TESTSTAR
Terms of Use

1.1 The provider is Teststar GmbH, Rödingsmarkt 39, 20459 Hamburg, Germany, registered at District Court Hamburg, HRB190020 (“Provider”).

1.2 The Provider operates Teststar (“Platform”), that enables you and other registered users (“Members”) to participate in product testing assignments arranged between you and external advertising partners ("Tasks"). These Tasks may include online surveys, product tests, app tests, and website tests. By actively participating in and fulfilling these Tasks in accordance with the following provisions, you may earn remuneration or other benefits.

1.3 These services offered by the Provider (“Services”) are accessible via the internet through both a mobile application (“Mobile App”) and a browser-based application (“Web App”; the Mobile App and Web App are collectively referred to as the “App”).

1.4 These Terms of Use govern your access to and use of the Services and shall apply in the version effective at the time of your registration or as subsequently accepted by you.

1.5 Your own terms and conditions of business shall not become part of the usage relationship between the Provider and you, even if not expressly rejected by the Provider.

1.6 These Terms of Use exclusively govern the contractual relationship between the Provider and you. If you download the Mobile App from the Apple Inc. App Store or the Google LLC Play Store, Apple Inc. and Google LLC shall not be deemed parties to these Terms of Use and shall not be responsible for the content of the Mobile App.

2.1 In order to use the Services, you are required to register an account (“Account”).

2.2 Individuals, who use the Services for private purposes and not in connection with any commercial or self-employed activity are entitled to register for the Services and create an Account to access the Services. A consumer is any natural person who enters into a legal transaction for purposes which, for the most part, cannot be attributed to their commercial or self-employed activity. You must be 18 years of age or older to register for the Services. Legal entities, partnerships, or natural persons who act in the exercise of their commercial or self-employed activity when entering into a legal transaction are not permitted to register for the Services.

2.3 You are obligated to provide accurate and complete information during the registration of an Account.

2.4 You may cancel the registration at any time before its completion. Each individual is permitted to maintain only one member account at any given time, and you must reside in a country where the Service is available.

2.5 Upon timely confirmation of your email address, Provider will send you an email confirming your successful registration. Upon receipt of this confirmation email, a contract for the use of the Services shall be deemed concluded between you and Provider, incorporating these Terms of Use.

2.6 You may also register your Account via single sign-on (“SSO”). We currently offer registration via the SSO service providers listed on the Provider’s website. The use of SSO may be subject to the terms of use and privacy policies of the respective SSO service providers. Any issues relating to the SSO login process must be addressed with the relevant provider.

2.7 You may terminate your Account at any time. When you terminate your Account, all of your active Tasks will also be terminated. The Provider is entitled to delete Accounts that are considered inactive, meaning Accounts where you have not logged in for a period of more than twelve (12) months. Upon deactivation or termination, any remaining eligible Account balance will be paid in accordance with Remuneration Terms in this Terms of Use.

3.1 Provider reserves the right to make formal or editorial changes and updates to the hyperlinks included in these Terms of Use at any time without prior notice.

3.2 Provider reserves the right to make changes to the Services, beyond what is necessary to ensure that the Services continue to meet both the individually agreed characteristics and the objective standards of quality, functionality, compatibility, accessibility, security, and updates that you may reasonably expect, without your prior consent, for good cause, if such changes are necessary for operational reasons such as adaptation to a new technical environment, increased user numbers, the usability of the Services, or other important operational reasons.

3.3 Provider uses reasonable care and skill to keep the Services operational. However, subject to applicable law, the availability and functionality of the Services may change from time to time without liability to you. In particular:

(a) the Services may experience temporary interruptions due to technical difficulties, maintenance, testing, or updates, including those required to reflect changes in applicable laws or regulatory requirements,

(b) Provider may modify, suspend, or stop (permanently or temporarily) providing all or parts or the Services, including particular functions or features,

(c) the Services may be affected by events outside Provider’s reasonable control, including where a Member switches device, where tracking or activity is otherwise controlled by advertising partners or interrupted or lost due to technical or environmental factors beyond Provider’s control,

(d) Provider may from time to time introduce and test experimental features, service variations or different platform functionalities, including A/B testing or similar methods, to improve the Services, user experience, platform performance and operational processes.

3.4 Provider reserves the right to change these Terms of Use with your consent, for good cause, if:

(a) the Services need to be adapted or discontinued due to a change in the law or case law; and/or

(b) for other reasons, a change or addition to the Services is imperative and does not place you at an unreasonable disadvantage.

Provider will inform you thirty (30) days in advance or, if Provider is able to do so in the respective individual case, sooner and in advance in text form about the change in accordance with this clause 3.3 and will send the amended Terms of Use in text form. In accordance with the provisions of this clause 3.3 before the date of entry into force of the amendment, you may either grant or withhold your consent. Consent shall also be deemed granted if you do not explicitly consent before the date of entry into force (“Assumed Consent”), unless you expressly refuse consent vis-à-vis Provider before the amendment enters into force. The text form is sufficient for refusal of consent. For each amendment as defined in this clause 3.3, Provider will expressly inform you of the legal consequences of Assumed Consent.

3.5 Any amendment to the usage relationship exceeding the scope specified in clauses 3.1 to 3.3 shall require your explicit consent. Provider will inform you thirty (30) days in advance, or, if Provider is able to do so in the respective individual case, sooner in text form about the amendment to the Terms of Use and will send the amended Terms of Use in text form. In accordance with the provisions of this clause 3.4, you may either grant or withhold your consent. If you do not consent to the amendment in accordance with this clause 3.4 within thirty (30) days, the contractual relationship will be continued on the previous, unchanged Terms of Use.

3.6 You will not incur any additional costs due to changes made under this clause 3.

4.1 When using the Services, you must refrain from any unlawful conduct, violations of applicable laws, and/or infringements of third-party rights.

4.2 If you have an Account, you are obliged to:

(a) ensure that your access credentials are not made accessible to any third party,

(b) use a secure password for your Account, and

(c) immediately notify Provider in text form upon becoming aware of any misuse of your Account, so that access can be blocked without undue delay.

You are responsible for all activities carried out under your Account, including those carried out by third parties, to the extent that you are responsible for enabling such use or could have prevented it with reasonable care.

4.3 You shall keep the operating system and/or browser you use for accessing the Services up to date.

4.4 You are responsible for installing updates for the Apps, including updates for any plugins or similar required for the use of the Apps, within a reasonable period. If you fail to do so after Provider has informed you of the update's availability and the consequences of not installing it, Provider shall not be responsible for any defects in the Apps resulting from your failure to install the update. If you are unable to properly install the update based on the information provided, you are obligated to promptly notify Provider accordingly.

4.5 You are not permitted to interfere with or manipulate the data flow of the Services nor to add or derive data through your own interfaces. Access to the data in the Services is permitted exclusively via the user interfaces provided by Provider.

4.6 You must use the Services in accordance with these Terms of Use. In particular and unless otherwise explicitly allowed by applicable law, you are not permitted to:

(a) access, use, retrieve, collect or otherwise copy the Services by using robots, crawlers, emulators, bots, spiders, or any other technologies, methods, or procedures,

(b) misuse the system (for example by flooding, providing false information, carrying out DDoS attacks, using disposable or temporary email addresses, or creating fake accounts and referrals),

(c) use the Services in any way that may interrupt or otherwise negatively affect their operation (including, without limitation, uploading viruses or malware or otherwise compromising the security of the Services),

(d) falsify screenshots or other evidence, use third-party evidence, or otherwise misrepresent or artificially inflate your compliance with the requirements for a Task,

(e) publish screen recordings of the Services without the prior express consent of the Provider,

(f) register an account in a jurisdiction other than your country of residence, or register multiple accounts using different names, email addresses, or other identifying details

(g) access or use the Services from a country other than the country in which you registered your account, or use a virtual private network (VPN), foreign SIM card, proxy, or similar technology to conceal or falsify your actual location or IP address, except for temporary and legitimate travel,

(h) engage in continuous and/or material misconduct on the Platform, including harassing, threatening, or abusing Provider’s customer support staff, other personnel or Members,

(i) make copyright-protected content of third parties available through the Services, copy, modify, transmit, create derivative works from, use, or reproduce such content without proper authorization,

(j) modify, sublicense, sell, market, reverse engineer, decrypt, decompile (except to the extent permitted by mandatory law), or otherwise exploit the Services, in whole or in part, yourself or through others, or use or develop applications that interact with Tasks, content, or information of Members,

(k) violate applicable law or infringe the rights of third parties in connection with your use of the Services, including by uploading, distributing, offering, or promoting pornographic, illegal, fraudulent, or otherwise unlawful consent, services or products,

(l) publish, make accessible, or express content that insults, defames, or disparages other Members or third parties.

4.7 Provider reserves the right to temporarily or permanently suspend your access to your Account and, consequently, to the Services, if you:

(a) provide false or misleading information during registration or breach your obligations under clause 4, or

(b) if Provider has any other legitimate interest in temporarily or permanently suspending your Account.

4.8 Provider may request additional information, evidence or verification from you in order to confirm your compliance with these Terms of Use, verify the authenticity of your activity on the Platform, or investigate suspected fraudulent or inauthentic behaviour.

4.9 Provider will endeavour to inform you in advance of any such suspension and will provide you with a reasonable period to remedy the issue, unless immediate suspension is required for compelling reasons.

5.1 Upon successfully registering your Account, you may participate in Tasks. These may include evaluations and surveys relating to services or other offerings of advertising partners, such as online surveys, product tests, app tests, and website tests.

5.2 The Provider also gives you the option to provide additional information. This includes, in particular, participation in surveys where you provide further details about yourself, as well as verification of your identity by uploading a scan, copy, or photo of your identity card or another official identification document clearly confirming your identity. The Provider is entitled, at its sole discretion, to make certain Tasks available only to specific Members (for example, Members who have provided additional personal details relevant to the respective Tasks in their Account, or Members who have verified their identity).

5.3 The Provider may send invitations to registered Members to participate in evaluations and surveys. The details of each Task, in particular the requirements to be met and the remuneration, are set out in the description provided by the Provider for that Task (“Task Description”). You have no right to participate in specific Tasks or to receive invitations to them; the right of selection lies solely with the Provider in its full and absolute discretion.

5.4 Except for any submission deadlines specified in the Task Description, you are not bound by any location or time when performing Tasks. Within the framework of the Task Description, you decide at your own discretion how to carry out the Task. In particular, you are not subject to any instructions from the Provider. Using the Services does not create any employment relationship. You are also under no obligation to perform Tasks. You are entirely free to decide whether or not to write an evaluation as part of a Task. You remain free to engage in any other independent or employed activities alongside your participation.

5.5 Before participating in certain Tasks, you may be required to accept the terms and conditions of advertising partners (“Partner Terms”). Partner Terms may govern the Task Description and the conditions for fulfilling the Task. In both respects, the Partner Terms take precedence over these Terms of Use.

5.6 You must provide the Provider with your responses or evaluations. The Provider will review compliance with the requirements of the respective Task. Your evaluations must be objective, moderate, and fair, avoiding exaggerated statements. Participation in evaluations and surveys must be personal. Participation using bots, other spam software, or under another person's identity is strictly prohibited.

5.7 Upon full completion of a Task as specified in the applicable Task Description, you will receive remuneration in one of the available currencies as indicated on the Provider’s website, which will be credited to your Account balance. The Provider may verify the Task's complete performance and request necessary proof (e.g., screenshots). The Provider may subject such proof to technical verification to prevent multiple uses.

5.8 The Provider has the right to temporarily suspend individual Tasks if there are indications that you have continuously and/or materially breached obligations arising under these Terms of Use. The Provider has the right to terminate individual Tasks for cause. In particular, good cause includes the cases set out in clause 7.4 as well as in the event of a continuous and/or material breach of these Terms of Use. If the Provider terminates a Task for cause, you are not entitled to reactivate that Task.

6.1 Offers made available to you as part of a campaign are not confirmed or guaranteed at the time you join or participate in the campaign. An offer will only be confirmed once you have completed the required installation of the applicable game.

6.2 Until the required installation is completed, the applicable offer may be updated, changed, paused or withdrawn. If the offer has changed before you complete the required installation, the offer applicable at the time of installation will apply.

6.3 If an offer is paused or withdrawn before you complete the required installation, the offer will no longer be available and you will not be eligible to receive the previously displayed offer.

6.4 Joining or participating in a campaign does not guarantee or lock in a particular offer or reward. The applicable offer is determined and confirmed only upon completion of the required installation, subject to the applicable eligibility requirements and campaign terms.

7.1 You will be remunerated for completing Tasks in accordance with the respective Task Description. A right to remuneration arises only once you have fully completed the Task as set out in clause 5.

7.2 Remuneration earned for the completion of Tasks will be credited to your Account in the currency applicable to your country of residence, as set out in clause 7.3. You may request a payout once your eligible Account balance reaches 60.00 in the applicable currency (“Standard Threshold”). The available payout amounts are displayed on the wallet page and set out in the payout schedule available at https://www.teststar.com/payout-info (“Payout Schedule”), which forms part of these Terms. The maximum amount per payout request is 500.00 in the applicable currency. This limit applies only to an individual payout request. You may submit multiple payout requests, including on the same day. Any remaining Account balance will remain credited to your Account and may be paid out through a later payout request. Payouts are made in one of the available currencies via the following payout methods: Paypal, Amazon gift card, Visa virtual card. The use of the Payment Methods may be subject to additional and different terms, which are subject to change (and will be binding upon their use upon such change) without direct notice to you.

7.3 You are not entitled to remuneration if the Provider has suspended or terminated individual Tasks in accordance with clause 5.8, and/or your responses to a Task contain invalid and/or untrue information and/or defamatory, offensive, or otherwise impermissible or unlawful statements. You are likewise not entitled to remuneration if you materially breach these Terms of Use. This applies in particular to breaches that entitle the Provider to terminate your membership for cause under clause 7.4. The Provider expressly reserves the right to review compliance with the foregoing requirements and to refuse remuneration in the event of an improperly completed Task which is not in accordance with the Task Description.

7.4 For fraud prevention purposes (in particular to prevent the use of bots and other spam software), the Provider may require you to complete an identity/existence verification procedure (“Verification Procedure”) before making any payout. The Verification Procedure may involve the collection and processing of biometric data. The Provider may refuse payouts until you have successfully completed the Verification Procedure (without prejudice to any further rights of the Provider under these Terms of Use).

7.5 Payouts are made using the data stored in your Account. You are solely responsible for the accuracy of this information. If your details have changed but are not updated in your Account, the Provider is entitled, but not obliged, to continue using the previous data, including your payout method choice account details, for all communications and payouts.

7.6 You alone are responsible for properly reporting and paying taxes on any payments you receive.

7.7 Payouts to your payout method choice account that have already been used by another Member for remuneration purposes can be restricted.

8.1 The term of the contract concluded on the basis of the Terms of Use is indefinite. However, you may deactivate your Account at any time without giving reasons. Your Account will remain in existence and may be reactivated by you at any time, unless you choose to permanently delete your Account.

8.2 The Provider has the right to terminate with one months’ notice. The Provider also reserves the right to terminate due to inactivity. You are considered inactive if you have not logged in for more than twelve (12) months. Before deleting an inactive Account, the Provider will attempt to notify you at the email address provided, granting a four-week grace period. If you do not object to the deletion or take any action within this period, your Account will be deleted.

8.3 If you have an eligible Account balance at the time of deactivation, termination, or permanent suspension the balance will, be paid out using one of the payment methods made available by the Provider, regardless of the usual payout threshold or maximum amount per payout request within 14 days after deactivation, termination, or permanent suspension, provided that you have successfully completed the Verification Procedure pursuant to clause 7.4 and provided valid payment details for an available payout method. If verification or payment details are incomplete, invalid, or cannot be used to process the payout, the Provider will notify you and provide a reasonable opportunity to resolve the issue.

8.4 The right of either party to terminate for cause remains unaffected. Good cause for termination by the Provider exists in particular if you:

(a) violate applicable law or infringe the rights of third parties in connection with the use of the Services, including attempts to do so, for example by uploading, distributing, offering, or promoting pornographic, illegal, fraudulent, or otherwise unlawful content, services, or products,

(b) publish, make accessible, or express content that insults, defames, or disparages other participants or third parties (natural or legal persons),

(c) provide or distribute content that is legally protected or subject to third-party rights (e.g., copyrights) without proper authorization, including making copyrighted works publicly accessible or engaging in other copyright infringements,

(d) register multiple times using different names and/or email addresses,

(e) disrupt, misuse, fraudulently use, or manipulate the Services, or otherwise cause harm to the Provider through your use, and/or

(f) continuously and/or materially breach these Terms of Use in a way that makes continuation of the contract unreasonable for the Provider.

8.5 If the Provider terminates for cause, you are not entitled to reactivate your Account.

8.6 The Provider is also entitled to temporarily suspend your Account if there are indications that you have continuously and/or materially breached obligations arising under these Terms of Use.

9.1 All pages and all content on the Platform as well as in the offered Tasks and related materials, including but not limited to texts, graphics, audio files, videos, photographs, surveys, logos, and other materials, are the intellectual property of the Provider or of its licensors, business partners, or affiliates, or are used under authorization. This includes, in particular, all trademarks, copyrights, patents, and trade secrets contained therein. You may not alter, reproduce, duplicate, create derivative works from, republish, display, upload, post, transmit, or distribute any content available on the website without the Provider’s prior written consent.

9.2 Upon conclusion of the agreement, you will be granted a non-exclusive, non-transferable and non-sublicensable right to use the Services in accordance with its intended purpose and subject to these Terms of Use limited to the contract concluded based on these Terms of Use. This includes, to the extent technically necessary, the installation, loading, display, and execution of the Services on your device.

9.3 If you use the Mobile App on an Apple device, the right to use the Mobile App extends to all Apple devices which you own or control. Under the terms of the Apple Media Services (available at https://www.apple.com/legal/internet-services/itunes/de/terms.html), the Mobile App may also be accessed, installed, and used in accordance with these terms by other accounts associated with you, such as Family Sharing or Volume Purchases.

9.4 If you download the Mobile App via Google LLC’s Google Play, the use of Google Play is subject to the Google Play terms of service (available at https://play.google.com/intl/ALL_de/about/play-terms/).

9.5 You grant the Provider a non-exclusive, non-revocable, perpetual, and worldwide right to use any content that you upload or post in the App. This right includes, in particular, the right to make such content publicly available (in whole or in part) through the Provider’s website or other media, and to reproduce and distribute it, unless otherwise agreed between you and the Provider. You further permit the Provider to technically process the content, including adapting it to the format requirements of the Platform, shortening it, improving its display quality, or making minor corrections (such as spelling errors).

9.6 The grant of rights as set out in clause 8.5 shall remain unaffected by any deletion of the content and/or by the termination of your Account or of individual Tasks, unless otherwise provided by applicable law.

10.1 Provider shall be liable for damages arising out of the use of the Services within the scope of statutory provisions, irrespective of the legal grounds, only in accordance with the following provisions:

(a) Provider shall be liable without limitation for damages resulting from death or personal injury, as well as for damages caused by the wilful intent or gross negligence of Provider, its legal representatives or vicarious agents, as well as for damages caused by non-compliance with a guarantee given by Provider or by fraudulently concealed defects.

(b) For all other damages due to a breach of essential contractual obligations resulting from simple negligence by Provider, its legal representatives or vicarious agents, the liability of Provider shall be based on the merits of the case. Essential contractual obligations (cardinal obligations) are those whose fulfilment enables the proper implementation of the contract in the first place and on whose fulfilment the contractual partner may ordinarily rely. In such cases, Provider shall be liable for an amount of compensation as would be typical for foreseeable damages in such a contract. Liability is otherwise excluded.

(c) Liability under mandatory product liability regulations of the country in which you are domiciled or habitually resident remains unaffected by the above provisions.

(d) Claims against Provider for damages due to default resulting from simple negligence are excluded; your statutory rights after the expiry of a reasonable grace period remain unaffected.

10.2 You are required to take appropriate measures to prevent and mitigate damage, in particular to ensure, where technically possible, appropriate security of your data on your devices. Liability for data corruption or data loss is limited to the typical recovery effort that would have been necessary if backup copies had been made regularly and in accordance with the level of risk, and if adequate virus protection had been used.

The contractual language is the prevailing language of the country in which you are domiciled or habitually resident. All communications with you will be sent to the email address associated with your Account.

When processing your personal data, Provider shall comply with the applicable data protection legislation. Information on the processing of personal data in connection with the Services can be found in Provider’s Privacy Notice for the Services, available at https://www.teststar.com/privacy.

13.1 The contractual relationship between you and Provider is governed by Swedish law. However, in cases where local law provides mandatory stricter regulations that take precedence, such local law shall apply. The application of the UN Sales Convention (CISG) is expressly excluded.

13.2 If you do not have a general place of jurisdiction in the country of origin, if you transfer your domicile or habitual place of residence from the country of origin after the conclusion of the contract, or if your domicile or habitual place of residence is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Use shall be Stockholm, Sweden.

13.3 There are no ancillary agreements to these Terms of Use. Amendments and additions to these Terms of Use shall be in text form unless a stricter form is required by law. This also applies to amendments or additions to this clause 12.3.

13.4 Should any provision of these Terms of Use be or become wholly or partly ineffective or unenforceable, this shall not affect the validity of the remaining provisions of these Terms of Use.

Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

If you have any questions about the App or these Terms, please visit our Help Center, where you can find answers to common questions and contact our support team.