We understand that you may be utilizing UserTesting to test confidential or proprietary information and appreciate your trust. Test participants must agree to the UserTesting Participant Terms of Service, which governs their access and use of the testing platform, each time they sign in. These terms prohibit test participants from disclosing any details regarding your app or site that they may encounter during testing.
See our “Custom Confidentiality Terms” article for instructions on using the UserTesting confidentiality terms feature to attach your own confidentiality documents to your test.
We encourage you to review the full Terms of Service. What follows is language that prepares the individual doing the tests as to what confidential information they'll be exposed to and what their obligations are to maintaining that confidentiality:
4.1 Confidential Information
When you access the Platform, you will be shown or exposed to both Customer Confidential Information and UserTesting Confidential Information:
- “Customer Confidential Information” means the Tests developed by a customer, non-public information about a customer’s brand, design, content or current or potential offering, and the fact that the customer has requested that a test be completed on the Platform.
- “UserTesting Confidential Information” means all non-public content, designs, features, functions, elements and aspects of the Platform, and the test results.
Customer Confidential Information and UserTesting Confidential Information are referred to in these Terms of Service collectively as “Confidential Information.”
4.2 Your Obligations of Confidentiality
You agree not to disclose Confidential Information to anyone other than UserTesting or the Customer who developed the Test giving rise to the Confidential Information.
You agree not to use Confidential Information for any purpose other than completing the Tests you have accepted and assigning the Test Results to UserTesting.
Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by a court of competent jurisdiction or other applicable governmental authority or as required by applicable law.
You agree and acknowledge that your breach or threatened breach of this provision may result in irreparable harm to UserTesting or a Customer, for which money damages would be an insufficient remedy, and therefore that UserTesting or such Customer will be entitled to seek injunctive relief to enforce the provisions of this section.
As a third-party beneficiary to this Agreement, a Customer may enforce these confidentiality obligations against you directly. In some cases, a Customer may also require that you sign a separate non-disclosure agreement directly with them.