. Alteration of Service or amendments to these general terms and conditions

a) Beta Family reserves the right to add new services to the Beta Family Website and to change such services without prior notice to Producer. Should Beta Family wish to stop providing all services, including the Service, permanently, Beta Family shall terminate this Agreement pursuant to sub-clause 18 a) below.

b) Beta Family reserves the right to make amendments to this agreement at any time. Beta Family will notify Producer of its intent to make such amendments by e-mail or the next time Producer accesses its account. If Producer should notify Beta Family that Producer cannot accept such amendments, Beta Family shall be entitled to terminate this Agreement. Otherwise, Producers use of the Service shall be subject to the amended Agreement.

16. Alteration of Service or amendments to these general terms and conditions

a) Beta Family reserves the right to add new services to the Beta Family Website and to change such services without prior notice to Producer. Should Beta Family wish to stop providing all services, including the Service, permanently, Beta Family shall terminate this Agreement pursuant to sub-clause 18 a) below.

b) Beta Family reserves the right to make amendments to this agreement at any time. Beta Family will notify Producer of its intent to make such amendments by e-mail or the next time Producer accesses its account. If Producer should notify Beta Family that Producer cannot accept such amendments, Beta Family shall be entitled to terminate this Agreement. Otherwise, Producers use of the Service shall be subject to the amended Agreement.

17. Term and termination

a) The Term of this agreement shall enter into force at the date hereof and shall be valid until terminated by any of the parties given the other party notice of termination not less than 30 days in advance. Notwithstanding the foregoing, in the case Beta Family terminates this agreement before the expiry of an on-going testing project cycle; the termination shall not be effective until the obligations of the parties in connection with the on-going testing project cycle have been fulfilled.

18. Miscellaneous

a) Beta Family may transfer its rights and obligations pursuant to this Agreement, in whole or in part, to any third party without your prior written consent.

b) If any provision of this agreement or the application of it shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, the parties shall amend this agreement in order to give effect to, so far as is possible, the intention of this agreement. If the parties fail to amend this agreement, the provision, which is void, invalid or unenforceable, shall be deemed deleted and the remaining provisions of this agreement shall continue in full force and effect.

c) The headings in this agreement are for convenience only and shall not affect the interpretation of any provision of this agreement.

d) In event that any discrepancy or ambiguity exists as between the provisions of this agreement and the information contained on the web pages of the Beta Family Website, the provisions of this agreement shall take precedence.

e) This contract has been executed in digital form and we will store its copy in such form, properly signed.

19. Governing law and disputes

a) This agreement shall be governed by and construed in accordance with the laws of Sweden. Disputes arising out of, or in connection with this agreement shall be settled by the district court of Stockholm, Sweden (“Stockholms Tingsrätt”) as first instance.

II. TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP BETWEEN PRODUCER AND TESTER

1. Introduction

a) The Beta Family, a company under the laws of Sweden (“Beta Family”), offers a service on-line, which enables, inter alia, producers of web sites and producers of mobile applications for smartphones, tablet computers or other mobile devices (“Applications”) to have their Applications tested by persons who have registered for use of the said service. Beta Family acts an intermediary connecting such producer with testers to provide the testing services.

b) You enter into this agreement, either as a producer of Applications or as a tester of Applications. If you enter into the agreement as a producer, you are hereinafter referred to as “Producer”, and, if you enter into the agreement as a tester, you are hereinafter referred to as “Tester”.

c) As regards each Applicaiton testing project which is offered by Producer and accepted by Tester, Producer engages the Testers (in its own name and on its own behalf) to perform the testing services stipulated in the project description (“Testing Services”). Each such testing project shall be governed by these terms and conditions.

2. The Testing Services

a) The Testing Services shall commence when the applicable Application is downloaded by, or otherwise made available to,Tester, using the Service. After performance of the Testing Service, Tester shall deliver the results to Beta Family at the latest 10 days after expiry of the testing project cycle stipulated in the project description. If not delivered before the expiry of the testing project cycel, Tester shall be deemed to be in delay.

b) If the results of the Testing Services performed are in conformity with the testing model stipulated in the project description, Tester shall be deemed to have fulfilled its obligations as regards the Testing Services. If there are deviations or shortcomings in relation to the testing model, Tester shall be given the opportunity to remedy them. In the case Tester should receive such request; Tester shall remedy the deviations or shortcomings within 10 days after receipt of notice from Beta Family. If remedied timely, Tester shall be deemed to have fulfilled its obligations as regards the Testing Services. If not remedied timely, Tester shall be deemed to be in delay.

c) The Testing Services are to be performed by the Tester only. Thus, Tester shall perform the services itself and may not retain sub-consultants for the performance of the Testing Services or otherwise allow others to do so.

d) As soon as Tester is deemed to have fulfilled its obligations as regards the applicable Testing Services, take over shall occur. Producer shall not be entitled to use the results of the Testing Services until taking over has occurred.

e) Should Tester be in delay according to the provisons in 2 a) and b) above, Tester shall compensate Producer for any damage suffered in connection therewith. Such liability shall, however, be limited to the payment of damages in the amount corresponding to the Testing Fee agreed upon.

f) Producer shall be entitled to terminate any Testing Service project prematurely, and this regardless of cause. In the case of such premature termination, take over shall not occur. Unless a Testing Service project is terminated since the Tester is deemed to be in delay, or in breach of contract, Tester shall, however, pay the Testing Fee pursuant to 4 a) below regardless of termination.

3. Legal relationship and equipment

a) Tester shall be an independent contractor and not an employee of Producer. Nothing contained in this agreement shall constitute or be deemed to constitute an agency, employment, company or joint venture of any kind between the parties.

b) Tester shall be responsible for management, planning of details and the performance of the Testing Services.Tester will be responsible for providing and maintaining all computer equipment and Internet connectivity necessary for the performance of the Testing Services. Producer shall not be obligated to provide any training, technical or administrative support or other assistance in connection with Testers duties hereunder.

c) Tester hereby certifies that Tester does not work for and is not affiliated with any competitor of Producer.

4. Testing Fee

a) Provided Tester has fulfilled its obligations as regards the Testing Services, provided taking over has occurred and provided Tester is not in breach of any provision of this agreement, producer shall pay to the Tester the fee stipulated in the project description (“Testing Fee”).

b) Payment of the Testing Fee shall be made to the escrow account, held by Beta Family on behalf of the Testers (“Escrow Account”). Payment of the Testing Fee shall be made at the latest 30 days after taking over has occurred. In the case a Testing Service project has been terminated prematurely by Producer, however, and such termination has not been made since the Tester is deemed to be in delay hereunder or in breach of contract, payment shall be made at the latest 30 days after the date of premature termination. Tester shall not be entitled to make any claims vis-à-vis Producer as regards payments which have been made by Producer to the Escrow Account. All such claims shall be directed vis-à-vis Beta Family.

c) In the case Producer is liable to pay mervärdeskatt, VAT or any similar sales tax in accordance with any legislation in the Territory; such tax shall be deemed included in the Testing Fee agreed upon between Producer and the Tester.

d) Producer shall be entitled to issue invoices on behalf of Tester as regards the Testing Fee (self-billing).

e) Tester acknowledges that it shall not receive any other kind of remuneration than the Testing Fee. Thus, without limiting the generality of the foregoing, Tester shall not be entitled to receive payment based on the time it has spent performing the Testing Services.

5. Taxes

a) Should Tester have a Swedish “F-skattsedel” or should Tester, otherwise, have reason to be believe, that Producer is not be liable to withhold and/or pay income tax, national insurance, social security or similar contributions or any other taxation whatsoever, in connection with the performance of the Testing Services by Tester and/or the payment of the Testing Fee, Tester shall notify Producer thereof by giving such information in Testers account with Beta Family. Tester shall supply Producer with any certificates and/or documentation necessary for the avoidance of any income taxes, national insurances, social security or similar contributions or any other taxation in connection with the Testing Services, whether in the country of Producer or country of Tester.

b) The Testing Fee shall be inclusive of mervärdesskatt, VAT, pay income tax, national insurance, social security or similar contributions or any other taxation whatsoever which Producer is liable to withhold or pay in connection with the performance of the Testing Services by Tester and/or the payment of the Testing Fee. Tester shall be fully responsible for and will indemnify Beta Producer against:

  1. any liability, assessment or claim made by any competent authority within the Territory against Producer in respect of any income tax, national insurance, social security or similar contributions or any other taxation whatsoever, in each case relating to the performance of the Testing Services. Tester will also indemnify Producer against all reasonable costs and expenses and any penalty, fine or interest accrued or payable by it in connection with or in consequence of any such liability, assessment or claim;
  2. any liability for any employment-related claim or any claim based on worker status (including reasonable costs and expenses) arising out of or in connection with the performance of the Testing Services.

6. Use of the Applications and Intellectual Property Rights

a) Tester may only use the Applications for the sole purpose of testing and reporting bugs and other Test Artifacts in connection with the Testing Services. Tester warrants and represents that it shall not, under any circumstances, copy or attempt to copy by any means, reverse engineer or attempt to reverse engineer, take screen shots or video captures of, or otherwise store the Applications (unless this such copies are made in connection with the downloading of the Applications in connection with the Testing Services).Tester agrees not to disclose any Applications to other Testers or any other third-parties whether in person, through any digital media, blogs, news sources, social networks or any other form of communication to the public. What is stipulated in the foregoing shall also apply for any concepts and ideas in connection with the Applications and this regardless of whether such concepts and ideas are legally protected or not.

b) Producer reserves and retains all right, title and interest to the Applications, including all software, images, illustrations, icons, designs, logotypes, names, concepts, ideas and all other material contained therein. All copyright, trademark rights, design rights, patent rights or any other intellectual property rights in connection therewith are owned by Producer and protected by law.

c) After completion of the Testing Services, Tester agrees to immediately delete all copies of the Applicaitons which Tester may have in its possession.

d) Tester shall indemnify and hold harmless Producer or any of its affiliates and business partners (including any directors, members, employees and other representatives) from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising out of any breach or alleged breach by Tester of the above provisions.

e) What is stipulated in 6 a) – d) above, shall survive the termination of this agreement.

7. Secrecy

a) Through its use of the Testing Service, Tester will have access to new and developing Applications and software and information about companies for whom Tester is evaluating Applications and software. Tester hereby acknowledges that it has absolute duty of confidentiality regarding the Applications, including all software, images, illustrations, icons, designs, logotypes, names, concepts, ideas and all other material contained therein, and all other information Tester acquire, learn of, or otherwise have awareness of as a result of its use of the Testing Services.

b) What is stipulated in 7 a) above, shall survive the termination of this agreement.

c) Tester may not work for or be affiliated with any competitor of Producer. Tester hereby verifies and certifies that this is the case.

8. Breach of contract

a) Tester and Producer shall compensate each other for any and all damage suffered, including any losses, arising out of any breach by Tester or Producer of a provision of this agreement. Damages shall be payable with or without proof of intent or negligence.

9. Force Majeure

a) Neither party shall be required to fulfill any of its obligations set out herein if such fulfillment cannot be fulfilled due to circumstances outside the control of such party (”Force Majeure”). Should a party be unable to fulfill its obligations due to Force Majeure, such Party shall forthwith notify the other party of this and, if possible, estimate when due fulfillment can be expected

10. Miscellaneous

a) Neither party may transfer its rights and obligations pursuant to this Agreement, in whole or in part, to any third party without the other party’s prior written consent.

b) If any provision of this agreement or the application of it shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, the parties shall amend this agreement in order to give effect to, so far as is possible, the intention of this agreement. If the parties fail to amend this agreement, the provision, which is void, invalid or unenforceable, shall be deemed deleted and the remaining provisions of this agreement shall continue in full force and effect.

c) The headings in this agreement are for convenience only and shall not affect the interpretation of any provision of this agreement.

d) In event that any discrepancy or ambiguity exists as between the provisions of this agreement and the information contained on the web pages of the Beta Family Website, the provisions of this agreement shall take precedence.

e) This contract has been executed in digital form and we will store its copy in such form, properly signed.

11. Governing law and disputes

a) This agreement shall be governed by and construed in accordance with the laws of Sweden. Disputes arising out of, or in connection with this agreement shall be settled by the district court of Stockholm, Sweden (“Stockholms Tingsrätt”) as first instance.

III. I. TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP
BETWEEN TESTER AND BETA FAMILY

1. Introduction

a) The Beta Family, a company under the laws of Sweden (“Beta Family, we or us”), offers a service on-line, which enables, inter alia, producers (“Producers”) of web sites and producers of mobile applications for smartphones, tablet computers or other mobile devices (“Applications”) to have their Applications tested by persons who have registered for use of the said service.

b) These Terms and Conditions, together with any information on the Beta Family Website (“this Agreement”), govern your use of the testing service as well as your legal relationship with Beta Family. You enter into this agreement in your capacity as a tester of Applications and are hereinafter referred to as “Tester”.

c) Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Testing Service.

2. The Service

a) Beta Family shall, in accordance with the terms and conditions set out in this Agreement, make the Service available to Tester and Producers in the Territory. The Tester is hereby granted a non-exclusive, non-transferable, and non-assignable license to use the Service, subject to the provisions of this agreement.

b) “The Service” shall mean the on-line testing service, provided by Beta Family, which enables Producers to have their Applications tested by Tester and other testers.

c) “The Territory” shall mean all countries of the world.

d) The services performed by Tester hereunder are hereinafter referred to as “the Testing Services”.

e) When using the Service, Producer may choose, as regards each Applicationselected for testing, the total number of Testers. Producer may also, as regards each such testing service project, decide upon the length of the testing project cycle as well as the fee to be paid to Tester in consideration of the Testing Services (“the Testing Fee”).

f) Beta Family does not guarantee that Tester will be assigned to any minimum number of testing projects as regards Applications. Likewise, Tester may, in its sole discretion, elect to accept or decline to participate in any testing project which Tester is offered. Tester will be responsible for determining when and how to perform the Testing Services in order to meet the deadline agreed on for the project.

g) The use of the Service shall be free of charge to Tester.

3. Registering

a) When Tester registers at the Beta Family Website, Tester will be asked to create a password. Tester must keep this password confidential and must not disclose it or share it with anyone. Tester will be responsible for all activities and orders that occur or are submitted under its password. If Tester knows or suspect that someone else knows its password, Tester should notify Beta Family immediately.

b) If Beta Family has reason to believe that there is likely to be a breach of security or misuse of the Beta Family Website, Beta Family may require Tester to change its password or Beta Family may suspend its account and, in its own discretion, terminate its access to the Service immediately and without notice to Tester.

4. Legal relationship

a) Beta Family functions as an intermediary connecting Producer with Testers to provide the Testing Services. Producer engages the Testers (in its own name and on its own behalf) as regards the services performed by the Testers in connection with the Testing Services, whereby each test shall be governed by the following general terms and conditions (“TERMS AND CONDITIONS AS REGARDS THE LEGAL RELATIONSHIP BETWEEN PRODUCER AND TESTER”) (“Producer Agreement”). For the avoidance of doubt; the contracting parties as regards the Testing Services are Producer and the Testers.

b) Beta Family and Tester shall remain independent of each other. Neither Beta Family, nor Tester, shall have any authority whatsoever to enter into agreements or otherwise accept any obligations on behalf of the other party unless otherwise specifically agreed in writing in each individual case. Nothing contained in this Agreement shall constitute or be deemed to constitute an agency, employment, company or joint venture of any kind between the parties.

c) Except for communications with Producer regarding the Testing Services, Tester is prohibited from making direct contact or engaging in any transaction, including commercial transactions, with Producer, whether through the Service and/or the Beta Family Website or otherwise. Tester agrees not to post its e-mail address, phone number, or any other method of contact outside of the Beta Family Website or give any of the foregoing information to Producer.

5. Performance of the Testing Services

a) Tester shall perform the Testing Services in accordance with the provisions of the Producer Agreement.

b) Should Tester not fulfill any of its obligations pursuant to the Producer Agreement, Beta Family may suspend Testers account and, in its own discretion, terminate Testers access to the Service immediately and without notice to Tester.

c) Tester shall indemnify and hold harmless Beta Family or any of its affiliates and business partners (including any directors, members, employees and other representatives) from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising out of any breach or alleged breach by Tester of the Producer Agreement.

6. The Testing Fee

a) Payment of the Testing Fee is made by Producer to the escrow account held by Beta Family on behalf of the Testers (“Escrow Account”).

b) Provided Tester is entitled to the payment of the Testing Fee pursuant to the provisions of the Producer agreement and provided Tester has fulfilled its obligations pursuant to this Agreement, Beta Family shall render account of the Testing Fee to Tester, within 30 days following Producers payment of the Testing Fee to the Escrow Account and Beta Family’s receipt thereof.

c) Payment of the Testing Fee, shall be made, upon request by Tester, if and when the aggregate of all Testing Fees due to Tester exceeds USD 50, 00 (fifty). Payment of the Testing Fee shall also be made, regardless of whether the aggregate of all Testing Fees exceeds USD 50, 00 (fifty) or not, if this contract is terminated by Producer or Beta Family.

d) Tester shall carry all bank transaction costs associated with the payment of the Testing Fee to Tester hereunder. In connection therewith, Tester shall also pay a fee to Beta Family for its services in connection with such payment (“the Payment Fee”). The bank transactions costs together with the Payment Fee shall, however, not exceed USD 50, 00 (fifty). Beta Family shall be entitled to withdraw, before payment of Testing Fee and from the funds available on the Escrow Account, reimbursement for the bank transaction costs as well as payment of the Payment Fee.

e) Beta Family shall not be liable to pay the Testing Fee to Tester unless payment of the Testing Fee has been made by Producer to the Escrow Account. Beta Family assumes no liability whatsoever for the non-payment of Testing Fees by Producer.

f) Beta Family shall keep all Testing Fees paid into the Escrow Account separated from its own funds according to the provisions of “Lagen (1944:181) om redovisningsmedel” and may only handle and use these funds in accordance with the provisions of this agreement.

g) Tester acknowledges that it shall not receive any other kind of remuneration than the Testing Fee. Thus, without limiting the generality of the foregoing, Tester shall not be entitled to receive payment based on the time it has spent performing the Testing Services.

7. Disclosure of information etc.

a) Tester warrants and represents that it shall not, under any circumstances, copy or attempt to copy by any means, reverse engineer or attempt to reverse engineer, take screen shots or video captures of, or otherwise store any Applications or any other materials contained in the Service or on the Beta Family website. Tester agrees not to disclose any such Applications or materials to other Testers or any third-parties whether in person, through any digital media, blogs, news sources, social networks or any other form of communication. Tester agrees not to duplicate, use, or distribute the Applications being tested to anyone else. Applications are provided for the sole purpose of testing and reporting bugs and other Test Artifacts through the Service and any other use is strictly prohibited. Tester shall indemnify and hold harmless Beta Family or any of its affiliates and business partners (including any directors, members, employees and other representatives) from and against any and all claims, losses, damages, liabilities, costs and expenses, including, without limitation, legal expenses and reasonable counsel fees, arising from or relating to your release of information in violation of the foregoing, or otherwise, breach, or alleged, breach of the foregoing.

8. Warranties, representations and indemnification as regards taxes

a) Tester shall be fully responsible for and will indemnify Beta Family against any liability, assessment or claim made by any competent authority within the Territory against Beta Family in respect of any income tax, national insurance, social security or similar contributions or any other taxation whatsoever, in each case relating to the performance by Tester of the Testing Services. Tester will also indemnify Beta Family against all reasonable costs and expenses and any penalty, fine or interest accrued or payable by it in connection with or in consequence of any such liability, assessment or claim.

b) Tester shall not bring any employment-related claim or any claim based on worker status (including reasonable costs and expenses) against Beta Family arising out of or in connection with the performance of the Testing Services.

c) If liable to do so according to any applicable legislation in the Territory, Tester shall be fully responsible for the reporting of the Testing Fee to authorities. Tester will indemnify Beta Family against any liability, assessment or claim made by any competent authority within the Territory against Beta Family in connection therewith.

9. Certain restrictions regarding use of the Service

a) Tester hereby acknowledges that it shall not (without first having obtained the written permission of Beta Family):

  1. advertise or promote any product or services when using the Service and/or the Beta Family Website;
  2. collect any third party content or information, or otherwise access the Service and/or the Beta Family Website, using automated means (such as harvesting bots, robots, spiders, or scrapers);
  3. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  4. attempt to introduce any viruses, trojan horses, spyware, cancel bots or other malicious code into the Service and/or the Beta Family Website;
  5. solicit login information or access an account belonging to someone else;
  6. access, tamper with, or use non-public areas of the Service and/or the Beta Family Website, the computer systems of Beta Family, or the technical delivery systems of its providers;
  7. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  8. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service and/or the Beta Family Website to send altered, deceptive or false source-identifying information;
  9. bully, intimidate, or harass any third party;
  10. use the Service and/or the Beta Family Website to do anything unlawful, misleading, malicious, or discriminatory:
  11. do anything that could disable, overburden, or impair the proper working of the Service.

10. Breach of contract by Tester

a) Tester shall compensate Beta Family for any and all damage suffered by Beta Family, including any losses, arising out of any breach by Tester of a provision of this agreement. Damages shall be payable with or without proof of intent or negligence.

b) In addition to its right to receive damages, Beta Family shall be entitled to terminate this agreement with immediate effect or suspend Testers access to the Service in the case of any breach by Testers of a provision of this agreement. If Beta Family should terminate this Agreement, or suspend Testers access to the Service for any of the reasons set out in this sub-clause, Beta Family shall have no liability or responsibility to Tester.

11. Limitation of liability

a) The Service and the Beta Family website are provided in “AS IS” condition and Beta Family expressly disclaim any and all warranties, whether express or implied, including all warranties of merchantability, fitness for a particular purpose, title, non-infringement and any and all warranties arising from course of dealing and usage of trade, that the Service will meet your requirements, that the Service will always be available, accessible, uninterrupted, timely, secure or operate without error, as to the results that may be obtained from the operation, use or other exploitation of the Service and as to the accuracy or reliability of any information obtained from the Service or the Beta Family Website.

b) Beta Family assumes no liability for indirect or consequential damages, loss of data or other inconvenience caused in any way by the use of the Service or the Beta Family Website, unless such damages has been caused by the intent or gross negligence of Beta Family. In addition to the foregoing and as regards any damages, including direct damages, the obligation of Beta Family to pay damages, in the absence of intent or gross negligence by Beta Family, shall be limited to USD $ 1 000 (one thousand US-dollars).

12. Force Majeure

a) Neither party shall be required to fulfil any of its obligations set out herein if such fulfilment can not be fulfilled due to circumstances outside the control of such party (”Force Majeure”). Should a party be unable to fulfil its obligations due to Force Majeure, such Party shall forthwith notify the other party of this and, if possible, estimate when due fulfilment can be expected.

13. Intellectual property

a) All right, title, and interest in and to the Service will remain the exclusive property of Beta Family. This Agreement shall not give Tester any right to use such materials other as provided for herein, nor shall this Agreement give Tester a right to use Beta Family’s name or any of Beta Family’s trademarks, logos, domain names, and other distinctive brand features.

14. Alteration of Service or amendments to these general terms and conditions

a) Beta Family reserves the right to add new services to the Beta Family Website and to change such services without prior notice to Tester. Should Beta Family wish to stop providing all services, including the Service, permanently, Beta Family shall terminate this Agreement pursuant to sub-clause 15 a) below.

b) Beta Family reserves the right to make amendments to this agreement at any time. Beta Family will notify Tester of its intent to make such amendment by e-mail or the next time Tester accesses its account. If Tester should notify Beta Family that Tester cannot accept such amendments, Beta Family shall be entitled to terminate this Agreement. Otherwise, Testers use of the Service shall be subject to the amended Agreement.

15. Term and termination

a) The Term of this agreement shall enter into force at the date hereof and shall be valid until terminated by any of the parties given the other party notice of termination not less than 30 days in advance. Notwithstanding the foregoing, in the case Beta Family terminates this agreement before the expiry of an on-going testing project cycle; the termination shall not be effective until the obligations of the parties in connection with the on-going testing project cycle have been fulfilled.

16. Personal Data

a) Tester hereby gives its consent to Beta Family’s use of all personal data, without limitation, furnished by you to Beta Family. For example, such use shall include the collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, destruction or any other processing of personal data. The personal data given may be used by Beta Family regardless of the purpose of the use, and may thus include sale or marketing purposes. This consent is given for processing by all now and future known technical means. This consent is given freely and also entitles Beta Family to transfer, through sale, lend, license, lease or otherwise, the right of said usage in part or wholly to any third party, regardless of where the recipient is located. Thus, Tester gives its consent to possible transfer of personal data to countries within and outside of the European Union.

17. Miscellaneous

a) Beta Family may transfer its rights and obligations pursuant to this Agreement, in whole or in part, to any third party without your prior written consent.

b) If any provision of this agreement or the application of it shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, the parties shall amend this agreement in order to give effect to, so far as is possible, the intention of this agreement. If the parties fail to amend this agreement, the provision, which is void, invalid or unenforceable, shall be deemed deleted and the remaining provisions of this agreement shall continue in full force and effect.

c) The headings in this agreement are for convenience only and shall not affect the interpretation of any provision of this agreement.

d) In event that any discrepancy or ambiguity exists as between the provisions of this agreement and the information contained on the web pages of the Beta Family Website, the provisions of this agreement shall take precedence.

e) This contract has been executed in digital form and we will store its copy in such form, properly signed.

18. Governing law and disputes

a) This agreement shall be governed by and construed in accordance with the laws of Sweden. Disputes arising out of, or in connection with this agreement shall be settled by the district court of Stockholm, Sweden (“Stockholms Tingsrätt”) as first instance.