Last Updated July 1st, 2015.
The latest version of this document is available at http://testfairy.com/developer-terms-privacy
Solely for your convenience, we present a summary of your rights and obligations, that does not construe as the binding agreement:
First, TestFairy shall retain all your personal information and all your end users' personal information in strict confidence.
TestFairy shall not disclose any personal information without the explicit consent of each data subject.
Notwithstanding, TestFairy may use aggregated, non personally identifiable information, as long as such information cannot be re-identified.
Second, TestFairy is an application meant for testing purposes. If you wish to test your app, you will be required to upload the relevant files to TestFairy’s servers, where TestFairy shall modify them to add the specific monitoring and testing features as you requested. Following this, you shall be granted access to TestFairy’s monitoring and reporting dashboard, where you shall receive relevant information.
You are solely responsible for distributing your app to others. Meaning, don’t add viruses, don’t trick users to install these apps, don’t wrap other people’s apps in TestFairy’s testing application and never, I mean never, use the TestFairy service to harm others.
Third, when you use the service, TestFairy shall retain some information about your users and yourself; such information may be available to yourself, but TestFairy may use it, in an aggregated, non-personally identifiable, manner, and distribute it to selected partners and clients (such as to identify system-wide bugs, or to create better services).
Fourth, while TestFairy employs best efforts to keep all information secure, and shall employ means to prevent unauthorized access,
some of your information is sent or hosted by 3rd party services, such as Zendesk CRM, Google Apps, and Amazon S3, and therefore TestFairy cannot be liable in any case the information was breached.
Fifth, TestFairy provides the service on an AS-IS basis, and it shall not be liable to any damage of any sort.
Lastly, use the services carefully, and notify your testers on exactly what will you be doing with their information.
And now, for the legal part
- Eligibility, Registration, Security: In order to register to the services, TestFairy may perform several actions to verify your identity, including the authentication of your email account, validation of your payment apparatus and other action.
- Who Can Register? By accepting these terms, you hereby warrant that you are entitled to TestFairy's eligibility terms (stated below) and that, if you are operating on behalf of a corporation, that all its end-users and employees adhere to these terms as well.
- Age: You are over 18 years of age, or if you are a corporation, the corporation is valid and allowed to enter into this agreement. If you are under 18, you obtained your parents consent to these terms of service.
- Solvency: You are solvent and have not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability into entering into agreements such as these terms.
- Residence: You do not reside in any proscribed state nor in any state that is embargoed by the United States department of commerce.
- Types of Users: Currently, TestFairy offers three different types of users: Free Accounts, which are granted limited access, Developer Accounts, which are meant for one person only, and Corporate Accounts, which are provided to multiple users.
- How To Register? When you provide TestFairy with your electronic mail, then it may send you an email to authenticate your email address and send a notification email to the address you provided it. In the said email, TestFairy may include information or a link to authenticate your email account as the proprietor of the said address.
- Security: Due to the sensitivity of information stored on your behalf on service and the potential risk, you may be required to enter a password for your account. Please do not allow others to use your account. You are required to inform TestFairy, immediately, upon any case where you believe that your account was breached and in any case you are in knowledge of any unauthorized use of any TestFairy account. Such notification shall be by email to firstname.lastname@example.org.
- One Account for One User: TestFairy’s policy is to have one account for one person, and one person for one account. You cannot hold more than one account, and you cannot allow others to access your own account. If you are a corporation, then you can allow access to your account for specific employees, but you will be the one held liable for any damage which they may cause.
- Passwords: TestFairy strongly encourages the use of strong accounts (such as, ^e6usrh$@V&K% or correcthorsebatterystaple , but don't use these two) and that using the same password for more than one user or in more than one website is considered a bad practice.
For more information about strong passwords and how to find strong passwords that are easy to remember, please read the following pages:
- Providing your Password to others: You are specifically prohibited from sharing your email and password with any 3rd party.
- TestFairy’s Liability: TestFairy shall not be liable in any case where you did not adhere to these security guidelines and shall not be able to assist you in any manner should you refrain from using TestFairy’s best practices as published from time to time.
- Services: For the purpose of these terms, the following shall be construed as TestFairy's services.
- Retention and Uploading an Application: TestFairy shall avail you to an apparatus to upload and store your App.
When you upload an App, TestFairy shall automatically incorporate its testing software in it. You shall be required to select some of the sensors which you wish to operate, such as GPS, screen monitoring, touches, camera and others, define the permissions you require for the apps and create alerts relating to your apps. Other sensors may be selected by default.
- Revoke or Delete Apps: You may, at any time, revoke or delete the apps from the Service, provided that you acknowledge that such revocation or deletion does not prevent TestFairy from retaining backup copies for audit purposes: However, when you revoke or delete the App, TestFairy cannot ensure that it is actually removed from the end-users' devices..
- Invite Testers: TestFairy shall avail you to an apparatus to invite testers for your app, where such invitation may be sent by electronic mail or by sending a direct link. TestFairy may also allow allow you to set up web-pages where you can post your App's information and request testers to join. You are solely liable for the content in such pages
- Statistics Dashboard: TestFairy may allow you to review the statistics dashboad, where you can monitor and review the use of your apps, and to review specific installations, error logs and other information, as TestFairy may allow from time to time.
- Sharing Stats Links: TestFairy may allow you to create links which allow sharing of your Statistics Dashboard and other information. Please use this feature with caution, as you allow others to review personal information of your testers.
- Monitoring Use: TestFairy may allow you to monitor use of your apps, by providing you screenshots grabbed from the testers’ apps, as well as obtaining geolocation and other technical information.
- How Long does TestFairy retain data? TestFairy retains data for a reasonable amount of time, and for no less than 14 days. However, TestFairy may remove data, or delete any backups, at any time and for any reason.
- Payment: For its services, TestFairy may charge you fees as set forth, from time to time, or as published in the fee schedule in the software or Services, where such fees may be charge per use, per app, per tester or per installation, and according to other business models.
The Free version of the TestFairy Service may include only limited tests, apps, notifications, and may limit the number of installations, testers or features.
- License to use and distribute your apps: License Grant: For these terms, the term “Software” shall mean all and any of TestFairy's software distributed throughout the TestFairy service, and any apps containing the TestFairy framework.
TestFairy hereby grants you a limited, sublicensable, non-assignable, commercial, royalty-free, non-exclusive, license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
- Limited: You may use Software for the purpose of testing your apps, and solely for such purpose.
- Sublicensable: You may redistribute the Software throughout various channels provided that you may not: (a) alter or amend the Software in any form; (b) circumvent or otherwise modify the Software from contacting TestFairy's servers; (c) bundle Software with any 3rd party software without using TestFairy's tools and Software for such bundling.
Any software you bundle with the Software must be your own, and you cannot create packages containing 3rd party software which is licensed under any reciprocal Open Source License (such as the GPL), or otherwise shall impair any of TestFairy's rights under this Agreement
- Non Assignable & Non-Transferable: You may not assign or transfer your rights and duties under this license.
- Non-Exclusive: Your license is granted on a non-exclusive basis. Nothing in this license shall limit TestFairy from licensing, conveying, assigning, transferring or otherwise contracting any party in regards to Software.
- Software’s Trademarks: TestFairy shall retain full title in Trademarks, and any trademarks and tradenames contained, including Software's names, logos, and all other intellectual property. Unless specifically stated in this license, no license shall be made to use, associate or affiliate Software with you in any manner.
- Including in Software’s Patents: If Software is covered by Patents, TestFairy grants you a non-exclusive, worldwide, royalty-free patent license under TestFairy's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of Software.
- No Use of Open Source: The use of Software as a part of a larger work is limited in cases where the larger work contains any reciprocal license as defined by the Open Source Initiative or any license containing stipulations which may require TestFairy, or yourself, to disclose or distribute the source code of Software to any 3rd party or to yourself.
- No Malicious Use: You may not use Software in any application which includes viruses, trojans, malicious software or which otherwise uses end-users' information or computers without their consent. Moreover, you may not use Software with any content which may be deemed as offensive, illegal or infringes any 3rd party rights.
- Temporary: License is granted for a limited amount of time, and as long as You adhere to TestFairy's terms of service.
- Malicious Activity: TestFairy places high value privacy and security and wishes to prevent unauthorized installations of the apps and the TestFairy software, as well as any other malicious activity, amongst other things, the following shall automatically be considered as Malicious Activity and incur termination of your account and withholding of any funds in it:
- Spam: you may not use the services to spam, nor you may use spam to promote and distribute your apps. Where spam, for the purpose of this agreement, shall mean all and any uninvited or unsolicited postings or communications, including repetitive web-posting, splogs, unsolicited emails, short messages or social network messages, sending of invitations through social networks or end-users' contacts and engaging in any harassing activity.
- Viruses and Malware: you may not use apps to distribute viruses and malware, nor you may use Viruses and Malware to distribute apps. Where Viruses and Malware, for the purpose of this agreement, shall mean all and any software or code which acts without the end-users' specific consent and/or performs any activity which was not intended to be performed by the end user, including any secret key-loggers, trojans, back-doors, and including any automated installers and updaters.
- Adult Content: you may not use apps to distribute Adult content to end-users, nor may you use Adult Content to distribute apps, where Adult Content shall mean any pornography, obscenity, nudity, or other content which may be harmful to minors.
- Tricking Children: Children are considered a sensitive group and are not eligible to enter into agreements without their parents' consent. Therefore, they cannot agree to TestFairy's terms and privacy. You may not use where children are used for testing nor you may target children to download and install your apps.
- Fraudulent Activity: you may not use apps for fraudulent activity nor you may use fraudulent activity to distribute apps. Where Fraudulent Activity shall mean any activity where (i) the end-user is tricked or incentivized into clicking on any advertisements; (ii) the end-user's device automatically generates clicks on advertisements or other links; (iii) the end-users are manipulated into clicking on links which do not represent their actual content; (iv) software is installed on the end-users' devices without their specific opt-in consent.
- Illegal Activity: you may not use apps in any illegal activity nor may you use illegal activity to distribute apps. Where Illegal Activity shall mean any activity which is prohibited in the jurisdiction where the apps are distributed in.
- Infringing on 3rd Party Rights: you may not use apps in any manner which infringes 3rd party rights, nor may you infringe any 3rd party rights to distribute apps. 3rd Party rights shall include, but not limited to, right for privacy, copyright, patents, trademarks, goodwilll, good name and other rights. By means of example only, you may not use any trademarked logos in apps or bundle it with Software you are not licensed to bundle.
- Removing Your Apps: In order to protect Your rights, TestFairy has set up this Notice and Takedown Mechanism to help You protect Your Content and to ensure that no unauthorized use is made.
- Prescreen and Moderation: You acknowledge that TestFairy cannot pre-screen all Content, but that it shall have the right (but not the obligation) in its sole discretion to refuse or remove any app or User Account that is available via the Service. TestFairy shall have the right to remove any app or User Account that violates these Terms of Service or is otherwise objectionable, or for any other reason.
- Cease and Desist: TestFairy values your right and others rights, and therefore shall comply with all state regulations regarding 3rd party rights. Should you encounter any app which you believe to be in violation of any of Your rights, good name or copyrights, Please file an infringement complaint to our Content officer: email@example.com.
- What Happens When TestFairy Receives a Complaint? TestFairy shall examine your complaint and shall forward it to the user who published said app for his answer, if possible. Should Your complaint be false, harassing or in order to prevent legal use of Service, you shall bear all liability to compensate the user which you reported as infringing and/or TestFairy. In your complaint you will be required to inform TestFairy with: (i) a written statement regarding what app infringes your rights and proof that You hold those rights; (ii) what is the exact URL of such app; (iii) notification that you believe that the use made by the app is not considered fair-use, criticism, consumer protest or any other protected speech.
- Moderation: Pursuant to any report, and promptly thereafter, TestFairy will moderate the app and review your request; TestFairy shall notify the user who posted the app on Your complaint and await his answer.
- Removal or Restoration: Should the user who posted the app fail to respond within 96 hours, TestFairy shall remove the app; had he responded, TestFairy will inspect his response and should any material questions of fact or law arise, TestFairy shall forward his personal information directly to You so you could commence litigation over Your complaint.
- Indemnification:You hereby warrant and agree to hold TestFairy harmless and to indemnify TestFairy for any damage, loss, expense, legal expense or cost incurred as a result of (i) Your posting of any app in direct violation of TestFairy terms and conditions, including any false representation; OR (ii) any claim, complaint or notification filed maliciously or negligently against any User where no such claim had any legal standing.
- Warranty: You hereby warrant that You are either the sole proprietor or a designated licensee of any app You post through the service and that no other party's rights are infringed or violated by your use of the content and the Service. You moreover warrant that no legal claim, dispute or lawsuit was filed against You or threatened against You for publishing app through the Service.
- What Personal Information Does TestFairy Retain?
TestFairy may retain some personal information that you provided it, including your IP address and other information such as your payment apparatus and other information you provide it.
- What Non-Personal Information Does TestFairy Retain? TestFairy may also retain some non-personal information about you, such as information relating to your use of the services, pages you viewed, information about your browser type, devices and other information.
How Will TestFairy Use The Information? TestFairy uses the information in order to provide you and other users the services, as well as to improve the services.
TestFairy shall retain all your personal information and all your end users' personal information in strict confidence. TestFairy shall not disclose any personal information without the explicit consent of each data subject.
Notwithstanding, TestFairy may use aggregated, non personally identifiable information, as long as such information cannot be re-identified.
Who Else Has Access To Your Information?
TestFairy uses 3rd party services such as Amazon S3, Google Apps and Zendesk CRM whom employees may have access to the information; moreover, TestFairy's employees, who are under strict confidentiality obligations, also have access to some of the information.
TestFairy may also provide aggregated, non-personally identifiable, information to selected 3rd parties as long as this information does not include information about specific apps, users, testers or customers.
- What 3rd Parties Are Used In The Service?
TestFairy also uses some 3rd parties in its website, provided by Google, Amazon, Zendesk, Intercom and others. Please review the relevant Privacy Policies for such services.
- How Can You Review Your Information or Delete It? TestFairy allows you to review your personal information through the TestFairy Panel; Please keep in mind that if you delete your personal information, TestFairy may still retain backup copies for audit and backup purposes.
- What can you do if your privacy was violated? If you feel your privacy was compromised, you can contact TestFairy’s privacy officer at firstname.lastname@example.org and request that he’ll review your complaint.
- Terminating These Terms: TestFairy shall have the right to terminate your use of the TestFairy service or to terminate the TestFairy service at any time and by providing a 7 day prior notice. However, TestFairy may terminate your use of the TestFairy service at any time and without prior written notice in any case where you breached these terms and such breach may cause TestFairy irreparable harm.
- Amending These Terms: TestFairy may amend these terms from time to time, provided that you shall be informed by electronic mail upon such change.
- Liability: For no case and for no reason shall TestFairy be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any other user or any 3rd party due to its misperformance of duties herein. TestFairy provides Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, virtual property, reputation and business reputation, user account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use TestFairy services.
- Warranty: TestFairy does not warrant for Service and supplies it on an “as-is” and “as-available” basis. Your Use of Service is at your own risk and under your liability.
TestFairy makes no warranty that
(i) the Service will meet your requirements and
(ii) the Service will be uninterrupted, timely, secure, or error-free and
(iii) the results that may be obtained from the use of the service will be accurate or reliable and
(iv) the quality of any products, services, information, or other material purchased or obtained by You through service will meet your expectations,
(v) your use of the Service will be in compliance with the guidelines of applicable 3rd party application distribution channels;
(vi) any errors in the service will be corrected.
For example, TestFairy cannot ensure that it will allow you to monitor all bugs in your apps, that the screenshots will be accurate or that the TestFairy Software shall not harm your App.
Moreover, you hereby acknowledge that the Service is in Beta stage and that it is currently under development. You acknowledge that the Service may be flawed and that some errors may occur.
- Support: Currently, and due to the early stage of the TestFairy service, support is only provided by Electronic mail and during regular business hours at email@example.com.
- Indemnification: Indemnification: Indemnification: You hereby warrant and agree to hold TestFairy harmless and to indemnify TestFairy for any damage, loss, expense, legal expense or cost incurred as a result of (i) Your use of the Services in direct violation of these terms of service, including any false representation; OR (ii) any claim, complaint or notification filed maliciously or negligently against any TestFairy or other TestFairy user where no such claim had any legal standing.
- Refunds: Refund policy is "30 days money back guarantee no questions asked". If for any reason within the first 30 days after payment customer is unhappy with the service and wishes to cancel a payment, customer should contact Testfairy support team and request for a refund. Refunds will be issued within 30 days.
- General: These Terms govern your use of the TestFairy service and shall be the sole agreement in effect relating to these services. These terms shall be solely governed by the laws of the state of Israel and any dispute arising from it shall be solely brought to the competent courts of the Tel-Aviv district. You hereby warrant and undertake not to initiate any class action lawsuit against TestFairy and to solely seek your own damages.