The Service. The Brutal service allows:
a. Companies and other entities and organizations (“Clients”) to test and give their feedback about products and services. Those services can be a new mobile and web applications and/or new or improved features and functionalities of website and mobile applications, among other things, (“Client Products”), and to receive consumer feedback on Client Products by: (i) creating one or more projects on Brutal (“Projects”); (ii) providing individual consumers (“Testers”) via the Client’s Project or within the Client's website and/or app, in order to participate in a beta test of the Client Products (“Tests”); (iii) to receive recorded feedback on the Tests from Testers (“Tester Feedback”); and (iv) to follow up with Testers in respect of the Tester Feedback; and
b. Testers can test and provide feedback on the Client's Products, by allowing Testers to: (i) gain early access and to Test Client's Products in beta; and (ii) to create recordings of their experience testing the Client’s Products and services (collectively (a) and (b) are the “Services”).
Registration. In order to access the Service as a Client you must be a registered user.
Clients register for the Services through the Website. In order to register as a Client and create an account, you must provide us with your company name and email address, and create a Project. Clients use this Project to create Tests and capture Tester Feedback. When you register as a Client, you must also affirm that you are authorized to represent the company. We will not be liable for any non-authorized persons registering as Clients (see Limitation of Liability below).
Once registered, Clients may appoint one or more administrators who can oversee all activity on the Project (“Administrator”).
The Service offers Clients passwordless account access via a process of authentication. When a Client or Administrator enters their email, if they are a registered user they will receive an email with a link to access their account. Once the Client or Administrator clicks on the emailed link they will be redirected to the secure Account.
5. Tester Personal Information.
Certain Tester Feedback may include personal information that will be provided to Clients. And Testers understand and agree that Brutal cannot and does not monitor how Clients treat a Tester’s personal information, and shall not be responsible for any Client’s collection, use or disclosure of a Tester’s personal information. All Clients hereby represent, warrant and covenant to comply with all applicable laws governing the collection, use and disclosure of personal information. Testers should review the privacy policies of Clients prior to registering for a Subdomain, participating in a Test, or providing any Tester Feedback.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise, including any Tester Feedback and Tester recordings (“Tester Content”, and collectively with all other content User Content”), is the sole responsibility of such viewers or users. This means that the viewer or User, and not Brutal, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Brutal does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Brutal be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions on User Content and Use of the Service.
In using the Website and/or Service You shall not:
a. copy any content unless expressly permitted to do so herein;
b. upload, post, email, transmit or otherwise make available any material that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii. You do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
c. impersonate any person or entity or misrepresent their affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
e. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
f. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
g. collect or store personal data about other users or viewers;
h. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or
i. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
License of User Content.
By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Brutal will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
License of Tester Content.
Testers understand and agree that all Tester Content will be provided by Brutal to Clients via the Website. By submitting, posting or displaying Tester Content on or through the Service, you grant to Brutal, a non-exclusive, royalty-free, unrestricted, fully transferrable, perpetual, irrevocable license (with the right to sublicense to Clients) to use, copy, modify, transmit, display, perform, reproduce, distribute and otherwise exploit such Tester Content for the purpose of providing the Services, for product improvement, and for internal analytics purposes. Brutal will not be responsible or liable for any use of Tester Content in accordance with these Terms. The license granted under this Section 10 shall survive the termination of this agreement and/or any testing period with any Client. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Tester Content that you submit.
End User License.
Except for User Content and Tester Content this Website and the information and materials that it contains, are the property of Brutal and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Brutal grants you a non-transferable, non-exclusive, license to use the Website for your use (the “License”). Nothing in the Terms gives you a right to use the Brutal or Brutal names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.
Client Products, Links & Third-Party Websites.
This Website (including Subdomains, User Content and Tester Content) may embed or contain links to other websites that are not owned or controlled by Brutal. In no event shall any reference to any third party, third party product or service (including without limitation, Client Products, Subdomains and any other Client products or services not being tested through the Services) be construed as an approval or endorsement by Brutal of that third party, third party product or service. Brutal is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Brutal endorses or accepts any responsibility for the content or use of such websites, and You hereby release Brutal from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.
THE WEBSITE, SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." BRUTAL SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. BRUTAL DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE, AND BRUTAL SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. BRUTAL WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL BRUTAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, BRUTAL APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF BRUTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRUTAL’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID BRUTAL IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Availability & Updates.
Brutal may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and the Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Brutal may periodically add or update the information and materials on this Website without notice.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or the Service, please contact us at: firstname.lastname@example.org.
Last update: November 7, 2018