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

  1. You must be 13 years or older to use this Service.

  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. One person or legal entity may not maintain more than one free account.

  8. 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:

  1. 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.

  2. 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.

  3. 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

  1. 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.

  2. 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”).

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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

  1. All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number.

  2. An upgrade from the free plan to any paying plan will immediately bill you.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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

  1. 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.

  2. 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.

  3. 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

  1. 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.

  2. 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.

  3. 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.

  4. The look and feel of the Service is copyrighted by Appartisan Limited. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Pay4Bugs.

I. General Conditions

  1. 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.

  2. Support for Pay4Bugs services is only available in English

  3. 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.

  4. 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.

  5. 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.

  6. 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

  7. 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.

  8. 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.

  9. You agree not to distribute unsolicited commercial messages (spam) through your account on the Service.

  10. 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.

  11. 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.

  12. 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.

  13. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

  14. You must not transmit any worms or viruses or any code of a destructive nature.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. Questions about the Terms of Service should be sent to: [email protected].

Tester Terms of Service

1. Your relationship with Attigo Corporation
1.1 Your submission of bugs(as the term "bug" is defined in 6.1) to Attigo Corporation’s Pay4Bugs Site (hereinafter the “Site”) is subject to the terms of a legal agreement between you and Attigo Corporation (hereinafter "Appartisan"). This document explains the terms of that agreement.
1.2 Unless otherwise agreed in writing with Appartisan, your agreement with Appartisan will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “BASIC Terms”.
1.3 Your agreement with Appartisan will also include any Legal Notices applicable to your use of the Site in addition to the BASIC Terms. All of these are referred to below as the “Supplemental Terms”. Where Supplemental Terms apply to your submission of bugs these will be accessible for you to read either within, or through your use of the Site.
1.4 The Basic Terms, together with the Supplemental Terms, form a legally binding agreement between you and Appartisan in relation to your use of the Site. It is important that you take the time to read them carefully. Collectively, these Terms are referred to as the “Agreement”.
1.5 If there is any contradiction between what the Supplemental Terms say and what the Basic Terms say, then the Supplemental Terms shall take precedence in relation to the use of the Site.
2. Accepting the Terms
2.1 In order to use the Site, you must first agree to the Agreement.
2.2 You can accept the Agreement:
(A) by clicking to accept or agree to the Agreement, where this option is made available to you by Appartisan in the user interface; or
(B) by actually using the Site. In this case, you understand and agree that your use of the Site is acceptance of the Agreement from that point onwards.
2.3 You may not use the Site and may not accept the agreement if (a) you are not of legal age to form a binding contract with Appartisan, or (b) you are a person barred from using the Site under the laws of the United States or other countries including the country in which you are resident or from which you use the Site.
2.4 Before you continue, please print off or save a copy of the Basic Terms for your records.
3. Language of the Agreement
3.1 This Agreement is in the English Language. If Appartisan has provided a translation or summary in another language it is only for your convenience. You agree that the English meaning governs the Agreement.
3.2 If there is any contradiction between the English language version of the Agreement and a translation or summary then the English language version shall take precedence.
4. Use of the Site by You
4.1 In order to use the Site, you may be required to provide information about yourself (such as identification, contact details or payment information) as part of the registration and/or payment process for the Site, or as part of your continued use of the Site. You agree that any registration and/or payment information you give to Appartisan will always be accurate, correct and up to date.
4.2 You agree to use the Site only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Appartisan, unless you have been specifically allowed to do so in an agreement with Appartisan.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site).
4.5 Unless you have been specifically permitted to do so in a separate agreement with Appartisan, you agree that you will not reproduce, duplicate, or copy the Site.
4.6 You agree that you are solely responsible for (and that Appartisan has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which Appartisan may suffer) of any such breach.
5. Your Account Security
5.1 You agree and understand that Appartisan maintains account security by requiring use of an OpenID provider. It is exclusively your responsibility to insure that your OpenID provider does not improperly identify a party to be you, since Appartisan will exclusively rely on that identification in providing access to your account.
5.2 Accordingly, you agree that you will be solely responsible to Appartisan for all activities that occur under your account. Any payment made by Appartisan to the location designated by your account at the time of payment shall be deemed payment to you whether or not you actually receive the amount paid and shall satisfy any and all obligations of Appartisan.
5.3 If you become aware of any unauthorized use of your account your only recourse is to remedy the problem with your OpenID provider.
6. Role and Use of Site
6.1 You agree that this Site is simply a means to bring parties who wish to have a discrepancy, defect or error in their software (“Bug” or “Bugs”) detected and you, who wish to examine that software for Bugs.
6.2 You agree that you will not use this Site or any information provided or obtained from this Site to contact or attempt to contact another party who is submitting Bugs on this Site or any party who has identified software on this Site to be debugged, except by means and in a manner expressly permitted by the Site.
6.3 You agree that the Site is time sensitive and that information and postings on the can change frequently on the Site. The Site may contain referrals to other web sites which Appartisan can not review or endorse and it undertakes no such obligations. Therefore you agree to assume all responsibility for any information or material you encounter by the use of the Site which may be misleading, deceptive, offensive, and inaccurate or in any other manner or form objectionable. You agree to use prudence, caution and common sense when using the Site.
6.4 You agree that Appartisan simply brings you and clients together and it does not conduct, nor can it conduct and review of any kind concerning the honesty, competence, reliability, character or any other attribute of the client. You agree to assume all risk associated with use of the Site and any interaction or transaction associated with the Site.
6.5 You agree that in connection with your use of the Site you will not attempt to duplicate or reverse engineer or in any other way appropriate property of clients or Appartisan available or described on the Site.
6.6 You agree that your conduct on the Site or with other persons or clients associated with the Site will at all times be professional and courteous.
6.7 By submitting content you hereby grant Appartisan and the Site a world-wide, perpetual, royalty-free license to use, copy, modify, display and perform such content, under your intellectual and property rights worldwide.
7. Privacy and Your Personal Information
7.1 For information about Appartisan’s data protection practices, please read Appartisan's privacy policy at http://pay4bugs.com/privacy. This policy explains how Appartisan treats your personal information, and protects your privacy, when you use the Site.
7.2 You agree to the use of your data in accordance with Appartisan’s privacy policies in addition you specifically agree to permit Appartisan to share your information with Clients, as the term is defined in 9.4 below.
8. Requirements for the Submission of Bugs
8.1 In order to be eligible for payment a Bug must submitted must be in the manner and form described in the Site at the time of submission.
8.2 You agree that Appartisan in its sole discretion shall determine whether a Bug has been submitted as required by 8.1.
8.3 You represent and warrant that you have legal right to content which you submit to or in connection with the Site and that content you submit does not infringe the or misappropriate the property of a third party or does not infringe or violate and law or regulation, or that it will be obscene, defamatory or libelous, or contain viruses or other programming routines designed to damage or interfere with the operation of the Site or client’s software, or intercept or appropriate any system or personal data.
9. Referrals
9.1 You may be entitled to a referral commission described on the referral page of the Site. You may not refer yourself or create multiple accounts for referrals to obtain referral commissions. You may not partner with another person to share or transfer the commission made from your own account. Commissions will be included in your account and must meet the terms in 10 herein for payment. No referrals apply for someone is an employee of Appartisan, its parent or affiliate in any capacity.
9.2 Additional conditions and rates for referrals are contained on the referral page of the Site.
10. Conditions for Payment for Bugs
10.1 You agree that Appartisan and any client of Appartisan whose software is identified on the Site as software, whose owner/designers will pay for Bugs identified in their software (“Client”), shall determine in their sole discretion whether a party who submits a Bug is entitled to payment. Only the First party who submits a specific Bug shall be entitled to payment. You will receive notification of the determination as to whether a Bug you identified entitles you to payment or has been rejected by notification on the Site.
10.2 Determination as to whether a Bug qualifies for payment is final unless specific provisions on the Site permit that determination to be contested. If the Site provisions permit you to contest a determination that a Bug submitted does not entitle you to payment, then the conditions on the Site shall be deemed Supplemental Terms of this agreement between you and Appartisan. You agree that Appartisan and each client shall the right to unilaterally accept or reject a bug reported by you and that you shall not receive payment in the event of such rejections, and you agree that Appartisan shall have no liability in the event of such rejections.
10.3 You shall be responsible for payment of all payment fees associated with your account, which shall be deducted from the amount due to you.
10.4 Appartisan has no obligation to pay you for Bugs submitted and approved until the amount owed to you exceeds a certain minimum amount in any calendar year (“Accrued Minimum Amount”) which is identified on the Site.  Appartisan in its sole discretion may change The Accrued Minimum Amount and it shall apply to all sums that have presently accrued in your account. Payment shall be made on or about the 20th of the month for all amounts in your account in the preceding month provided that in the preceding month the amount in your account exceeds the Accrued Minimum Amount. Amounts in your account that are not paid shall continue to accrue until such time as the Accrued Minimum Amount is met or the account is closed and the amount remaining in the account is forfeited. If you do not accrue more than the Accrued Minimum Amount in any 365 day period after the account is opened, then the Appartisan may close the account and all accrued sums are forfeited.
10.5 Appartisan shall have no obligation to pay you for Bugs identified in the software of third parties (“Clients”) on the Site which you have identified and it has been determined that you are entitled to payment until such time as Appartisan receives the payment, including fees due Appartisan from the Clients.
10.6 Appartisan shall only be obligated to make payments in US Dollars and by methods identified by Appartisan on the Site. Any amounts displayed on the Site in other currencies are for reference purposes only. In the event that Appartisan or its clients elect to pay in currency other than US dollars, they shall, at the sole discretion set the rate of exchange.
10.7 You agree that Appartisan shall only pay the amount described on the Site for each Bug identified and approved regardless of the time you spend to identify the Bug. The price paid per bug may change from time to time based on numerous factors, so you must check the site regularly to determine current prices. The price for a bug is determined by the price posted on the Site at the time of the bug’s submission.
10.8 You agree that it is your obligation to arrange for payment by one of the means which Appartisan has identified on the Site. In the event that you have no done so within 90 days of the time at which the amount in your account meets the Accrued Minimum Amount, you shall forfeit the entire amount accrued in your account.
10.9 All fees and payments are rounded up to the nearest cent.
11 Taxes and Other Governmental Obligations
11.1 You agree that it is your obligation to comply with all applicable governmental regulations related you your receipt of any monies paid to you by Appartisan including but not limited to the reporting of all sums received from Appartisan and the payment of all taxes you may owe as a result of the monies received from Appartisan.
11.2 You agree to indemnify and hold Appartisan harmless for any claims made against that result from your failure to comply with 10.1.
11.3 In the event that Appartisan determines that it has a reporting obligation in connection with funds paid to you agree to provide Appartisan with such information or complete such forms as Appartisan deems in its sole discretion are necessary to comply with that reporting obligation.
11.4 You agree that Appartisan may withhold payment on any sums due to you until you comply with 11.3.
12. Risk With Respect To Client Software on Site
12.1 Appartisan makes no representation or warranty concerning the honesty or financial condition of Clients who use the Site, including but not limited to any verification information.
12.2 You understand that you assume all risk associated with the receipt of sums from Clients, even if paid Appartisan, in the event that such sums are via fraudulent or illegal means and you agree that you will return any sums paid to you that have been determined that by a governmental entity having jurisdiction over you or Appartisan, or both determine is to be repaid.
12.3 You agree to indemnify and hold Appartisan harmless as a result of your failure to comply with 12.2.
13 Nature of Accounts
13.1 You agree that you will have no more than one account on the Site in which you are directly or indirectly the beneficial party in interest, regardless of the name or description of the account.
13.2 In the event you do not comply 13.1, Appartisan shall have the right to terminate all accounts and you shall forfeit all amounts accrued in the forfeited accounts.
13.3 You may not use an account of the Site to earn sums on Client software where you have a beneficial interest in that Client software, or where you have an obligation, directly or indirectly, by employment or contract or otherwise to provide programming services in connection with that software. In the event that you do not comply with this provision, Appartisan may immediately terminate all of your accounts and you will forfeit all accrued sums. In addition, you shall be obligated to return all sums paid to you by Appartisan through the account and you hereby consent to judgment for sums which you are required to return pursuant to this provision.
14. Ownership of Bugs Identified
14.1 By submission of a Bug you hereby grant to Appartisan all rights title and interest of any kind, property right or otherwise, to Appartisan regardless of whether you are paid for the submission.
14.2 Appartisan shall have the unrestricted right to transfer, disclose or disseminate information provided as a Bug in any way it chooses.
14.3 By submission of a Bug you hereby warrant and represent to you have the legal right to make the submission and the grant the right rights described in
15. Dispute Between You and Client
15.1 You understand and agree that the Site’s sole purpose is to serve as a middleman bringing together Clients who wish to have their software reviewed and persons who are willing to perform the service of reviewing the software.
15.2 You acknowledge that Appartisan undertakes no review of the legitimacy, financial condition, of clients and you acknowledge that you are assuming all risk and liability associated with using the Site and performing services for any client on the Site.
16. Proprietary rights
16.1 You acknowledge and agree that Appartisan (or Appartisan licensors) own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that your use of the Site may result in the disclosure of information which is designated confidential by Appartisan and that you shall not disclose such information without Appartisan’s prior written consent.
16.2 Unless you have agreed otherwise in writing with Appartisan, nothing in the BASIC Terms gives you a right to use any of Appartisan’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
16.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Appartisan, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Agreement.
16.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained on the Site.
16.5 Unless you have been expressly authorized to do so in writing by Appartisan you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
16.6 You acknowledge that information disclosed to you by Appartisan or a Client of the Site with respect to software to be debugged is their property and you agree not to disclose any information concerning this software that is not in the public domain to any party without the express written consent of Appartisan or its Client, whoever was the source of the disclosure.
17. Your Relationship With Appartisan
17.1 You agree that your use of the Site does not constitute employment of you by Appartisan or its Clients.
17.2 You agree that your use of the Site does not permit you to claim that you are affiliated with or in any way associated with Appartisan, 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 or Clients of the Site.
17.3 You agree that your use of the Site does not create any legal relationship between you, Appartisan and the Site, except as expressly stated in this Agreement.
18 Ending your relationship with Appartisan
18.1 The BASIC Terms will continue to apply until terminated as set out below.
18.2 If you want to terminate this agreement with Appartisan you may do so by (a) notifying and (b) closing your account on the Site, where Appartisan has made this option available to you. Your notice should be sent by email to [email protected]
18.3 Appartisan may at any time, terminate this agreement with you if:
(A) you have breached any provision of the Agreement (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement); or
(B) Appartisan is required to do so by law (for example, where use of the Site by you is, or becomes, unlawful); or
(C) Appartisan is transitioning to no longer providing the access to the Site to users in the country in which you are resident or from which you use the Site; or
(D) the use of the Site by you is, in Appartisan’s opinion, no longer commercially viable.
18.4 When this Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Appartisan have benefited from, been subject to (or which have accrued over time whilst this Agreement have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
19. EXCLUSION OF WARRANTIES
19.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT APPARTISAN's WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE’S USE IS PROVIDED "AS IS" AND “AS AVAILABLE.”
19.3 IN PARTICULAR, APPARTISAN, ITS SUBSIDIARIES AND AFFILIATES, CLIENTS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE WILL BE CORRECTED.
19.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
19.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPARTISAN OR THROUGH OR FROM THE CLIENTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
19.6 APPARTISAN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
20. LIMITATION OF LIABILITY
20.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 20.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPARTISAN, ITS SUBSIDIARIES AND AFFILIATES, CLIENTS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY FACT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CLIENT THAT APPEARS ON THE SITE;
(II) ANY CHANGES WHICH APPARTISAN MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
(III) YOUR FAILURE TO PROVIDE APPARTISAN WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(V) THE FACT THAT BUGS YOU SUBMITTED WERE NOT APPROVED FOR PAYMENT OR ACCRUED SUMS WERE FORFEITED;
20.2 THE LIMITATIONS ON APPARTISAN’S LIABILITY TO YOU IN PARAGRAPH 20.1 ABOVE SHALL APPLY WHETHER OR NOT APPARTISAN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
21. In consideration for Appartisan granting you access to and use of the Site, you agree that Appartisan may place advertising on the Site.
22. Other content
22.1 The Site may include hyperlinks to other web sites or content or resources. Appartisan may have no control over any web sites or resources which are provided by companies or persons other than Appartisan.
22.2 You acknowledge and agree that Appartisan is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
22.3 You acknowledge and agree that Appartisan is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
23. Changes to the Terms
23.1 Appartisan may make changes to the BASIC Terms or Supplemental Terms from time to time. When these changes are made, Appartisan will make a new copy of the BASIC Terms available and any new Supplemental Terms will be made available to you from within, or through, the Site.
23.2 You understand and agree that if you use the Site after the date on which the BASIC Terms or Supplemental Terms have changed, Appartisan will treat your use as acceptance of the updated BASIC Terms or Supplemental Terms.
24. General legal terms
24.1 Sometimes when you use the Site, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Agreement with Appartisan does not affect your legal relationship with these other companies or individuals.
24.2 This Agreement constitutes the whole legal agreement between you and Appartisan and governs your use of the Services (but excluding any services which Appartisan may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Appartisan in relation to the Site.
24.3 You agree that Appartisan may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site.
24.4 You agree that if Appartisan does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Appartisan has the benefit of under any applicable law), this will not be taken to be a formal waiver of Appartisan’s rights and that those rights or remedies will still be available to Appartisan.
24.5 YOU AGREE TO HOLD APPARTISAN AND ITS AFFILIATES AND CLIENTS HARMLESS FOR ALL LOSSES, INCLUDING ATTORNEYS FEES, THAT IT MAY SUSTAIN AS A RESULT OF YOUR BREACH OF ANY WARRANTY OR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT.
24.6 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of this Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
24.7 You acknowledge and agree that each member of the group of companies which includes the parent, affiliate or subsidiary of Appartisan shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Agreement.
24.8 The Agreement, and your relationship with Appartisan under the Agreement, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You agree that Appartisan shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

June 1, 2015