Terms of use
Dear (potential) test user,
Welcome to our Testing Terms and Conditions (“Terms“). We appreciate your visit to our website and your interest in our company, AVIV Group GmbH, a limited liability
company (Gesellschaft mit beschränkter Haftung) organized under the laws of Germany, having its registered office located at 65 Axel Springer Straße, 1088 Berlin (Germany), registered with the Berlin trade register under number HRB 172136 B, (hereinafter ‘AVIV’), (“we“). We offer test users (“you“) the opportunity to participate in
the testing of AVIV software, application or features (“Studies“).
Please read these Terms carefully before using AVIV or any affiliated sites, digital services or applications (together the “Website“) operated by us. By accessing the
Website, you accept these Terms. If you do not agree to these Terms, you must not use the Website.
We amend these Terms from time to time. We will inform you of such amendments in writing by sending an email to your specified email address. If you do not provide notice of termination within one month after the communication is sent or agrees to participate in another study, the change shall be considered approved.
1. Registration as a Test User
Anyone who would like to be selected as a test user must first register on the Website.
To register, you must be at least 18 years of age.
After registering, you will receive an email to verify your email address and subsequently will be entered in out testing database (“Database“).
Registration as a test user is free and voluntary. You can delete your data from the Database at any time at no charge.
For more information on how we handle your personal data and ensure its protection, please see our Privacy Policy.
Note: Part of our services under these Terms will be provided by our sub-contractor TestingTime AG, Weststrasse 50, 8003 Zurich, Switzerland. You can find their Privacy Policy here.
2. Participation in Studies
2.1. Types of Studies
You can participate in the Studies that will be proposed to you in relation to AVIV.
2.2. Selection of study participants
We will select participants for Studies based on your information in the Database, additionally requested data and the required characteristics of participants. If you are considered for a particular Study, we will contact you directly and invite you to participate in the our Study. Participants for Studies will be selected at our sole discretion and you have no claim to participate in any particular Study.
2.3. Confirmation of Participation
After being contacted by us as potential participant for a specific Study, you can confirm your participation in the Study within a certain time period communicated to the you.
If you agree to participate in a Study but fail to do so, we reserve the right to block you from participation in further Studies.
2.4. Remuneration
You receive a fixed fee for the participation in a Study, which will be communicated by us upon agreement to participate in the respective Study. You receive the fixed fee within 5 to 10 working days after participation in the Study. You must determine whether the fixed fee needs to be declared on your private income tax return. You explicitly forgo submitting the marginal employment earnings to the Swiss employment insurances (AHV / IV / EO and ALV).]
3. Responsibility and liability for Studies
We do not exclude or limit in any way our liability to you where it would not be permitted by law. This includes liability for personal injury or death by our or our employees, agents or subcontractors negligence as well as for fraud or fraudulent misrepresentation.
Other than that, we or our employees, agents, affiliated or subcontractors will not be liable to you in any way, in particular for any damages or losses in connection with your
participation or inability to participate in a Study, your use or inability to use of our Website, the content on our Website or any linked information or third-party website.
This Website may contain third party content or links to third party websites. We do not assume any responsibility for and do not make any warranties or representations as to
any third-party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness.
You remain fully liable in case of damages or breach to your obligations and will fully indemnify AVIV in such case.
4. Confidentiality
All content, information, or data, credentials or login that are accessible, shared, transferred or made available to you for the or related to the Study are highly confidential. You commit to ensure that they remain confidential and to not share or let them accessible to any third party. You understand that any breach of this obligation of confidentiality would be very prejudicial to AVIV to legal action and compensation.
This confidentiality obligation will continue for a period of 10 years after the end of the this agreement.
5. Termination
Both you and we may terminate the agreement at any time. No claims for damages may be asserted on the basis of the termination of the contractual relationship.
6. Validity of terms of use
If any provision of these Terms (in whole or part) is held to be illegal, invalid or otherwise unenforceable, it shall be replaced by a valid provision with a similar economic meaning. The other provisions will remain mutatis mutandis in full force and effect.
7. Jurisdiction
In the absence of any mandatory legal provision to the contrary, these Terms are governed by French law and you agree to the exclusive jurisdiction of the courts of Paris.
State: September 2024