TestLab ApS has developed a platform for testing prototypes, which can be accessed by logging into app.testlab.io (the ‘TestLab Platform’).
Confidentiality and security
You own the projects and prototypes you have developed yourself. All data (test results) created while testing your own prototypes on the TestLab Platform is treated with complete confidentiality and is not shared with third parties.
To the extent that the TestLab Platform allows you to write, upload, post or in any other way share information, images or other data with TestLab ApS, you agree that you are solely responsible for any content that you upload, and you declare and agree that you will not share anything which you do not have the permission or right to share.
All our pages run on SSL-encrypted websites (https), and we have designed the software with high security and great care in order to prevent unauthorised persons gaining access to data.
While the TestLab Platform has a high standard of data security, it is unfortunately not possible to guarantee complete security for data communicated to, from and via the TestLab Platform. When data is transmitted and stored electronically, there is always a risk that others may gain unauthorised access to protected data. TestLab ApS disclaims all liability for any breach in data security. TestLab ApS is also not liable for any hacker attacks, viruses or other forms of force majeure.
TestLab ApS strives to ensure a high availability for the TestLab Platform, but does not guarantee a specific uptime. It may be necessary due to technical factors, including security-related factors, to take the TestLab Platform offline from time to time for brief periods. Attempts will be made to arrange planned maintenance of the TestLab Platform such that it is always available on weekdays from 9:00 am to midnight, as far as possible, but an acute need to perform maintenance may arise within this interval, leading to reduced or no access. As far as possible, advance notice of planned updates will be provided via an email newsletter. You cannot raise any claims against TestLab, including for repayment of your subscription, as a result of downtime.
TestLab ApS further disclaims any liability for operational disruptions caused by a breakdown or unavailable communication lines or other supply problems due to third parties, such as Internet service providers, power utilities etc. TestLab ApS is not liable for any failure to fulfil its obligations – including in the event that use of the TestLab Platform is postponed, delayed or prevented – that is due to force majeure. Force majeure refers to matters outside TestLab ApS’s control and which TestLab ApS could not have reasonably foreseen when this contact was entered into. Examples of force majeure include unusual natural conditions, long case handling times by public authorities, war, terrorism, fire, vandalism, IT breakdowns, lack of sufficient labour force, flooding and labour disputes.
TestLab ApS cannot be held liable for any loss (including, but not limited to, lost profits, business interruption, loss of information or other indirect loss) resulting from the use of or inability to use the TestLab Platform. This applies even if TestLab ApS has been informed of the possibility of such losses. TestLab ApS cannot be held liable for direct or indirect losses of any kind, either as damages in contract or tort. TestLab ApS cannot be held liable for the content of the TestLab Platform or parts thereof, including in relation to, but not limited to, errors or omissions contained therein, libel, violation of the rights of publicity, protection of personal data, trademark rights, business interruption, bodily injury claims, invasion of privacy, moral rights or the disclosure of confidential information.
TestLab ApS disclaims liability for any actionable acts a test person (whether assigned by TestLab ApS or not) may perform in connection with work on your behalf, and liability for any cover/compensation in connection with any illness or occupational injury.
TestLab ApS has no direct insight into or control over content or data which you use under the agreement. We therefore also disclaim all liability in this respect. However, we have technical access to your user account, and therefore have access to your data in theory. In this respect, we may be viewed as the processor under the legislation governing the processing of personal data. In this connection, we undertake to (1) comply with your written instructions concerning the processing of personal data, and (2) implement the necessary technical and organisational measures to protect personal data. We continually collect information on user behaviour as you and other users make use of www.testlab.io and the TestLab Platform. This data collection is anonymous and is for the purpose of optimising services and the way www.testlab.io and the TestLab Platform are organised.
Your use of www.testlab.io and the TestLab Platform is entirely at your own risk, and it is your responsibility to ensure that your usage complies with applicable Danish law. You also accept that it is prohibited to:
a) Use www.testlab.io and the TestLab Platform for inappropriate or unlawful purposes, for publishing, sharing or disclosing any material which is defamatory, offensive, obscene or otherwise objectionable, for purposes that are in violation of the trust or confidentiality of any third-party rights, including copyright, trademarks or other intellectual property rights, or for purposes that are misleading, present fraudulent information about your identity or in any way suggest that you are sponsored by, affiliated with or a business partner of TestLab ApS.
b) Use or disrupt the TestLab Platform in a way that could damage, disable, overload, impair or compromise our systems or security, or interfere with other users.
c) Introduce or transfer via the TestLab Platform any disruptive computer program code, virus, denial-of-service or spam attack, worm, Trojan horse, permission key, licence check exploitation or software lock.
d) Reverse engineer, decompile or disassemble the TestLab Platform or otherwise attempt to discover the source code, except and only to the extent that this action is expressly permitted by applicable law, which applies despite this prohibition.
e) Market, sell or otherwise distribute the TestLab Platform, including software, logos, titles, audio files, figures or images, for commercial purposes, without prior written consent from us.
It is your responsibility to inform us of any changes to: address, telephone number, email address, CVR no. or other personal data linked to your account of relevance to payment etc.
Where you give us suggestions, comments, improvements, ideas or any other feedback, you thereby assign ownership and all intellectual property rights for this feedback to us, and you agree that we may use and share the feedback for any purpose we see fit.
NDA (non-disclosure agreement) as a test person
When you set up a test person profile via TestLab ApS, you enter into the following non-disclosure agreement concerning confidential information (the ‘Information’) that you as a test person have or will receive from TestLab ApS. The Information is given in the form of subsequent documents, prototypes etc.
You undertake to ensure that the Information remains inaccessible to unauthorised persons and that there is no risk that unauthorised persons might become aware of it.
You are not entitled to use the Information in any way other than for the intended purpose.
TestLab ApS is entitled, at any time, to obtain details on how you are protecting the Information from unauthorised access.
You undertake to not disclose the Information to any collaboration partner or employee etc., except to the extent this is clearly necessary or reasonable under the given conditions. Before you disclose the Information to others in such cases, they must be instructed on its confidentiality and must sign a non-disclosure agreement.
You must obtain TestLab ApS’s prior written consent before the Information may be wholly or partly disclosed to any party other than those referred to above. You are not permitted to copy the Information.
You are liable to pay damages to TestLab ApS for any losses resulting from a breach of this agreement. You are also liable in damages for any breach of the agreement by a third party to whom you have wholly or partly disclosed the Information.
Any dispute regarding this agreement must be heard by the ordinary courts of law in the inventor’s home country and in accordance with that country’s laws.