Terms and Conditions ("Terms")

Last Modified: Jun 10, 2022

1. Acceptance and Conclusion of the Agreement

This is an agreement (“Agreement”) between Userbrain GmbH (“Userbrain"), the owner and operator of www.userbrain.com and of the applications, software and services offered by Userbrain (as defined below and together as the “Platform”), and you (“you”, “your” or “User”), the User of the Platform.

Throughout this Agreement, the words “Userbrain,” “us,” “we,” and “our,” refer to our company, Userbrain, as appropriate in the context of the use of the words.

By registering as a Userbrain tester and by accessing or using the Platform or the Userbrain Services you agree to all terms and conditions of this Agreement. We reserve the right to modify or amend this Agreement and our Privacy Policy at any time. In the case of a modification or amendment we will notify you in due time. If you do not agree with the Terms of Service or the Privacy Policy, please stop using the Platform and all Userbrain Services immediately.

2. User Information and Accounts

Users must register or log in before accessing the Platform or the Userbrain Services. Your data will be recorded and disclosed as stated in our Privacy Policy. The accuracy of the information to be provided regarding your identity, including your age and country of residence, are of fundamental significance to Userbrain and its clients. All Users must provide truthful and accurate information when registering for our Platform, may only register for one account at a time, and must be over the age of 18.

We reserve the right to verify all User data and to reject Users. We also reserve the right at our discretion to grant or deny accounts created by Users. The right to reject or delete User accounts shall continue to apply at any later point in time, unless another, more specific provision of these Terms and Conditions applies in that case. You shall be solely responsible for keeping all account information up to date and for keeping confidential your account information and any and all activities related to your account. You must not share your access to and use of your account with any third party. You agree to immediately notify Userbrain of any unauthorised use of your account or any other breach of security. Userbrain shall not be liable for any losses you incur as a result of someone else using your password or account, be it with or without your knowledge.

3. Access

After registration we shall grant you access to the Platform as permitted by us and in accordance with this Agreement, if required. All rights not explicitly and expressly granted vis-à-vis Users shall be reserved for Userbrain. If you download software to access our Platform, we shall grant you a limited, fully revocable, non-exclusive license to download a copy of our Platform onto your electronic device(s), as permitted by us. If you violate this Agreement, your access or license to use our Platform may be terminated at our discretion. Additionally, we may revoke your access or license to use our Platform if we believe that your actions may harm us, our business interests, or any third-party rights. Failure by us to revoke your access shall be considered no approval of misconduct or waiver of claims that may result therefrom.

4. Platform Ownership

The User acknowledges that the structure, organization, design, and code of the Platform and all related software components are proprietary to Userbrain and/or Userbrain's licensors and that Userbrain and/or its licensors retain(s) exclusive title to the Platform, any and all documentation, information and any and all other proprietary rights, intellectual property rights or copyrights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed by Userbrain hereunder. The User shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, any parts of the Platform including modifications or amendments, enhancements, derivatives, and other software or materials developed under this Agreement, or any intellectual property rights and copyrights. The User shall neither remove any (intellectual) property rights, copyrights, trademark rights of any kind, or other rights from any part of the Platform, nor modify or otherwise edit them, including any and all modifications, enhancements, derivatives, and other software and materials developed by Userbrain. The User agrees to use all necessary and reasonable efforts to comply with the above provisions in such a way that Userbrain's rights under this Agreement will be maintained.

5. Platform and Services

Via the Platform, Userbrain may make services available to you, including but not limited to user testing services (together as the “Userbrain Services”). Via the Userbrain Services, Users may test, and provide feedback on, software companies, mobile applications, and websites for Userbrain clients and other third parties (each a “Test”). Please be aware that any Userbrain Services and the Platform are offered “as is” and “as available.” Additionally, the Userbrain Services along with any information or content available on our Platform, including any and all notifications, reports, analyses, or tools provided, are offered for information purposes only. You agree that any and all information on or notifications by the Platform may be inaccurate, unsubstantiated or possibly even incorrect. The Platform and Userbrain Services do not constitute legal, professional, medical, or healthcare advice or diagnosis, and may not be used for such purposes. Furthermore, Userbrain shall not be liable vis-à-vis Users for any third-party content, including but not limited to content, User Content, third-party content, Test content, data, information, copies, images, URL names, or anything else submitted by you or any third parties using the Platform (together as “Non-Userbrain Content”). Specifically, Userbrain shall not be liable for any errors or inaccuracies related to any Non-Userbrain Content. The User or the third party submitting such Non-Userbrain Content to the Platform or making it accessible there shall be solely responsible and liable for any and all errors. In addition, we shall not be liable for any damage or other disadvantages of whatsoever kind which result from an interruption or fault of the Platform or its termination that is directly or indirectly caused by circumstances beyond our control, including but not limited to causes attributable to Users, such as (without limitation): any kind of accident or force majeure; strikes; riots; attacks; real or digital attacks or assaults of whatever kind; wars; pandemics; any kind of acts of God such as floods, lightning, earthquake, wind, ice, extreme weather conditions, or any other kind of force majeure and act of God; any kind of technical failure; changes or restrictions by laws, regulations, court decisions, actions or directives by a government restricting or prohibiting the operation of or access to the Platform; etc.

6. Tests

The Users may only conduct Tests which have been authorised by the Platform or uploaded onto the same in order to be conducted by the specific User. The Users agree to provide truthful and accurate information before and while conducting any Tests on the Platform. From the information provided on the website on Tests and the work of testers, from actually conducting Tests, as well as from this explicit record and agreement Users know that they will not be given instructions from Userbrain as to how Tests are to be conducted specifically, and that they will neither be monitored in doing so nor employed. Of course, this shall not apply to information that the User definitely needs to understand the Tests and for the basic ability to conduct the same accordingly. The way the Tests will be conducted will be determined and controlled solely by you, an independent contractor. The User acknowledges and agrees that Userbrain does not recommend or endorse or is liable for any non-Userbrain materials, products, content, or the like or any other external content or conduct of third parties or third parties which gain access to the Platform in connection with the Tests. Please be aware that we are not required to make available any Tests and that we may stop offering Tests or other Userbrain Services at our discretion. For some Tests special requirements regarding authorisation and equipment may apply, which will be stated on the Platform. The User shall be responsible for verifying that they meet all authorisation and equipment requirements stated for the relevant Test. Userbrain reserves the right and discretion to define all authorisation requirements for a User and to deny any User the right to participate in a Test offered on the Platform. It may also do so subsequently, i.e., after a User has conducted a Test, if it turns out that a User did actually not meet the authorisation and equipment requirements.

7. Confidentiality of Tests

You agree that all Tests are confidential. You agree that you will not use, disclose or otherwise make known to third parties any Tests, recordings, or any associated information or the like, unless such information is publicly known or Userbrain has expressly permitted you to do so. This obligation shall apply during and, for an unlimited period of time, also after the end of the contract term. In the event of a violation of the obligation to maintain secrecy, the User undertakes to pay a contractual penalty in the agreed lump sum of USD 5000, which shall be irrespective of fault and independent of whether a specific damage has been caused or not. Such contractual penalty shall become due for payment at the time at which Userbrain obtains knowledge of the violation. Additional claims for damages or other claims of Userbrain or third parties shall remain unaffected thereby. The reasonableness of this contractual penalty is expressly recognised and shall be subject to no judicial right of reduction. You hereby agree to sign a separate non-disclosure agreement in the event that Userbrain or a client of Userbrain asks you to do so.

8. User Responsibilities

The User hereby expressly represents and warrants that: (1) the User shall provide all materials related to conducting Tests, including but not limited to electronic equipment, network connections, video recording equipment, and other devices as required to conduct Tests, and shall bear all other expenses that may be necessary for conducting Tests; (2) the User is duly authorised, provides complete and accurate information regarding their identity, and has the power to enter into this Agreement; (3) the User does not violate any agreements with third parties as a result of entering into this Agreement with Userbrain; (4) the User will in good faith abide by this Agreement and all other laws, rules, and directions, including information that is provided by Userbrain for correctly conducting Tests; (5) the User shall conduct the Tests professionally and conscientiously, which includes, without limitation, that the User fully discharges all tasks and fully answers the questions asked, that audio and video recordings are in place free from faults or interruptions, that the User audibly voices their thoughts during the Test and that they have uploaded the Test recording in its entirety; (6) the User shall use the Platform only for legal and lawful purposes.

9. Protection of the User's Data

We value your privacy and understand your data security concerns. Please read our Privacy Policy to inform yourself about and understand our data protection practices. All information we collect is subject to our Privacy Policy.

10. Use of the Platform

The User shall be solely responsible for their entire use of the Platform. You also agree to the following:

  • You must not copy any part of the Platform to or distribute or disclose any part of the Platform in any medium, including, without limitation, by any automated or non-automated “scraping”;
  • You must not attempt to interfere with or compromise the system integrity or security of the same, or decipher any transmissions to or from the servers running the Platform;
  • You must not use any robot, spider, crawler, scraper or other automated means or interfaces not provided by us to access the Platform or to extract data;
  • You must not use automated bots or other software to send more messages via our Platform than what is reasonable, goal-oriented and common in the case of proper use;
  • You must not use the Platform on a computer that is used to operate nuclear plants, life support, or other business-critical applications where life or property may be at stake;
  • You must not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan or distribute the Platform or parts of it, or create derivative works or improvements to it;
  • You must not access our Platform in an attempt to build a similar or other rival product;
  • You must not use the Platform unlawfully;
  • You must not take any action that imposes, or at our sole discretion may impose, an unreasonable or disproportionately high load on our infrastructure;
  • You must not collect any personal data, including account names, from the Platform, except where this is permitted;
  • You must not impersonate any person or entity or misrepresent your affiliation with any person or entity;
  • You must not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
  • You must not violate any requirements, procedures, policies or regulations of any networks connected to Userbrain;
  • You must not sell, lease, loan, distribute, transfer, or sublicense the Platform or access thereto or derive income from the use or provision of the Platform unless the functionality of our Platform so allows;
  • You must not interfere with or disrupt the Platform;
  • You must not violate any Austrian laws or regulations and you solely are responsible for such violations;
  • You agree not to use the Platform in any way that is misleading, unlawful, defamatory, obscene, threatening, disparaging, or harassing.
  • You agree that you will not hold Userbrain responsible for your use of our Platform; and
  • You agree not to cause, or assist in, the disruption, destruction, manipulation, removal, deactivation, or compromising any part of our Platform, including the de-indexing or de-caching of any part of our Platform from a third-party website, such as by requesting its removal from a search engine.

If you are found to be undertaking any of the aforementioned actions your privileges to use our Platform may be terminated or suspended at our discretion. If we believe that your actions may harm us or third parties, we may suspend or terminate your use of the Platform. In principle, we will provide an explanation when suspending or terminating your use. We reserve the right to lock or terminate any account at any time without giving notice or an explanation.

11. User Content

The User’s ability to submit or transmit information via the Platform, including but not limited to data, reviews, video content, written content, images, or any other information will be referred to as “User Content” herein. Please be aware that we are not required to host, accept, display, migrate, or forward your User Content; and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide security as customary in the industry, but we cannot guarantee the absolute security of such User Content. User Content found to be in violation of this Agreement or that we consider to be harmful to the Platform may be modified, edited, or removed at our discretion.

When you submit User Content to us, you grant Userbrain, its partners, affiliates, Users, representatives, and employees a non-exclusive, limited, free-of-charge, revocable, world-wide, universal, transferable and assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, create derivative works, or to use and reuse all or part of your User Content for the purpose of providing services associated with the Platform for the duration of this Agreement. You agree that this license allows us to share your User Content with our clients. Additionally, you grant Userbrain a worldwide, unlimited, irrevocable, free-of-charge license to use and incorporate into the Platform any suggestions, enhancement requests, recommendations, corrections or other feedback provided by you relating to the operation of our Platform. We reserve the right to remove, delete, modify, review, edit, or refuse User Content for any reason, and with or without notification to you.

12. Additional Permission for User Content

When submitting User Content to us, you agree that all of the individuals whose names, voices, photographs, likenesses, etc. which have been used in the User Content, have agreed to the User’s use thereof, and that Userbrain shall have the right to use all names, voices, photographs, likenesses, etc. contained in the User Content in connection with the exploitation, editing, use, etc. of the license granted under this Agreement. Furthermore, you represent and warrant the following: (1) The User owns all User Content provided or has obtained a license to use the same; (2) the User Content does not infringe on any copyrights, moral rights, trademark or other intellectual property rights and will not infringe on any rights to privacy or rights of publication or any other rights; (3) the User Content provided does not violate any Austrian or international laws, or any agreements with third parties; and (4) the User has an unrestricted right to grant to Userbrain all rights, licenses, and privileges granted or assigned to Userbrain under this Agreement.

13. Checking User Content

Userbrain shall have the right, but not the obligation, to check all User Content on the Platform at all times to verify compliance with this Agreement and all policies established by us. Without limiting the foregoing, Userbrain shall have the right, but no obligation, to remove User Content at its sole discretion. For example, we may remove User Content if we believe that User Content may harm us or our (business) interests. Except where required by law, we have no obligation to retain User Content or provide you with copies thereof.

14. Platform Availability

Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be 100% reliable or available. We cannot guarantee that everything found on our Platform will be compatible with your devices and/or will work to the functionality desired by you or deliver the desired results.

15. Modification of the Platform

We reserve the right to alter, modify, update, or remove the Platform or parts thereof, at any time at our discretion. We may modify our Platform for security reasons, intellectual property, legal or various other reasons at our discretion, and we shall not be required to explain such modifications or grant you access to previous versions of our Platform. For example, we may provide updates to fix security gaps, to respond to statutory requirement, or for any other reasons at our discretion. Please note that this is a non-binding illustration of how we might exercise our rights under this Clause, and nothing in this section puts us under an obligation to take measures to update the Platform for security, legal or other reasons.

16. Non-Circumvention

The User agrees to use the Platform as the exclusive means of communication by and between you and all Userbrain clients. You shall not be allowed to attempt to provide any Userbrain clients with any of your contact details and you agree not to attempt to contact such Userbrain clients via social media or any other means of communication. This non-circumvention clause does not preclude you from using or purchasing any products or services from Userbrain clients. You hereby give Userbrain permission to review communications made between you and any of our clients on the Platform to verify and enforce compliance with this provision. Where you breach this provision, we may withhold any and all payments and may terminate your account at our discretion.

17. Payments/Forfeiture

Once a User has completed a Test, the User shall be required to upload such Test to the Platform. Userbrain shall review the User Content submitted to ensure that the Test has been satisfactorily completed. Please be aware that approval of any completed Tests is at Userbrain’s sole discretion, and any completed Test may be rejected at Userbrain’s sole discretion. Approval may be based on a number of factors, including but not limited to, recording quality, information submission, failure to follow test instructions, and other criteria defined by Userbrain. Upon approval Userbrain shall issue a credit note for the User’s account reduced by any service charges, processing charges, taxes or other deductions (“Userbrain Fee”) to the User. The amount credited for any completed Test may be viewed on the Platform or the User’s account dashboard. Userbrain reserves the right to modify or adapt credits for completed Tests or Userbrain Fees at any time. If Userbrain changes a Userbrain Fee Userbrain shall contact and notify the User before any such increase in the Userbrain Fee is initiated. In the event of a dispute between the User and Userbrain, the User agrees that Userbrain may withhold all funds until such dispute is resolved. In order for the User to withdraw payments, Userbrain may require a minimum threshold to be reached within a User’s account prior to a payout and registered data, including but not limited to name and address, to be checked for plausibility. Where a payout request is made, such a payout may take time to process but will generally be credited to the User’s account within one week.

For as long as the User does not request that the fee for concluded tests be paid out to them, it will be entered on the Platform or the User's account dashboard as a "credit balance". The User may view his or her credit balance and request a payout of the same at any time.

From the time a fee is credited to the User's account dashboard as a credit balance, the User will have one (1) year's time to request that the credit balance be paid out to them. Thereafter the credit balance shall be forfeited irrevocably.

In case the User requests that a credit balance be paid out more than one year after it was initially credited to their account, the credit balance, or rather the claim to a payout of the fee, shall be forfeited.

Userbrain will inform the User of the possibility of a payout and the otherwise imminent forfeiture via email and/or text both six (6) months and fourteen (14) days prior to the imminent forfeiture. If no such information is given, Userbrain shall not be able to claim this provision on forfeiture. Userbrain shall be free to claim the statutory periods of limitation and forfeiture nonetheless.

18. Taxes

In order for Userbrain to comply with tax laws, Users may be required to submit the tax records requested by Userbrain. The User agrees to comply with all requests to submit tax records, as requested by Userbrain, and shall reasonably assist Userbrain with any requests related to its tax compliance. The User knows and declares that they are solely responsible for any tax issues and actions relating to their activities, including but not limited to the calculation and payment of the taxes, fees, charges, etc. payable by them.

19. Account Lock/Termination of the Agreement

For important reasons, Userbrain may place a temporary or a permanent lock (early termination of the Agreement for important reason) (“Lock”) on a User’s account.

The reasons why we may place a temporary Lock on a User’s account include the following: (1) we have reason to believe that you or your actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party's contractual right; (2) at the request of our payment processors; or (3) if required to comply with a court order, a subpoena, a judicial order, an interim injunction, or as otherwise required by applicable laws or regulations.

Any breach on the part of the User of their material obligations under this Agreement (in particular Clauses 2 to 5, 6 to 9 and 11) constitutes an important reason that entitles us to place a permanent Lock on the account and to immediately dissolve the contract, without us waiving our right to claim damages or assert any other claims vis-à-vis the User. Such a violation shall lead to a loss of the User's claim to payment (Clause 18). In the case of termination, we will endeavour to issue a statement to you in due time; we are, however, not obliged to do so.

Userbrain shall decide on a case-to-case basis depending on the severity of the violation and the reasonableness of continuing the contractual relationship whether the Lock will be temporary or whether it will be permanent and the contract will be dissolved. In any case the User shall continue to be required to comply with those terms and conditions in the compliance with which we will have a legitimate interest also after the end of the contract term (in particular the obligation to maintain secrecy defined in Clause 8). If you have questions about a Lock we may have placed on your account, or if you need information about how to resolve the Lock, please do not hesitate to contact us.

20. Inactivity

If a User has not accessed their account for an extended period of time, Userbrain may suspend, deactivate, or otherwise archive the User’s account (“Inactive Account”). If the User wishes to reactivate an Inactive Account, they must contact Userbrain at tester@userbrain.com. Where a User has an Inactive Account, Userbrain may maintain the account at its discretion. However, any Inactive Accounts may be removed or deleted by Userbrain at its sole discretion. Where the User has an Inactive Account, Userbrain shall not be liable vis-à-vis the User for any loss of materials from such an Inactive Account and shall have no obligation to maintain an Inactive Account.

21. Intellectual Property

The name “Userbrain”, the Userbrain Platform along with the design of the Userbrain Platform and all texts, writings, images, templates, scripts, graphics, interactive features, and all trademarks or logos contained therein ("Marks") are owned by or licensed to Userbrain, subject to copyright and other industrial property rights under Austrian and foreign laws and international conventions. Userbrain reserves all rights to the Platform not expressly granted to Users. You agree to not use, copy, or distribute anything contained within the Platform, unless we have given our express written permission.

22. Submission of Ideas

Userbrain or any of its employees shall not accept or consider submissions of unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, graphics, suggestions, or other works (“Submissions”) in any form to Userbrain. The purpose of this Clause is to avoid potential misunderstandings or disputes where Userbrain’s products would be similar to ideas you submitted to Userbrain. If you send us such content despite our request not to do so, the following shall apply: (1) Userbrain will automatically become the sole owner of your Submissions and their content including all other rights (i.e. the submitter loses any and all rights: they are transferred to Userbrain in their entirety) without any compensation for you; (2) Userbrain may use or pass on the Submissions and their content for any purpose and in any way; (3) there is no obligation for Userbrain to review the Submissions; and (4) there is no obligation to treat any Submissions as confidential.

23. Disclaimer

The Platform and all Userbrain Services shall be provided on an "as is", "as available" and "including all faults" basis. To the fullest extent permitted by law, neither Userbrain nor any of our employees, managers, directors or representatives shall make any representations, warranties, or recommendations of any kind whatsoever, regarding, without limitation: (1) the Platform or any Userbrain Services; (2) any Information or Content provided on the Platform; (3) the safety or stability of the Userbrain Services or the Platform; (4) the safety in connection with the transmission of information to Userbrain or third parties. In addition, we disclaim any warranties or liabilities, express or implied, including but not limited to the fitness for a particular purpose, user definition, undisturbed availability, non-infringement of rights of third parties, system integration, and freedom from computer viruses. Userbrain makes no representations or warranties that the Platform will be error-free or uninterrupted; that defects will be remedied; or that the Platform or the server that makes the Platform available is free from any harmful components. Userbrain makes no representations or warranties that the information (including any instructions or third-party information) on the Platform is accurate, complete, or useful. Userbrain assumes no warranty that your use of the Platform is lawful in any particular jurisdiction, and Userbrain specifically excludes any liability resulting therefrom. Userbrain shall assume no warranty or liability for the accuracy, completeness, up-to-dateness, or usefulness, etc.

In no case shall Userbrain, any of its employees, managers, directors or representatives be liable vis-à-vis you for direct or indirect damage or incidental and consequential damage or other disadvantages of any kind, whether by contract or law, or in the case that Userbrain is informed about the fact that such damage may occur. The above limitation of liability shall, to the extent permitted by law, apply in the competent jurisdiction. In some jurisdictions the limitation or exclusion of liability for certain damage is not admissible. To the extent that this is not permitted, we shall not exclude liability for the following in those jurisdictions: (1) death and physical injury caused by Userbrain or any of its employees, managers, directors or representatives; (2) wilful damage; (3) any liability the exclusion of which is not in conformity with the law of the applicable jurisdiction neither currently nor in the future. However, any admissible exclusions shall remain unaffected by the inadmissibility of specific exclusions; thus, if only specific exclusions are inadmissible, any admissible exclusions of liability shall be maintained. Even in the case of inadmissibility of an exclusion of liability, Userbrain stipulates a limitation of liability to the effect that Userbrain's liability shall not exceed the amounts Userbrain paid as a fee to the (harmed) tester/User in the preceding six (6) months.

24. Indemnity

You agree to indemnify and hold harmless Userbrain, its employees, managers, directors, affiliates, and representatives, from and against any and all claims, damage, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to cost of proceedings and attorney's fees) arising from any and all breaches of contract and/or unlawful actions in connection with this Agreement, in particular those that occur due to

  • your use of and access to the Userbrain Platform and the Userbrain Services;
  • your violation of any provision of this Agreement, in particular the obligation to maintain secrecy; or
  • your violation of any third-party rights, including without limitation any copyright, proprietary, or contractual right.

This defence and indemnification clause will survive the term of this Agreement and the use of the Userbrain Platform. You also agree that at our request you have an obligation to defend us against such claims at your cost and risk, and in such cases, we may require you to pay for our attorney. This obligation also extends to payments for any and all court costs, fees, fines, payment obligations in connection with court or official decisions, and any other expenses. In the event of a claim such as the one described in this Clause, we may choose to settle with the party/parties asserting the claim and you shall be liable for the consequences and costs resulting therefrom as if we had initiated legal proceedings.

25. Copyrights

We take copyright infringement very seriously. If you believe that any of your content has been infringed upon, please send us a message which contains:

  • your name,
  • the name of the party whose copyright has been infringed, if different from your name,
  • the name and description of the work that is being infringed,
  • the location of the infringing copy on our Platform,
  • a statement that you believe, in good faith, that the use of the copyrighted work described above has not been authorised by the copyright owner (or a third party who is legally entitled to do so on behalf of the copyright owner) or otherwise permitted, and
  • an affidavit that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive statutory right to institute infringement proceedings with respect to its use. You must sign such notification and send it to our Copyright Agent: Copyright-Agent of Userbrain, tester@userbrain.com


In the event that you receive a notification from Userbrain stating that content posted by you has been protected by copyright, you may respond by filing a counterstatement pursuant to the DMCA. Your counterstatement must contain the following:

  • your name, address, email address and physical or electronic signature,
  • the notification reference number (if applicable),
  • identification of the material and its location before it was removed,
  • an affidavit that the material was removed by mistake or misidentification,
  • your consent to the jurisdiction of a federal court in the circuit where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the circuit where your vendor is located (if you are not in the U.S.)),
  • your consent to accept service of process from the party who submitted the deactivation notification.

Please be aware that we are not allowed to take any action regarding your counterstatement unless your notification strictly complies with the foregoing requirements. Please send this counterstatement in accordance with the deactivation request instructions above.

26. Choice of Law

This Agreement shall be governed by Austrian law. The offer and acceptance of this agreement shall be deemed to have occurred in Austria.

27. Place of Jurisdiction

Any disputes arising out of or in connection with this Agreement, including the issue of valid conclusion, existence or non-existence, and any avoidance or challenge of this Agreement, shall be exclusively settled by the court in Graz, Austria, having jurisdiction over the subject matter.

28. Independent Contractor Status

This Agreement shall not be construed to create any association, partnership, joint venture, employee, staff or agency relationship between the User and Userbrain. The User shall act on their own responsibility. The User shall not be bound by any instructions regarding the rendering of their work, in particular when it comes to working hours, place of work, work-related behaviour, or personal obligation to work. Where they can be represented by suitable third parties, they shall notify us thereof and assign any obligations; in that case, they shall remain responsible for proper performance and indemnify and hold harmless Userbrain. The User shall meet the requirements for rendering the work that might be necessary according to law applicable at their habitual residence or the registered office of their company. The User shall be solely responsible for the payment of taxes on the income in connection with this Agreement and social security contributions as per the law. In this regard, the User shall indemnify and hold harmless Userbrain. The User shall not be entitled (and shall not pretend to be authorised) to put Userbrain under any obligation or bind it in any way, and the User shall not enter into any agreements or make any representations in the name of Userbrain without the prior written approval from Userbrain. The User shall be responsible for all claims, receivables, fines, legal actions, etc. related to this Clause and shall indemnify and hold harmless Userbrain, including for any claims brought by the User or a third party with respect to taxes or contributions, including interest, fines, and any other receivables.

29. Severability Clause

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as if it had been entered into without that unenforceable provision being part of it.

If two or more provisions of this Agreement or any other agreement you may have concluded with Userbrain are deemed to be in conflict with one another in terms of function, Userbrain shall have the sole right to elect which provision will remain in force.

30. No Waiver of Right to Enforcement/Through Silence

We reserve all rights to which we are entitled under this Agreement or any provisions of any applicable laws. Non-enforcement of any particular statutory provision or of provisions of this Agreement shall not be construed as Userbrain's waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. The same applies to silence/inaction on the part of Userbrain, which shall not be construed as consent or a waiver of rights.

31. Transfer of Rights/Obligations

You shall not assign or transfer your rights and/or obligations under this Agreement to any other person without our prior written consent unless otherwise and more specifically provided in this Agreement. We may assign or transfer our rights and/or obligations under this Agreement to another person at our discretion.

32. Termination by the User

You may terminate your account at any time via your Userbrain dashboard or by contacting us at tester@userbrain.com. Please be aware that upon termination of your account, access to parts of our Platform will be disabled immediately and any User Content will become immediately inaccessible. Upon termination, the Agreement shall be dissolved with immediate effect. By their termination, the User represents that they have waived their rights or claims vis-à-vis Userbrain. Even after termination of the Agreement, the User shall continue to be obliged to fully comply with all parts of this Agreement which can be reasonably taken to survive the validity of the Agreement and shall be bound by these terms and conditions, including but not limited to limitations of liability, payments, obligation to maintain secrecy and indemnity.

33. Modifications of or Amendments to the Agreement

Together with the Privacy Policy provided by Userbrain, this Agreement constitutes the entire and exclusive agreement between the Parties with regard to the subject matter contained therein and replaces any previous or concurrent written or oral agreements or agreements regarding its subject matter. Any modification of or amendment to a provision of this Agreement requested by the User shall be effective only if it is made in writing and signed by a duly authorised representative of each Party, i.e., if it has been agreed upon with Userbrain explicitly and in writing and has been duly signed. Where this Agreement is in conflict with other documentation provided on our website (except for the Privacy Policy and the Cookie Policy), this Agreement shall prevail.

We may modify or amend this Agreement at any time. If we modify or amend this Agreement, we will update this page and state the date of the last modification or amendment. Prior to the modification or amendment, we will inform you about the same by email and about your response options and their consequences. The modification or amendment will enter into force 30 days after the notification of the modification or amendment has been sent, unless a written objection is made before the end of that period, which will lead to termination of the Agreement. Thus, unless you object in due time and in the required form, you agree to the modification or amendment. If you object in due time and in the required form, the objection will be considered notice of termination (Clause 34).

34. Electronic Communications

You and Userbrain shall communicate electronically, whether you visit the Platform or send emails to Userbrain (tester@userbrain.com), or whether Userbrain posts communications on the Platform or communicates with you via mobile notifications or email. For contractual purposes, you (1) agree to receive communications from Userbrain in electronic form; and (2) agree that all terms, conditions, agreements, communications, disclosures, and other notifications that Userbrain provides to you electronically satisfy all legal requirements that such communications would satisfy if they were in writing. The foregoing shall not affect your statutory rights.

35. Platform and Communications

Should you have any questions or issues, or if you are having trouble accessing or using the Platform, please do not hesitate to contact us through the channels provided by Userbrain. You hereby agree that you will solely use channels approved by the Platform or Userbrain for all communications related to your use of the Platform or issues with this Agreement. Please contact us at tester@userbrain.com or at

Userbrain GmbH
Frauengasse 7
8010 Graz, Austria