Terms and Conditions

Last updated April, 2024

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 7.

These General Terms and Conditions ("Terms") apply to your use of the website at www.testerup.com ("Platform") and the services offered there ("Module" or "Modules") or through an associated mobile application ("App") (collectively, the "Services") by aestimium GmbH, Rödingsmarkt 39, 20459 Hamburg, Germany ("Provider," "we," "us," "our"). By using the Services, you ("Member," "you," "your") agree to these Terms. Modules may have their own applicable Terms in addition to these Terms.

PLEASE NOTE THAT DIFFERENT TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. ‎MAKE ‎SURE YOU ‎READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR JURISDICTION OF ‎RESIDENCE, AS APPLICABLE.‎ These specific terms concern important aspects of our agreement, ‎including how you consent to these terms, your consumer cancellation rights, our rights to ‎terminate your account or access to the Services, your right to receive refunds, our warranties and ‎liability, and the law applicable to these terms. There are currently jurisdiction-specific terms for: (i) Australia; (ii) Canada; and (iii) the United Kingdom. These jurisdiction-specific terms can be found in Part C at the end of this document.

From time to time we may update these Terms by posting the updated version to the Platform and updating the "Last updated" date at the top of the page. We will notify you of changes as required by law. ‎If you continue using the Services and/or do not object to a notified change of the Terms within five (5) business days of our notification, you are deemed to consent to the updated Terms.

Part A: General provisions

1. Account

1.1. When you register for an account on the Platform, you are asked to enter your full name and e-mail address and to choose a password. You may log in using these credentials or through your Facebook account, Google account, or Apple ID. You represent that the information with which you register is correct, complete and up-to-date, and you must notify us of any changes to your information. You may only maintain one account at a time.

1.2. Within your account, you can update your information and activate or deactivate the Platform’s available Modules.

1.3. You can deactivate your account at any time. This will deactivate all Modules you are using and pause any paid subscriptions within the Modules. If you do not delete your account, we will retain your account information for up to twelve (12) months, and you can reactivate your account during this time.

1.4. If there have been no logins or other activity on your account for at least twelve (12) consecutive months, your account is deemed inactive. In addition, if you have a profile for only one Module within the Platform and there have been no logins or other activity on the profile for 12 consecutive months, your Platform account is deemed inactive. We will notify you approximately one (1) month, then again one week, before an account becomes inactive. Once an account becomes inactive, we will assess a fee of $5.00 (or local equivalent) per month on any balance associated with inactive accounts until the account is reactivated by a login or other activity on the account ("Inactivity Fee"). If you are subject to an Inactivity Fee, we will notify you at least thirty (30) days prior to deducting fees. If you have a profile in more than one Module on the Platform, when one of your Module profiles has no logins or other activity for 12 consecutive months, that Module profile is deemed inactive. If you have earned a balance on your Platform account through the inactive profile, we will assess an Inactivity Fee with regard to this balance only .
If your account remains inactive for the amount of time specified by applicable state law, usually three (3) to five (5) years, it will be considered abandoned, and we will be required to remit any remaining funds to the appropriate state agency as unclaimed property. We may also charge to any remaining balance additional fees associated with delivering abandoned funds to the appropriate state agency.

1.5. If you violate applicable law or these Terms, we may delete your account and bar you from future use of the Services.

1.6. You are responsible for keeping your account credentials private, and you agree not to share your login credentials with others. You are solely responsible for all activity that takes place under your account, including unauthorized activity. Please notify us immediately if you become aware of any unauthorized access to your account or use of your credentials.

1.7. We handle any information (including personal information) associated with you and your account in accordance with our Privacy Policy.

2. Permissible uses

2.1. To register for an account, you must be 18 years or older and reside in a country where the Modules are offered (USA, Canada, UK, Australia).

2.2. You may only register an account for personal use. You may not use the Modules for a commercial purpose, including advertising. If you use the Earn Money Module ("Earn Money"), you may only do so to earn money for yourself, and not as part of a broader commercial enterprise.

2.3. You must use the Modules in accordance with these Terms. We reserve the right to deactivate or delete of your account (as described in Section 1.5 above) if you violate these Terms.

2.4. You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by us. This includes: :

Use the Services in any way or for any purpose that is unlawful, fraudulent, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by us in our sole discretion.
Purport to be someone you are not, use or attempt to use the Services under another person’s name or identity, use another person's face, likeness, photo or government identification to pass verification checks, or otherwise provide false information in connection with the Services.
Upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
Use the Services for any purpose not permitted in these Terms.
Upload, post, reproduce, or distribute any content that violates the privacy/publicity of any other individual or entity, or contains anything that you are under a contractual obligation to keep private or confidential.
Cheat or otherwise behave deceptively in the use of the Services and Modules.
Access, retrieve, capture, or in any way collect information from or about the Services using crawlers, scraping tools, bots, spiders or any other automated means.
Transmit through the Services any unauthorized communication, including but not limited to bulk or "junk" emails, chain letters, spam, or any advertising or promotional materials or any other form of solicitation; or interfere with, disrupt, or create undue burden on the Services or the networks or other systems connected to the Services by means including, but not limited to, hacking into the Services or using the Services to send unsolicited emails or other communications.
Circumvent or attempt to circumvent any of the Services’ security measures, reverse engineer any portion of the Services, obtain the Services’ source code, decrypt any encrypted portion of the Services, or create back doors or any form of unauthorized access to the Services.
Compromise the security of the Services, including by uploading, posting, emailing, or otherwise transmitting any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation or features of the Services.
Make available, copy, modify, transmit, create derivative works from, use, sublicense, sell, or reproduce the Services or any content on or accessible through the Services without our prior written consent, as discussed in Section 3.1 below.
Use or develop applications that interact with the Services, in whole or part, by itself or through third parties.

3. Intellectual property

3.1. All content on the Services, including but not limited to text, graphics, audio files, videos, photographs, surveys, logos or other materials, are the intellectual property of, or are authorised for use by, the Provider and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. You may not modify, reproduce, create derivative works from, republish, display, upload, post, transmit or distribute any material on the Services in any way without our prior written consent.

3.2. By displaying, publishing, or otherwise posting any content on or through the Services, you hereby grant us a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any content, as well as the right to sublicense content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones or in video or music software computer programs. Please see below for terms applicable to content submitted through Earn Money.

3.3. You represent and warrant that you own any content or information submitted, displayed, published, or posted by you on the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing, or posting of any content or information you submit, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any person or entity.

4. Disclaimer of warranties

SOME JUSRIDICTIONS, INCLUDING AUSTRALIA AND THE PROVINCE OF QUÉBEC, CANADA, DO NOT ALLOW DISCLAIMERS OR RESTRICTIONS ON CERTAIN LEGAL WARRANTIES, GUARANTEES, CONDITIONS, OR TERMS IMPLIED OR IMPOSED BY LAW. IF YOU ARE A RESIDENT OF THE PROVINCE OF QUÉBEC, THIS SECTION 4 DOES NOT APPLY TO YOU TO THE EXTENT IT PURPORTS TO LIMIT ANY LEGAL WARRANTIES, GUARANTEES, CONDITIONS, OR TERMS IMPLIED OR IMPOSED BY LAW APPLICABLE IN AUSTRALIA OR THE PROVINCE OF QUÉBEC.

THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, GUARANTEES, CONDITIONS, OR OTHER TERMS, EXPRESS OR IMPLIED OR IMPOSED BY LAW, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN. WE DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM THE SERVICES WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

5. Limitation of liability

TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, NOR SHALL PROVIDER BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PROVIDER’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SERVICES OR ANY RECORDS OR PROGRAMS. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, PROVIDER OR ITS AFFILIATES OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGE DUE TO A NEGLIGENT ACT, THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES PURCHASED THROUGH THE SERVICES AND/OR THE SUBMISSION OF AND/OR PROVIDER’S USE OR DISTRIBUTION OF CONTENT PROVIDED BY USERS, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF PROVIDER AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS TWENTY-FIVE DOLLARS ($25) (OR LOCAL EQUIVALENT).

NOTHING IN THIS SECTION 5 EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.

6. Indemnification

You agree to indemnify and hold harmless the Provider, its parent, subsidiaries, affiliates, contractors, and agents, and each of their officers, directors, employees, and agents, from and against any and all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable attorneys’ fees and costs, related to your use of the Services or violation of these Terms or any use of the Platform, Modules, their content, or violations of the Terms by your dependents; or which arises from the use of content or other material you submitted, posted, or otherwise provided to us or the Services. In the event of a claim by a third party, you agree to provide us with all information necessary for us to defend against such a claim.

7. Governing law; disputes

IF YOU ARE A RESIDENT OF CANADA OR AUSTRALIA, THE FOLLOWING SECTIONS 7.1 AND 7.2 DO NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF THE UNITED KINGDOM, THE FOLLOWING SECTION 7.1 DOES NOT APPLY. PLEASE SEE PART C FOR YOUR JURISDICTION SPECIFIC TERMS.

7.1. These Terms, and any claims, suits, proceedings, and other actions of any kind arising out of, relating to, or concerning these Terms and the discussions contemplated hereby ("Claims"), shall be interpreted and construed under the substantive laws of the State of New York without reference to its conflict of laws principles. For all Claims, each party hereto irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the federal and state courts located in New York, New York, for any Claims (and each party agrees not to commence any Claim relating thereto except in such courts). Each party hereto hereby irrevocably and unconditionally waives any objection to the laying of the venue of any Claim, in the federal and state courts located in New York, New York, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such Claim brought in any such court has been brought in an inconvenient forum.

7.2. To the extent permitted by applicable law, any Claim must be brought within two (2) years of the date such Claim first accrued. ALL CLAIMS MUST BE BROUGHT IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AND PROVIDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8. Business transfers

We may transfer any and all of our assets if we, or any of our businesses, undergo organizational restructuring (e.g., a sale, merger, or acquisition), or in the event of insolvency, bankruptcy, or receivership. Your account and associated information may be among the assets transferred.

9. Miscellaneous

9.1. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability or any remaining provisions; and if possible, such provision shall be deemed replaced by a valid and enforceable provision that reflects the intent of the original provision as closely as possible.

9.2. Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Provider, shall not be deemed a breach of these Terms.

9.3. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.

9.4. These Terms constitute the entire agreement between us and you regarding the Services and your use of the Services.

9.5. To the extent of any conflict between this Part A of the Terms and any subsequent sections, the provisions of the subsequent sections shall take precedence over the provisions of Part A.

Part B: Special terms for the "Earn Money" Module

This Part B applies to your use of the "Earn Money" Module in addition to Part A above.

1. Description; participation

1.1. Earn Money allows you to participate in online surveys and test products, apps, websites, games, and other products or services (each a "Task," and collectively, "Tasks") of third parties (our "Clients"). We provide you with Tasks through Earn Money, and our Clients receive the results of Tasks. Subject to these Terms, you earn money in the amount stated in the Task description ("Payment") for successfully completing a Task.

1.2. Our Clients, not the Provider, determine the contents, requirements, and other details of the Tasks. Thus, we make no representations about and are not liable for claims arising from any content or other material in, or accessible through, the Tasks.

1.3. We and our Clients may ask you for information about yourself, including information about your preferences.

1.4 We may ask for information about yourself, including information (such as a selfie or scan of your driver’s license of other means of identification) to verify your identity.

1.5. We or one of our Clients may offer you certain Tasks based on your completion of previous Tasks for that Client or information you have provided to us or that Client.

1.6. Depending on the notification preferences you have communicated to us and/or the settings on your device, you may be notified of Tasks via email and/or push notifications. You must complete the Tasks through the app "testerup" (iOS) or "testerup" (Android). We have no obligation, contractual or otherwise, to notify you of Tasks and you have no right, contractual or otherwise, to participate in or be notified of Tasks.

1.7. The description of the Task, including the deadline and the Payment amount, are provided along with the Task. Tasks may include requirements or specifications for how they must be completed ("Task Requirements"). You must comply with the Task Requirements to successfully complete the Task and receive Payment.

1.8. After you complete a Task and we confirm that you have met any Task Requirements, Payment will be credited to your Platform account. Payment is credited in accordance with and subject to the terms, conditions, and restrictions of Section 3 below, "Payment".

1.9. You can cash out amounts of $70 (or local equivalent) or more that are credited to your account. Your ability to cash out any amount is subject to the terms, conditions, and restrictions of Section 3 below, "Payment".

2. Your obligations

2.1. You may only have one Earn Money profile at a time. Creating more than one Earn Money profile at the same time is a violation of these Terms.

2.2. In completing Tasks, you must be truthful and only make statements about products or services that you have actually used. You should try to be objective and fair and should avoid exaggerated statements.

2.3. You may only complete Tasks in your capacity as an individual consumer and not as the agent or representative of any group or entity.

2.4. In addition to meeting any Task Requirements, your submission must not contain any content or language that violates the Terms or that is unlawful, fraudulent, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, violative of another person’s intellectual property rights, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by us in our sole discretion.

2.5. You must submit a Task by the deadline stated in the Task description to receive Payment.

2.6. Your use of Earn Money does not constitute an employment relationship between you and us or between you and any of our Clients.

3. Payment

3.1. You will be paid for completing Tasks in conformity with any Task Requirements. You will only be paid once per Task.

3.2. Payment will be credited to your Platform account in your local currency. In some cases, before payment is credited to your account, we may require you to provide proof that you have completed the Task, such as screenshots.

3.3. You can cash out amounts of $70 (or local equivalent) or more, although we may, in our sole discretion, set a lower limit depending on the circumstances. Before you can cash out any amount, we may require you to verify your liveness and/or identity. This process may involve the collection and processing of biometric information. If you do not complete the liveness check and/or identity verification process, or if your liveness and/or identity cannot be verified, we may withhold payment or take other actions in our sole discretion (such as account suspension or termination).

3.4. You have no right to payment (i.e., to receive credit on your account or cash out any amount), and we reserve the right not to pay you:

3.2.1. Before you have submitted a Task;

3.2.2. If you submit a Task after the deadline stated in the Task description;

3.2.3. If your submission does not conform to any Task Requirements;

3.2.4. If your balance is below $70 or local equivalent;

If you provide false information in connection with the Services;
If you do not complete the liveness check and/or identity verification process or we are unable to verify your liveness and/or identity, or if you fail the liveness or identity verification check (for example, if we determine that you are not the person you purport to be, or you are not the user associated with the account through which you seek payment); or
If you are in breach of these Terms.

3.5. If you delete your account, you may cash out the entire amount in your account even if it is below $70 or local equivalent, by creating a support ticket via our help center. We may refuse your request if your account does not exist, to comply with applicable law, or pursuant to our policies, including these Terms, and in particular this Section 3 of these Terms (for instance, if you do not complete the liveness check and/or identity verification process or we are unable to verify your liveness and/or identity, or if you fail the liveness or identity verification check).

3.6. Payment is made using the information you have provided in your Platform account for receiving payments. You are solely responsible for ensuring that this information is accurate and up to date. We reserve the right to, but have no responsibility to, independently verify the accuracy of this information.

3.7. You are solely responsible for paying any applicable taxes or other fees on payments.

3.8. You may not assign your claim to a Payment to someone else without our prior consent. Any attempted assignment without our consent will be deemed void and of no effect.

3.9. If after issuing a payment, we determine that you obtained the payment by means of fraudulent, deceptive, or illegal activities or in violation of these Terms (for example, if you used a fake photo ID in connection with any identity verification check), we reserve the right to pursue all remedies available to us at law, in equity, and under these Terms.

4. License to Task submissions

4.1.By submitting content to complete a Task, including proof of completion, you grant us an unlimited, irrevocable, non-exclusive, sub-licensable, transferable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any such content, as well as the right to sublicense such content to third parties for use on other media or platforms known or hereinafter developed, such as for use on mobile phones or in video or music software computer programs.

4.2.You represent and warrant that you own the content submitted to complete a Task and otherwise have the right to grant the license set forth herein; and that the displaying, publishing, or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any third party.

4.3 You grant us the right to retain the content of your submissions for as long as permitted by applicable law, including after the deletion or termination of your account or the deletion of the content from the Services.

5. Deactivation and deletion of Earn Money

5.1. You may deactivate the Earn Money Module at any time and for any reason. If you do so, we may maintain information about your Earn Money profile for twelve (12) months, during which time you can reactivate Earn Money. After this time, your Earn Money profile may be deleted.

5.2. Your Earn Money profile is deemed inactive if there have been no logins or other activity on the profile for twelve (12) consecutive months. We will notify you approximately one (1) month before the profile becomes inactive. Once a profile becomes inactive, your Earn Money balance is subject to an Inactivity Fee (see Part A, Section 1.4 above).

5.3. We may terminate your Earn Money account or profile if you violate applicable law or the Terms in your use of Earn Money (including if you provide false information in connection with the Services). If we believe you have violated applicable law or these Terms, we may, in our sole discretion, decide to temporarily suspend your profile for Earn Money and/or other Modules, and/or your Platform account, while we investigate. If we determine that you did not engage in such activity, we may reactivate your account and Earn Money profile. If we determine, in our sole discretion, that you did engage or are engaging in such activity, we may terminate your account and Earn Money profile and bar you from future use of Earn Money or the Services. If your account or profile is terminated or suspended, you may no longer be able to access or use any balance or credits associated with that account or profile and we may revoke or withhold them permanently.

Part C: Local Country Addendum

Depending on your place of residence, the above Terms of Part A and Part B may be subject to the following local changes.

1. Australia

For Members residing in Australia, the following provisions shall apply. All other provisions of the Terms shall remain the same except as provided herein. To the extent of any inconsistency or contradiction between this Part C and the body of the Terms, the terms of this Part C shall prevail.

1.1. Section 1.4 of Part A of the Terms is hereby replaced with the following:

" If there have been no logins or other activity on your account for at least twelve (12) consecutive months, your account is deemed inactive (“Inactivity Period”). In addition, if you have a profile for only one Module within the Platform and there have been no logins or other activity on the profile for 12 consecutive months, your Platform account is deemed inactive. We will notify you approximately one (1) month, then again one week, before an account becomes inactive. If you decide not to reactivate your account by logging in during the Inactivity Period, then your account may be closed by us and deleted. If you have any credit in your Platform account, you must withdraw these credits amounts from your Platform account during the Inactivity Period otherwise you will be unable to convert your credit amounts to cash and withdraw these amounts from your Platform account. For the avoidance of doubt, if you do not ‘cash-out’ your credits during the Inactivity Period you will lose your right to all credits and you will no longer be able to access, or be entitled, to these amounts."

1.2. Section 5.2 of Part B of the Terms is hereby replaced with the following:

"Your Earn Money profile is deemed inactive if there have been no logins or other activity on the profile for the Inactivity Period. We will notify you approximately one (1) month before the profile becomes inactive. If you decide not to reactivate your Earn Money profile by logging in or performing any other activity during the Inactivity Period, then your Earn Money profile may be closed by us and deleted. If you have any credit in your Platform account, you must withdraw these credits amounts from your Platform account during the Inactivity Period otherwise you will be unable to convert your credit amounts to cash and withdraw these amounts from your Platform account. For the avoidance of doubt, if you do not ‘cash-out’ your credits during the Inactivity Period you will lose your right to all credits and you will no longer be able to access, or be entitled, to these amounts.

1.3. Sections 7.1 and 7.2 of Part A of the Terms are hereby replaced with the following:

"7.1. These Terms, and any claims, suits, proceedings, and other actions of any kind arising out of, relating to, or concerning these Terms and the discussions contemplated hereby ("Claims"), shall be interpreted and construed under the substantive laws of the state or territory you reside in, and the laws of the Commonwealth of Australia, without reference to its conflict of laws principles.

7.2 For all Claims, each party hereto irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of competent jurisdiction located in the state or territory you reside in, for any Claims (and each party agrees not to commence any Claim relating thereto except in such courts). Each party hereto hereby irrevocably and unconditionally waives any objection to the laying of the venue of any Claim, in the courts located in state or territory you reside in, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such Claim brought in any such court has been brought in an inconvenient forum."

1.4. All references in these Terms to $ or any other currency shall be read as AUD $. The exchange rate is one by one, i.e. one (1) $ amounts to one (1) AUD $.

2. Canada

For Members residing in Canada, the following provisions shall apply. All other provisions of the Terms shall remain the same except as provided herein. To the extent of any inconsistency or contradiction between this Part C and the body of the Terms, the terms of this Part C shall prevail.

2.1. Section 1.4 of Part A of the Terms is hereby replaced with the following:

"If there have been no logins or other activity on your account for at least three (3) consecutive months ("Inactivity Period"), your account is deemed inactive. In addition, if you have a profile for only one Module within the Platform and there have been no logins or other activity on the profile for the Inactivity Period, your Platform account is deemed inactive. We will notify you approximately one (1) month, then again one week, before your account becomes inactive. If you decide not to reactivate your account by logging in during the Inactivity Period, then your account may be closed by us and deleted. If you have any credit in your Platform account, you must withdraw these credits amounts from your Platform account during the Inactivity Period otherwise you will be unable to convert your credit amounts to cash and withdraw these amounts from your Platform account. For the avoidance of doubt, if you do not ‘cash-out’ your credits during the Inactivity Period you will lose your right to all credits and you will no longer be able to access, or be entitled, to these amounts."

2.2. The following is added to Section 2 of Part A of these Terms:

"2.1 If you are in British Columbia, New Brunswick, Nova Scotia, Newfoundland and Labrador, Yukon, Northwest Territories, and Nunavut, you must be 19 or older to register for an account.

2.3. Section 7.1 of Part A of the Terms is hereby replaced with the following:

"7.1. These Terms, and any claims, suits, proceedings, and other actions of any kind arising out of, relating to, or concerning these Terms and the discussions contemplated hereby ("Claims"), shall be interpreted and construed under the substantive laws of the province or territory you reside in, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles.

For all Claims, each party hereto irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of competent jurisdiction located in the province or territory you reside in, for any Claims (and each party agrees not to commence any Claim relating thereto except in such courts). Each party hereto hereby irrevocably and unconditionally waives any objection to the laying of the venue of any Claim, in the courts located in province or territory you reside in, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such Claim brought in any such court has been brought in an inconvenient forum."

2.4. Section 3.7 of Part B of the Terms is hereby replaced with the following:

"3.7. You are solely responsible for collecting and remitting any applicable excise, sales, goods and services, use, value added or other taxes imposed by any governmental authority on any Payments made to you (each, an "Applicable Tax"). You are responsible for any error or omission in relation to Applicable Taxes and you will indemnify and hold harmless Provider for any liability Provider incurs as a result of any such error or omission (including penalties and interest)."

2.5. The following is added as a new Section 3.10 of Part B of the Terms:

"3.10 You acknowledge that you are acting and will act only as an independent contractor and, in any event, never as an employee, agent, partner, or joint venture of or with Provider. Provider will not provide any employee-like benefits or any direct or indirect compensation ‎other than what the Payments expressly described herein."

2.6. Section 4.1 of Part B of the Terms is hereby replaced with the following:

"4.1 By submitting content to complete a Task ("Task Content"), including proof of completion, you grant us an unlimited, irrevocable, perpetual, non-exclusive, sub-licensable, transferable, worldwide, fully-paid, royalty-free license to use, copy modify, translate, publish, perform, display, reproduce, distribute and transmit such Task Content, in any and all media now known or hereafter developed, for the purpose of operating, marketing and improving the Services, without the requirement to make payment to you or to any third party, or attribution of any kind, or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any such Task Content, as well as the right to sublicense such content to third parties for use on other media or platforms known or hereinafter developed, such as for use on mobile phones or in video or music software computer programs. You hereby waive any moral rights, droit morale, or other similar rights of authorship and integrity in and to any Task Content in favor of Provider."

2.7. Section 5.2 of Part B of the Terms is hereby replaced with the following:

2.8. All references in these Terms to $ or any other currency shall be replaced with kan$. The exchange rate is one by one, i.e. one (1) $ amounts to one (1) kan$.

3. United Kingdom

For Members residing in the United Kingdom, the following provisions shall apply. All other provisions of the Terms shall remain the same except as provided herein. To the extent of any inconsistency or contradiction between this Part C and the body of the Terms, the terms of this Part C shall prevail.

3.1. Section 1.4 of Part A of the Terms is hereby replaced with the following:

3.2. Section 7.1 of Part A of the Terms is hereby replaced with the following:

"These Terms, and any claims, suits, proceedings, and other actions of any kind arising out of, relating to, or concerning these Terms and the discussions contemplated hereby ("Claims"), shall be interpreted and construed under the laws of England and Wales. For all Claims, each party hereto irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the English courts, for any Claims (and each party agrees not to commence any Claim relating thereto except in such courts). If you reside in Scotland or Northern Ireland, any local laws will apply and claims may be brought in your local country courts."

3.3. Section 5.2 of Part B of the Terms is hereby replaced with the following:

3.4. All references in these Terms to $ or any other currency shall be replaced with GBP£. The exchange rate is one by one, i.e. one (1) $ amounts to one (1) GBP£.