General Terms of Service
Terms of Service
Last modified: June 1, 2015
By using the Pay4Bugs.com web site or any services of Attigo Corporation (“Pay4Bugs”) presented under the brand name Pay4Bugs (“Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If Pay4Bugs makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.pay4bugs.com/tos
Violation of any of the terms below will result in the termination of your Account. While Pay4Bugs prohibits such conduct and Content on the Service, you understand and agree that Pay4Bugs cannot be responsible for the Content posted on the Service or the actions in violation of the Terms of Service by other users of the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
A. Account Terms
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide a valid email address, and any other information requested in order to complete the signup process. You must provide your legal full name when requested.
Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. Pay4Bugs cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). You agree not to use the Service to post false or misleading Project descriptions. You may not post Projects that are inappropriate for the Service audience, viewers, or visitors, as more fully described below. Pay4Bugs shall have sole discretion, in determining the appropriateness of any content posted to or available through the Service. You shall not falsify your identity or the identity of any third-party.
One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. API Terms
Customers may access their Pay4Bugs account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Pay4Bugs, is bound by these Terms of Service plus the following specific terms:
You expressly understand and agree that Pay4Bugs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pay4Bugs has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to Pay4Bugs via the API may result in the temporary or permanent suspension of your account's access to the API. Pay4Bugs, in its sole discretion, will determine abuse or excessive usage of the API. Pay4Bugs will make a reasonable attempt via email to warn the account owner prior to suspension.
Pay4Bugs reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
C. Posting Projects
A Project on this Site means posting a request directly, or by reference to another site, to a third party to examine certain software with intent to determine if a Bug or Bugs exist and to inform you of the existence and nature of the Bug or Bugs.
You may post a Project in which you offer no money to the third party for the detection and description of a Bug (“Free Project”) or you may post a Project in which you offer to compensate a third party to detect and describe a Bug (“Paid Project”).
In order to post Paid Projects, you must, in addition to complying with other instructions in the Service, purchase credits in the manner described on the Service. All credit purchases are final. Failure to pay fees associated with your account or canceling your account will result in the forfeiture of your credit balance.
If you post no new Paid Assignments for a period of two years or no payments are made to testers from your account for a two year period, your account may be closed and all funds remaining in it may be forfeited.
You shall determine whether an identified Bug qualifies for payment which determination you shall make no more than 7 days after the bug has been submitted to you and your decision shall be final unless specific provisions on the Site permit that determination to be contested. However, you understand that you shall not unreasonably reject a bug for payment since to do so would impair the goodwill of the Site.
You shall promptly, but in any event no later than 7 days after a tester has submitted a Bug, inform the Site whether to deny payment for the Bug. Failure to respond in this period will be deemed to be an authorization to pay the tester for the Bug. An authorization once given cannot be rescinded. The Site shall then post to account of the Tester who submitted the Bug the amount you specified for the Bug, less payment fees.
In the event that you elect to use the option of posting a project that requires testers to agree to your specific terms and conditions (“Tester Agreement”), you agree and understand that your Tester Agreement cannot modify or conflict with Pay4Bugs standard terms and conditions for testers and that in the event of a conflict, Pay4Bugs terms and conditions shall control.
D. Licenses to Pay4Bugs and Reporting
Customer Data. You expressly grant, and you represent and warrant that you have all rights necessary to grant, to Pay4Bugs, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, develop, transmit, distribute, modify, reproduce, publicly display, and create derivative works of any Customer Data for the purposes of (i) providing the Service (ii) developing, maintaining, supporting, and improving the Services; (iii) marketing, promoting and advertising the Service so long as any Customer Data is not reasonably identifiable with an individual; and (iv) creating and distributing reports so long as any Customer Data is not reasonably identifiable with an individual.
Name and Logo. You expressly grant, and represent and warrant that you have all rights necessary to grant, to Pay4Bugs, a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, and distribute your name, logo, or any other identifying words or marks used by and/or associated with you to identify you (“Your Marks”), in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service to identify you as a customer of Pay4Bugs. Unless otherwise approved in writing by you, we will not remove, obscure, or alter any of Your Marks. Pay4Bugs acknowledges that all goodwill generated through our use of any of Your Marks will inure to your benefit and we hereby assign and will assign to you any and all goodwill generated through our use of any of Your Marks, without any payment or other consideration of any kind to us.
Marketing. You expressly grant, and represent and warrant that you have all rights necessary to grant, to Pay4Bugs, a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, edit, and distribute any of Your Marks, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, to identify you as a customer of Pay4Bugs in connection with any marketing, promotion, or advertising of the Service.
Customer References. You expressly grant, and represent and warrant that you have all rights necessary to grant, to Pay4Bugs, a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, edit, and distribute any of Your Marks, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, to identify you as a customer of Pay4Bugs in connection with providing customer references regarding the Service to other Users.
Case Studies. You expressly grant, and represent and warrant that you have all rights necessary to grant, to Pay4Bugs, a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, edit, and distribute any of Your Marks, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with identifying you in case studies relating to your use of the Service.
Feedback and Improvements. You may choose to or we may invite you to submit comments, suggestions, feedback, or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pay4Bugs under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Pay4Bugs does not waive any rights to use similar or related ideas previously known to Pay4Bugs, or developed by its employees, or obtained from sources other than you.
Tech Community You agree and acknowledge that Pay4Bugs may share anonymous information with the high-tech community, including data related to general testing time, standards, average number of bugs found, the number of bugs fixed and additional aggregated statistical reports regarding Companies' applications that are being or have been tested. Pay4Bugs will not specify any Company's name or provide personal information relating to the Company (i.e. such as e-mail addresses, accounts or financial information), but may mention the business areas or industries in which Companies operate and/or the type of applications or software being tested.
Reporting In the event that Pay4Bugs determines that it has a reporting obligation in connection with your use of the Service you agree to provide Pay4Bugs with such information or complete such forms as Pay4Bugs deems in its sole discretion are necessary to comply with that reporting obligation. You agree that Pay4Bugs may withhold payment on any sums due to you until you comply.
E. Payment, Refunds, Upgrading and Downgrading Terms
All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number.
An upgrade from the free plan to any paying plan will immediately bill you.
The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds beyond those described in E.5, or refunds for months or years unused with an open account. Pay4Bugs may in our sole discretion offer refunds during the first 14 days you are a customer. In no event will refunds be made for Used Bug Credit. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You explicitly acknowledge that it is your obligation to comply with all government regulations which require the reporting of sums paid to Testers by Pay4Bugs. You agree to indemnify and hold Pay4Bugs harmless from any claims made against it resulting from your failure to comply with this paragraph.
For any upgrade or downgrade in plan level, your credit card will be charged the full amount of the new plan minus a credit reflecting the prorated amount already paid for that billing cycle. If the credit amount is greater than 0, you will not be charged until the beginning of the next billing cycle. Any credit amount in excess of the new plan amount will be forfeited.
Downgrading your Service plan may cause the loss of Content, Projects, features, or capacity of your Account. Pay4Bugs does not accept any liability for such loss.
You shall not chargeback any credit card payments to Pay4Bugs. Any such chargeback will result in an additional payment to Pay4Bugs of up to US$500 which is a reasonable estimate of Pay4Bugs’s additional administrative costs. You are responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred by Pay4Bugs in enforcing collection of fees.
All transactions with the Service and Pay4Bugs must be in U.S. Dollars and by methods identified by Pay4Bugs on the Service. Any amounts displayed on the Site in other currencies are for reference purposes only. In the event that Pay4Bugs accepts payment in currency other than U.S. dollars, Pay4Bugs shall, at its sole discretion set the rate of exchange. All fees and payments are rounded up to the nearest cent.
F. Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking the appropriate link on the Service after logging in with your Account. The Account screen provides a simple no questions asked cancellation link.
We reserve the right to delete all of your Content and Projects from the Service upon cancellation, but are under no obligation to do so. This information can not be recovered once your Account is cancelled.
If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be charged again.
Pay4Bugs, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Pay4Bugs service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Pay4Bugs reserves the right to refuse service to anyone for any reason at any time.
G. Modifications to the Service and Prices
Pay4Bugs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly or annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Pay4Bugs Site (www.pay4bugs.com) or the Service itself.
Pay4Bugs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
H. Copyright and Content Ownership
We claim no intellectual property rights over the material you test using the Service. Your project, testing instructions, and other materials uploaded remain yours. However, by submitting your project for testing, you agree to allow others to view your Content.
Pay4Bugs does not pre-screen Content, but Pay4Bugs and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You shall defend Pay4Bugs against any claim, demand, suit or proceeding made or brought against Pay4Bugs by a third party alleging that Your Content, Your Projects, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Pay4Bugs for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Pay4Bugs in connection with any such claim, demand, suit or proceeding; provided, that Pay4Bugs (i) promptly gives You written notice of the claim, demand, suit or proceeding; (ii) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Pay4Bugs of all liability); and (iii) provides to You all reasonable assistance, at Your expense.
I. General Conditions
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Pay4Bugs makes no representation or warranty concerning the honesty or financial condition of Testers who use the Site. You agree that no guarantee is given that any or all bugs in a Company's software shall be found and diagnosed as a result of engaging Testers through the Service.
Support for Pay4Bugs services is only available in English
You understand that Pay4Bugs uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You understand and agree that the Service’s purpose is as a middleman who brings Customers, who wish to have their software reviewed and persons who are willing to perform the service of reviewing the software.
You acknowledge that Pay4Bugs undertakes no review of the legitimacy, financial condition skill, knowledge, ability or honesty of a Tester and you acknowledge that you are assuming all risk and liability associated with using the Site and soliciting the services of a Tester by means of the Site.
You agree that your use of the Service does not permit you to claim that you are affiliated with or in any way associated with Appartisan Limited, Pay4Bugs, Attigo Corporation or any of its affiliates or subsidiaries or send any unsolicited e-mail (spam) in any way referring to any of the foregoing. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Pay4Bugs, or any other Pay4Bugs service
You may use Pay4Bugs subdomains (if any) solely as permitted and intended by the Service and for no other purpose. You may not use Pay4Bugs subdomains in violation of Pay4Bugs's trademark or other rights or in violation of applicable law. Pay4Bugs reserves the right at all times to reclaim any Pay4Bugs subdomain without liability to you.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Pay4Bugs.
You agree not to distribute unsolicited commercial messages (spam) through your account on the Service.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Pay4Bugs customer, tester, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Pay4Bugs) of other Pay4Bugs customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Pay4Bugs does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. You understand that you assume all risk associated with the receipt of data or information from Testers, even if paid by Pay4Bugs, in the event that such information is illegally transferred to you in any jurisdiction having jurisdiction of you, a Tester, Pay4Bugs or the Service. You agree to indemnify and hold Pay4Bugs harmless as a result of such transfer.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAY4BUGS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAY4BUGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PAY4BUGS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) EXCLUDING AMOUNTS PAID TO TESTERS THROUGH YOUR USE OF THE SERVICE. IN ALL CASES, PAY4BUGS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
The failure of Pay4Bugs to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Pay4Bugs and governs your use of the Service, superseding any prior agreements between you and Pay4Bugs (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Ohio law.
Questions about the Terms of Service should be sent to: [email protected].
Tester Terms of Service