Terms Of Service ("Terms")

Last updated: 2022-11-18

1. Definitions

For the purpose of the Terms of Service and Privacy Policy, the following definitions will be used:

"Account" refers to a unique account created for You to access the services provided by ThumbnailTester.
"Company" (also referred to as "the Company", "We", "Us", "Our", and "ThumbnailTester") refers to Hugo Beck-Friis.
"Device" refers to any device that can access the Service.
"Licence" refers to a temporary, revocable, and limited, license to use the Service under the Terms Of Service specified in this document.
"Privacy Policy" refers to the ThumbnailTester Privacy Policy.
"Respondent" refers to an individual who has completed a Test.
"Service" (also referred to as "Services") refers to the Website.
"Terms Of Service" (also referred to as "Terms") refers to the agreement between You and the Company, as described by this document.
"Test" refers to a user-generated survey created using the Service.
"Test Creator" refers to the individual who created the Test in question.
"User-generated Content" (also referred to as "Content") refers to any content, including text and images, uploaded or otherwise provided to the Service by entities outside of the Company.
"Upload" refers to the act of, in any way, providing the Service with data that will be, or is, stored on Company servers.
"Website" (also referred to as "ThumbnailTester", "ThumbnailTester.com") refers to the ThumbnailTester website, accessible from "https://thumbnailtester.com/", and all pages hosted under the domain name "https://thumbnailtester.com/".
"You" refers to the individual or other legal entity accessing or using the Service.

2. Terms

By using the Website, You agree to be bound by the Terms Of Service and Privacy Policy, and accept that You are responsible for the agreement with applicable local laws.

3. License to Use

3.a License

Limited permission to use the Services provided by ThumbnailTester, both for commercial and personal use, is granted when agreeing to these Terms. This permission is a license, not a transfer of ownership, and comes with limitations.

3.b Limitations of License

Under the license, You may not:

modify or copy any material provided on the Website or by the Company;
attempt to reverse-engineer, or exploit, any functions on the Website, or any other software created by the Company;
remove any copyright from any material provided on the Website or by the Company;
re-distribute any material provided on the Website or by the Company; or
transfer any material provided on the Website or by the Company to another device, including downloading the Website or any other software, in part or in full.

The granted license is limited and may be revoked at any time by the Company for any reason, including reasons not listed in the Terms Of Service.

4. User-generated Content

As part of the Service, User-generated Content is uploaded and stored on the Website servers. When uploading Content, You agree that:

the Company has permission to modify the content, and display the modified content as part of the Service;
the Company has permission to remove any Content for any reason;
the Company may access any Content for any reason;
You are responsible for the content you upload to the Service;
You may not upload any hateful, explicit, or otherwise harmful Content to the Service;
You may not upload pornographic or sexually suggestive Content to the Service; and
You may not upload copyright-protected Content to the Service.

5. Third-Party Content

5.a Third-Party Content Disclaimer

Part of the Service relies on Third-Party Content to work, including, but not limited to, analytical tools, advertisements, spam prevention, and design elements. The Service is not associated with or endorsed by any Third-Party Vendors.

5.b Third-Party Vendors

When you agree to the ThumbnailTester Terms Of Service and Privacy Policy, you also agree to the policies of our third-party vendors, linked below. ThumbnailTester's Terms Of Service and Privacy Policy do not apply to third-party vendors.
Google (reCAPTCHA, Google Fonts, Google Analytics, Google AdSense):

6. Disclaimer

The Service is provided "as is". The Company makes no warranties or undertakings of any kind, may it be expressed or implied, and therefore negates all other warranties. Furthermore, the Company does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.

7. Limitation

The Company or its suppliers and partners will not be held accountable for any damages that arise with the use or inability to use the Service, even if the Company or an authorized representative of the Company has been notified, orally or written, of the possibility of such damage.
Some jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental damages, so some or all of the above exclusions may not apply to You.

8. Revisions and Errata

The materials appearing on the Website may include technical, typographical, or photographic errors. The Company will not promise that any of the materials on this Website are accurate, complete, or current. The Company may change the materials contained on its Website at any time without notice. The Company does not make any commitment to update the materials.

9. Links

The Company has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by the Company. The use of any linked website is at the user's own risk.

10. Terms Of Service Modifications

The Company may revise these Terms of Service for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.
To keep up to date, we advise you to periodically review this page. Changes to the Terms Of Service are effective when posted to this page.

11. Governing Law

Any claim related to The Website shall be governed by the laws of Sweden and the European Union without regard to its conflict of law provisions.

12. Other Terms

By using ThumbnailTester, you agree that you are 16 years of age or older. When making a purchase or signing up for a subscription, you agree that you are 18 years of age or older.

Privacy Policy

Last Updated: 2022-11-18

1. Introduction

At ThumbnailTester, we care about your privacy and want to be as transparent as possible about the data we collect. This Privacy Policy contains information about what data we collect and how we use it.
If you have any questions about our Privacy Policy, please contact us via our e-mail address Click to reveal e-mail address.

2. What data we collect

2.a Account Data

When registering an account, we have to collect and store data for the functionality of the website. We store the following data on accounts:

E-mail Address
E-mail Verification Key
Encrypted Password
Mailing List Preferences
Registration Timestamp
Registration Ip Address
Last Password Change Timestamp
Membership Tier
Membership Tier Expiration Timestamp
Account Id

When requesting a valid password reset, we store the following data:

E-mail Address
Password Reset Key
Password Reset Request Timestamp
Account Id

Data on accounts that have not verified their e-mail address is removed from our servers after up to 72 hours from the account creation time.

2.b Test Data

When creating a Test, we have to store relevant data to the Test. We store the following data on Tests:

Global Test Id
Account Id
Account Test Id
Test Key
Uploaded Files
Uploaded Text
- Titles
- Internal Title
- Display Name
- Introduction Message
- End Message
Test Settings
- If the Test is accepting responses
Response Count
Response Limit
Test Creation Timestamp
Test End Timestamp

2.c Test Response Data

Because the ThumbnailTester service is built around data collection, we have to store response data from user-generated Tests. We try to only collect relevant data and do not collect any personally identifiable data.
The data collected from Test responses is, in full, shared with the Test Creator. Even if we do not collect any personally identifiable data, it may still be possible for the Test Creator to identify a respondent based on the total available response data for the Test in question.
Test Response Data is collected when completing the last step of a Test. We store the following response data:

Test Id
Completed Test Parts
Selected Data
Displayed Data
Response Time
Respondent Data Rating

3. Use of Your Data

We use your data for the following purposes:

To keep the Website functional: The primary use of collected data is to keep the Website functional. Account data, test data, and test response data are examples of what data we use to keep the Website functional.
To log internal errors: If something goes wrong, we need to know what happened to be able to fix it. Because of this, we log errors. You may read more at (6).
To keep statistics: To make informed business decisions, we need to keep statistics on the Service.
To contact You: To be able to contact you, we need to store your contact details. If you for example have opted in for promotional e-mails, if you need to change your password, or if something goes wrong, we need to contact you.
For business transfers: For business transfers: If we restructure the Company, sell the Company or parts of the Company, or if the Company merges with another company, we may need to transfer or otherwise use Your data.

4. Third-Party Policies

5. Cookies

Like most other websites, we use cookies to keep the site functional. A cookie is a small piece of text stored on your computer and can be removed from your browser settings page.

5.a Cookies We Store

To keep the site functional, we store a small number of cookies. These are the cookies we store:

Account Session Cookies
Test Response Cookies

The account session cookie keeps track of the User Id, E-mail Address, and Membership Plan of logged-in users. The Test Responses Cookie keeps track of what tests you have responded to and is used to prevent users from taking the same test more than once.

5.b Third-Party Cookies

Alongside the above-mentioned cookies, we rely on third-party services for advertisements (Google Adsense), statistics (Google Analytics), fonts (Google Fonts), and spam prevention (reCAPTCHA).
To serve ads to our site visitors based upon their visit to https://thumbnailtester.com/ and other sites on the internet, Google Adsense uses cookies known as DART cookies. Visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL: https://policies.google.com/technologies/ads.
For analytics, we use Google Analytics. If you wish to opt-out of Google Analytics, you may do so by installing the Google Analytics opt-out browser add-on. You can read more about this at https://policies.google.com/privacy.
To prevent spam, we use reCAPTCHA, which collects and analyzes hardware and software information. The Google Terms, available at https://policies.google.com/terms, and Privacy Policy, available at https://policies.google.com/privacy, apply.

5.c Opting Out

You may opt-out of statistical and marketing cookies by using the cookie window which appears when you first visit the Website. Alternatively, you can disable all cookies through your browser settings. Please be aware that disabling all cookies may restrict the functionality of the Website.

6. Log Files

To make sure the Website functions correctly, and that we can correct any potential errors or mistakes, we keep log files. These log files may include user data, IP addresses, timestamps, and what part of the Service was accessed at a certain time.

7. Law Enforcement

If required by law, or as a response to a valid request by public authorities, the Company may share any data requested.

8. Your Rights

ThumbnailTester only keeps data for as long as required for the purposes described in this document. If you wish to see, modify, or delete your data, please contact us at Click to reveal e-mail address.

9. Children's Information

We do not knowingly collect any data from children under the age of 16. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

10. Reach

This privacy policy applies only to our online activities and is valid for visitors to our website concerning the information that they shared and/or collect in ThumbnailTester. This policy does not apply to any information collected offline or via channels other than this Website.

11. Changes to this Privacy Policy

The Company may revise these Changes to the Privacy Policy for its Website at any time without prior notice. By using this Website, you are consenting to the current version of this Privacy Policy.
To keep up to date, we advise you to periodically review this page. Changes to the Privacy Policy are effective when posted to this page.

12. Consent

By using the Website, you hereby consent to our Privacy Policy and agree to our Terms Of Service.

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