These Terms of Service (“Terms”) govern your use of Userplay. By creating an account, accepting a workspace invitation, joining a playtest, or accessing the Service in any way, you agree to be bound by these Terms.
These Terms cover two audiences. Sections 1–16 apply to Customers (studios) and the people who use a workspace. If you are a Player participating in a playtest, those sections still apply to you, and the Player Terms at the end set out the terms specific to your participation.
For privacy commitments, see the Privacy Policy. For data processing on your behalf, see the Data Processing Addendum.
1. Definitions#
- “Userplay,” “we,” “us” — the legal entity operating the Userplay platform at userplay.io.
- “Customer,” “you” — the entity or individual that has accepted these Terms and uses the Service.
- “Service” — the Userplay web application, recorder, telemetry agents, APIs, and related materials.
- “Studio Member” — a user in a Customer workspace.
- “Player” (also “Tester”) — an individual who participates in a playtest run by a Customer.
- “Customer Data” — data submitted to, captured by, or generated by the Service for the Customer, including recordings.
2. Account and Eligibility#
You must be at least the age of majority in your jurisdiction and have the legal capacity to enter into a binding contract. If you are using Userplay on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly at security@userplay.io of any suspected unauthorized access.
3. The Service#
Userplay provides a playtesting platform that allows Customers to design playtests, capture session recordings, and review results.
Product evolution. Userplay is under active development and we ship improvements regularly. Features may be added, refined, or retired over time. We will provide reasonable notice of material changes in functionality to active workspaces.
4. Customer Responsibilities#
You are responsible for:
- Lawful use — using the Service only as permitted by these Terms and applicable law.
- Tester consent — ensuring testers are properly informed and have given freely given, informed, and revocable consent before any recording begins. Userplay’s built-in tester consent flow assists you, but you remain the controller and are solely responsible for compliance with applicable privacy and employment laws.
- Configuration — choosing the capture toggles, retention policies, and other settings appropriate for your legal and operational situation.
- User management — managing workspace membership and roles, and revoking access when it is no longer appropriate.
- Playtest content — the lawfulness of any materials you provide to testers.
5. Acceptable Use#
You may not use the Service to:
- Record any individual without their freely given, informed, and revocable consent.
- Conduct surveillance outside the scope of bona fide playtesting, including employee monitoring, household surveillance, or stalking.
- Process the data of children below the age of majority in the applicable jurisdiction without verifiable parental or guardian consent and your own independent legal basis.
- Capture sensitive personal information (government IDs, payment card numbers, health data, biometric identifiers) beyond what is inherent to evaluating the game being tested. Use Userplay’s masking and redaction features to minimize incidental capture.
- Attempt to access another workspace’s data, bypass authentication, probe the Service’s security without an authorized arrangement, or reverse-engineer the Service.
- Create, store, or analyze content that is unlawful, infringes intellectual property, constitutes harassment, or depicts child sexual abuse material.
- Resell or white-label the Service without a written agreement.
For the complete list, see Use Restrictions. Violations may result in suspension or termination of your account.
6. Plans, Fees, and Add-Ons#
Some features are available only on paid plans or as paid add-ons. Fees are due in advance for the agreed term unless the order form states otherwise. Late payment may result in suspension of paid features after prior notice.
7. Customer Data and Ownership#
You own your Customer Data. You grant Userplay a non-exclusive, worldwide, royalty-free license to host, process, transmit, and use Customer Data solely to provide the Service to you and to operate and improve the Service, consistent with the Privacy Policy and the Data Processing Addendum.
No training on your data. Userplay does not use Customer Data to train machine learning models, and its agreements with its subprocessors exclude Customer Data from model training.
8. Confidentiality#
Each party will protect the other’s Confidential Information with at least the same care it uses for its own confidential information, and no less than reasonable care. Customer Data is your Confidential Information. Neither party will disclose the other’s Confidential Information to third parties except as permitted by these Terms or required by law.
9. Suspension#
Userplay may suspend the Service or any portion of it without prior notice if necessary to protect the Service, other customers, or third parties — for example, in response to an active security incident, material breach of these Terms, or suspected fraud. We will provide notice as soon as practicable.
10. Term and Termination#
These Terms apply for the term agreed in your order form, or, if no order form exists, until either party terminates. Either party may terminate for the other’s material breach if uncured for 30 days after written notice.
Upon termination or expiration:
- You will retain access to export Customer Data for 30 days.
- Userplay will delete Customer Data within 60 days after that period, subject to backup retention schedules, audit log retention, and any legally required retention.
11. Warranties and Disclaimers#
Userplay will provide the Service with reasonable skill and care. Except for those commitments and except as expressly stated in these Terms, the Service is provided “as is” and “as available.” To the maximum extent permitted by applicable law, Userplay disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
The Service is under active development and may be updated, improved, or changed over time. While we work to maintain high availability, we do not guarantee a specific uptime percentage outside of any separately agreed SLA.
12. Limitation of Liability#
To the maximum extent permitted by applicable law:
- No consequential damages. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities, even if advised of the possibility of such damages.
- Aggregate cap. Each party’s total aggregate liability arising out of or related to these Terms is limited to the fees actually paid by you to Userplay in the 12 months preceding the event giving rise to the claim, or USD 100 if no fees have been paid.
These limitations do not apply to: (a) breaches of confidentiality obligations, (b) indemnification obligations, (c) gross negligence or willful misconduct, or (d) where prohibited by applicable law.
13. Indemnification#
Each party will defend, indemnify, and hold the other harmless against third-party claims, losses, and expenses (including reasonable legal fees) arising from the indemnifying party’s breach of these Terms or violation of applicable law, provided the indemnified party gives prompt written notice, reasonable cooperation, and sole control of the defense.
14. Governing Law and Jurisdiction#
These Terms are governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872, and the Information Technology Act, 2000, without regard to conflict of law principles. The parties irrevocably consent to the exclusive jurisdiction of the competent courts in Bangalore, India for resolution of any disputes arising from or related to these Terms or the use of the Service.
15. Changes to These Terms#
Userplay may update these Terms from time to time. Material changes will be communicated to workspace owners by email at least 30 days before they take effect and reflected at the top of this page with a new “Last updated” date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
16. Contact#
- Legal and contract questions: legal@userplay.io
- Sales and custom terms: sales@userplay.io
- General support: support@userplay.io
Player Terms#
These Player Terms apply to Players — individuals who use the Userplay player application and participate in playtests run by studios. They are in addition to the rest of these Terms. Where the rest of these Terms refer to the “Customer,” your counterpart for a given playtest is the studio running it, not Userplay.
P1. Acceptance#
By creating a player account, joining a playtest, or starting a recording, you agree to these Player Terms. If you do not agree, do not use the player application or join a playtest.
P2. Userplay’s Role#
Userplay provides the technology that studios use to run playtests. Each playtest is designed, run, and controlled by a studio. Userplay is a neutral platform and acts as the studio’s service provider for your session recording. The playtest content, the instructions you receive, what is captured, and how your recording is used afterward are the studio’s responsibility, not Userplay’s. Questions about a specific playtest should go to the studio that invited you.
P3. Eligibility and Account#
You must be at least the age of majority in your jurisdiction to use the player application. You agree to provide accurate information, to keep your credentials secure, to use a single account for yourself only, and to be responsible for activity under your account.
P4. Recording and Consent#
Recording only happens when you start it. Before any recording begins, you are shown what will be captured — your selected screen, microphone, and system audio (Userplay does not capture webcam video) — along with which studio is running the playtest and how long the recording is retained. You choose which screen, window, or tab to share, you may decline optional capture, and you may stop the session at any time. You may ask the studio running the playtest to delete your recording, or contact privacy@userplay.io.
P5. Player Conduct#
When using the player application you may not:
- Upload or share content that is unlawful, infringing, or that contains another person’s personal data without their consent.
- Capture anything you are not authorized to share, including confidential or sensitive information that is not needed for the playtest.
- Attempt to access another participant’s session, another studio’s workspace, or any part of the Service you are not authorized to use.
- Bypass authentication or security controls, or reverse-engineer the Service except where applicable law expressly permits.
P6. Your Recording#
You grant the studio running the playtest, and Userplay acting as its service provider, the rights needed to host, process, transmit, and analyze your session recording to operate the playtest and the Service. As between you and the studio, the studio owns the recording as its Customer Data. This does not transfer ownership of any pre-existing intellectual property you hold.
P7. Rewards and Incentives#
Any reward, payment, prize, or other incentive offered for participating in a playtest is provided by the studio, on the studio’s terms. Userplay is not a party to any such arrangement and is not responsible for offering, fulfilling, or resolving disputes about rewards or incentives.
P8. No Warranty#
The player application is provided to you “as is” and “as available.” To the maximum extent permitted by applicable law, Userplay disclaims all warranties, express or implied, and does not guarantee that the Service will be uninterrupted, error-free, or available at any particular time.
P9. Limitation of Liability#
To the maximum extent permitted by applicable law:
- Userplay is not liable to you for any indirect, incidental, special, consequential, or punitive damages, or for lost data, goodwill, or opportunities.
- Userplay is not liable for the acts or omissions of the studio running a playtest, for playtest content, or for any reward or incentive.
- Userplay’s total aggregate liability to you arising out of or related to your use of the player application or participation in a playtest is limited to the lesser of the amounts you have paid Userplay (typically none) or as deemed fit.
These limits do not apply where prohibited by applicable law.
P10. Termination#
You may stop using the player application and delete your account at any time. Userplay may suspend or terminate your access if you breach these Player Terms or to protect the Service or others.
P11. Governing Law and Changes#
These Player Terms are governed by the law and subject to the jurisdiction set out in Section 14. Userplay may update these Player Terms from time to time; material changes are reflected at the top of this page with a new “Last updated” date, and continued use after the effective date constitutes acceptance.
P12. Contact#
- Privacy and data requests: privacy@userplay.io
- General support: support@userplay.io