Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the BurnTest.io website, platform, mobile site, applications, or any related services (collectively, the "Service"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, you must immediately discontinue use of the Service.

We reserve the right to modify these Terms at any time. Changes become effective upon posting to the Service. Your continued use of the Service after any modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Eligibility

You must be at least 18 years of age and capable of forming a binding contract under applicable law to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements. If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

3. Service Description

BurnTest.io ("BurnTest," "we," "us," or "our") operates an online marketplace platform that connects businesses and website owners ("Clients") seeking user experience feedback with individuals ("Burners" or "Reviewers") who provide recorded website reviews ("Burns"). Clients purchase credits to request Burns, and Burners earn compensation for completed, approved Burns. BurnTest acts solely as an intermediary platform facilitating these transactions and does not itself provide website review services.

BurnTest does not guarantee any specific outcomes, results, traffic improvements, conversion rate changes, or business benefits from the feedback provided through the Service. All feedback represents the subjective opinions of individual Burners and should not be construed as professional consulting, design, marketing, or legal advice.

4. Account Registration and Security

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify BurnTest of any unauthorized use of your account.

BurnTest reserves the right to suspend or terminate any account at any time, with or without cause, with or without notice, including but not limited to accounts that violate these Terms or that we reasonably believe are engaged in fraudulent or harmful activity.

5. Client Terms

Clients may purchase credits and subscription memberships at the prices listed on the Service. Credits are consumed when Burn requests are created and assigned to Burners. All credit purchases are final and non-refundable, except as expressly stated herein or as required by applicable law. Subscription fees are billed on a recurring basis and may be cancelled at any time; cancellation takes effect at the end of the current billing period.

BurnTest makes reasonable efforts to deliver Burns within the estimated timeframes but does not guarantee delivery times. Clients acknowledge that Burns represent the subjective opinions of individual Burners and that BurnTest has no control over and assumes no responsibility for the quality, accuracy, completeness, or usefulness of any feedback provided.

Clients retain ownership of their websites and content submitted for review. By submitting a URL and associated information for review, Clients grant BurnTest and its Burners a limited, non-exclusive license to access and view the submitted website solely for the purpose of providing the requested feedback.

6. Burner / Reviewer Terms

Burners are independent contractors, not employees, agents, or representatives of BurnTest. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between BurnTest and any Burner. Burners are solely responsible for their own tax obligations, including self-employment taxes, income taxes, and any required filings.

Burners must provide honest, original, thoughtful feedback in their recordings. Burns must be submitted within the deadline specified for each request (typically 48 hours). Burners earn compensation at the rate displayed at the time of claiming a request. Payouts are processed upon request, subject to minimum balance requirements and verification procedures. BurnTest reserves the right to reject Burns that do not meet quality standards, contain inappropriate content, or violate these Terms.

By submitting a Burn, Burners grant BurnTest and the requesting Client a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, distribute, display, and create derivative works from the Burn content (including video recordings, audio, and transcripts) for any lawful purpose related to the Service.

7. User-Generated Content

The Service allows users to submit, post, and share content including but not limited to video recordings, audio recordings, transcripts, text feedback, profile information, and other materials ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it.

You represent and warrant that: (a) you own or have the necessary rights and permissions to use and authorize the use of your User Content; (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights; and (c) your User Content does not contain any material that is defamatory, obscene, threatening, harassing, or otherwise unlawful.

BurnTest does not endorse, verify, or guarantee the accuracy of any User Content. We are not responsible for any User Content posted by users of the Service. We reserve the right, but have no obligation, to monitor, edit, or remove any User Content at our sole discretion.

8. Prohibited Conduct

You agree not to:

• Submit fraudulent, fake, or AI-generated Burns or reviews
• Use automated tools, bots, scrapers, or scripts to interact with the Service
• Share, sell, or transfer your account credentials to any third party
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Submit content that is defamatory, obscene, threatening, harassing, discriminatory, or otherwise objectionable
• Attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service for any illegal purpose or in violation of any applicable law or regulation
• Circumvent, disable, or interfere with any security features of the Service
• Collect or harvest any personally identifiable information from the Service without authorization
• Use the Service to transmit malware, viruses, or other harmful code
• Engage in any activity that could damage, disable, overburden, or impair the Service

Violation of these prohibitions may result in immediate account termination, forfeiture of any credits or earnings, and potential legal action.

9. Payment Terms

All payments are processed through Stripe, Inc. ("Stripe"), a third-party payment processor. By making a purchase, you agree to Stripe's Terms of Service and Privacy Policy. All prices are in United States Dollars (USD) unless otherwise stated.

Refund Policy: Credit purchases are generally non-refundable. Subscription cancellations take effect at the end of the current billing period; no prorated refunds are provided for partial periods. BurnTest may, at its sole discretion, issue credits or refunds for Burns that materially fail to meet our published quality standards. Any refund decisions are final and at the sole discretion of BurnTest.

BurnTest reserves the right to modify pricing at any time. Price changes for subscriptions will take effect at the beginning of the next billing cycle following notice. Burner payout rates are subject to change; the rate in effect at the time a Burn is claimed will apply to that Burn.

10. Intellectual Property

The Service, including its original content (excluding User Content), features, functionality, design, graphics, logos, and trademarks, is and shall remain the exclusive property of BurnTest.io and its licensors. The Service is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and foreign countries.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any content therein without our prior written consent.

11. DMCA and Copyright Policy

BurnTest respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Service.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing; (d) your contact information; (e) a statement that you have a good faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Send DMCA notices to: [email protected] with the subject line "DMCA Takedown Request."

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BURNTEST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BURNTEST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE SERVICE. BURNTEST DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS.

BURNTEST DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT, FEEDBACK, OPINIONS, OR RECOMMENDATIONS EXPRESSED BY BURNERS OR ANY OTHER USERS OF THE SERVICE. ANY RELIANCE ON SUCH CONTENT IS AT YOUR OWN RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BURNTEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF BURNTEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BURNTEST'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO BURNTEST IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless BurnTest, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (d) any User Content you submit, post, or transmit through the Service; or (e) any claim that your User Content caused damage to a third party. This indemnification obligation shall survive the termination of these Terms and your use of the Service.

16. Assumption of Risk

You acknowledge and agree that your use of the Service is at your sole risk. BurnTest is a platform that facilitates connections between Clients and Burners. We do not screen, verify, endorse, or guarantee the identity, background, qualifications, or reliability of any user. You assume all risks associated with interacting with other users and relying on any content or feedback provided through the Service.

Clients acknowledge that feedback provided by Burners represents subjective personal opinions and should not be the sole basis for business decisions. BurnTest is not responsible for any business losses, reputational harm, or other damages resulting from actions taken based on Burner feedback.

17. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by BurnTest, including but not limited to Stripe for payment processing and cloud storage providers. BurnTest has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that BurnTest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party services.

18. Confidentiality

Burners agree to treat all Client website URLs, business information, and review request details as confidential. Burners shall not share, publish, or disclose any Client information obtained through the Service to any third party without the Client's express written consent. Violation of this confidentiality obligation may result in immediate account termination and legal action.

19. Termination

BurnTest may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitation of liability, and the arbitration agreement.

Upon termination, any unused credits may be forfeited at BurnTest's discretion. Burners with pending earnings at the time of termination may request a final payout, subject to our standard verification and minimum balance requirements.

20. Force Majeure

BurnTest shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information systems, or any other event beyond our reasonable control.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, United States of America, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and BurnTest agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Marion County, Oregon.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of any other provision.

23. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by BurnTest on the Service, constitute the entire agreement between you and BurnTest concerning the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and BurnTest.

24. No Waiver

The failure of BurnTest to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by BurnTest.

25. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without BurnTest's prior written consent. BurnTest may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment in violation of this section shall be null and void.

26. Contact Information

If you have any questions about these Terms of Service, please contact us at: