Terms of Service

1. Scope

These terms of use apply to the use of the website of rapid user feedback GmbH, Marxergasse 24 / Stiege 2 / R3.07-3.08, 1030 Vienna, Austria (company register: FN 528732y, VAT: ATU75292559). By accessing the website, you agree to these terms of use. If you do not agree with these terms, please do not use the website.

2. Operator

The website is operated by rapid user feedback GmbH. Managing Director: Marc Busch. Contact: marc.busch@busch-labs.at, +43 699 197 101 86. Member of the Vienna Chamber of Commerce (Wirtschaftskammer Wien).

3. Website Content

We strive to keep the content of our website current, complete, and accurate. However, we cannot guarantee the accuracy, completeness, or timeliness of all content. As a service provider, we are responsible for our own content on this website in accordance with § 16 ECG (Austrian E-Commerce Act) and general laws.

4. Third-Party Links

Our website contains links to external third-party websites whose content we have no influence over. The respective provider or operator is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. No illegal content was discernible at the time of linking. Permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a legal violation. Upon becoming aware of legal violations, we will remove such links immediately.

5. Copyright

The content and works published on this website are subject to Austrian copyright law. Reproduction, editing, distribution, and any form of use beyond the limits of copyright law require the written consent of rapid user feedback GmbH. Downloads and copies of this website are only permitted for private, non-commercial use. Where content on this website was not created by us, the copyrights of third parties are respected and appropriately attributed.

6. AI Chat

An AI-powered chat is available on our website. The responses generated by the AI chat are automated and do not constitute legally binding advice. Rapid user feedback GmbH assumes no liability for the accuracy, completeness, or timeliness of information provided by the AI chat. For binding information, please contact us directly.

7. Availability

We strive to ensure uninterrupted availability of the website. However, temporary disruptions may occur due to technical issues (e.g., power outages, hardware or software failures, data line problems). There is no entitlement to permanent availability.

8. Limitation of Liability

Use of the website is at your own risk. Rapid user feedback GmbH is liable for damages – except for personal injury – only in cases of gross negligence (intent or gross negligence). This applies in particular to damages arising from the use or non-use of the information provided.

9. Data Protection

Information on the processing of personal data can be found in our Privacy Policy.

10. Applicable Law and Jurisdiction

These terms of use are governed by Austrian law, excluding the conflict of laws provisions of international private law. The place of jurisdiction is Vienna, Austria.

11. Severability

Should any provision of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

12. Amendments

We reserve the right to amend these terms of use at any time. The current version is always available on our website.

1. Scope and Contracting Party

1.1 These Terms of Service govern participation in studies and membership in the participant panel of rapid user feedback GmbH, Marxergasse 24 / Stiege 2 / R3.07-3.08, 1030 Vienna, Austria (company register: FN 528732y, VAT: ATU75292559), hereinafter referred to as “rapid user feedback.”

1.2 By registering on the platform and/or participating in a study, you agree to these Terms of Service.

1.3 Our Privacy Policy applies in addition.

2. Eligibility

2.1 Registration on the platform and participation in studies is exclusively reserved for natural persons who have reached the age of 16.

2.2 Only human participants may register and participate in studies. The use of bots, automated systems, artificial intelligence, or any other non-human means for registration, completing profiles, or participating in studies is expressly prohibited.

2.3 Each person may create only one account. Multiple registrations are prohibited.

3. Registration and Account

3.1 Registration is required to use the platform. The following mandatory information must be provided truthfully and completely during registration: name, email address, date of birth, gender, place of residence, and language.

3.2 You are obligated to keep your information up to date and to promptly update any changes in your profile.

3.3 You are responsible for maintaining the confidentiality of your login credentials and are liable for all activities conducted through your account.

3.4 Rapid user feedback reserves the right to reject registrations without stating reasons. There is no entitlement to registration or panel membership.

4. Profiling Data

4.1 In addition to mandatory information, you may voluntarily complete additional profile fields (e.g., occupation, interests, technical equipment, household information).

4.2 This information is used to match you with suitable studies. The more complete your profile, the more frequently you may be invited to relevant studies.

4.3 You may modify or delete voluntary profile information at any time.

4.4 All profile data must be provided truthfully. Providing false or misleading information may result in exclusion (see Section 9).

5. Study Participation

5.1 An invitation to a study does not constitute a binding offer. Rapid user feedback reserves the right to select or reject participants at its sole discretion. There is no entitlement to participate in any particular study.

5.2 Before each study, you will be informed about the type, scope, and methodology of the study. You will be asked for your explicit consent via the platform (study consent). No participation takes place without your consent.

5.3 The study consent includes, in particular, information about:

• Type of study (remote, lab, other formats)
• Methods and tools used
• Types of recordings (video, audio, screen recording, photos)
• Duration of the study
• Whether observers (clients) will participate
• Amount of compensation (if applicable)

5.4 You may withdraw your consent at any time before or during a study. In this case, the study will be terminated for you. Any existing claim to prorated compensation remains unaffected but is at the discretion of rapid user feedback.

6. Study Formats

6.1 Remote Studies

Remote studies are conducted via video conferencing tools (currently Google Meet) or via the platform. Video and audio recordings as well as screen recordings may be made. The tools used will be specified in the study consent.

6.2 Lab Studies

Lab studies take place at the rapid user feedback lab in Das Packhaus (Marxerstraße 24/2/EG, 1030 Vienna). Video and audio recordings, screen recordings, and photographs may be made.

6.3 Observers

Clients of rapid user feedback may observe studies live or review recordings. You will be informed in the study consent whether and in what form observers will participate in the study.

7. Compensation (Incentives)

7.1 Compensation may be provided for study participation. Whether and in what amount compensation is provided will be communicated in the study consent prior to participation.

7.2 There is no legal entitlement to compensation. The provision of compensation is a voluntary benefit from rapid user feedback or the respective client.

7.3 Compensation is paid exclusively to private individuals. Payment to companies, associations, or other legal entities is excluded.

7.4 Your name and IBAN are required for payment. Payment is made via bank transfer.

7.5 The compensation is not subject to VAT or payroll tax for rapid user feedback GmbH. Whether the compensation is subject to income tax for you as the recipient must be clarified with your tax advisor. Rapid user feedback does not provide tax advice and assumes no liability for participants' tax obligations.

7.6 Entitlement to compensation is forfeited in particular if:

• the study cannot be fully completed due to circumstances attributable to you,
• you breach these Terms of Service,
• exclusion pursuant to Section 9 occurs.

8. Confidentiality

8.1 Study contents, test materials, prototypes, concepts, and all other information made accessible to you during a study are strictly confidential. You may not disclose, publish, photograph, record, or otherwise distribute this information to third parties.

8.2 The confidentiality obligation applies indefinitely and extends beyond the conclusion of the study and panel membership.

8.3 A breach of the confidentiality obligation may result in immediate exclusion and the assertion of damages claims.

9. Exclusion and Suspension

9.1 Rapid user feedback reserves the right to temporarily suspend or permanently exclude participants upon suspicion of misuse. Suspicion of misuse exists in particular in cases of:

• providing false or misleading profile data,
• multiple registrations,
• use of bots, automated systems, or AI,
• insincere or uncooperative behavior during a study,
• breach of the confidentiality obligation,
• breach of other provisions of these Terms of Service,
• reasonable suspicion of fraudulent behavior.

9.2 The decision regarding suspension or exclusion is at the sole discretion of rapid user feedback. No justification is required.

9.3 In the event of exclusion, any claim to unpaid compensation is forfeited, provided the exclusion is based on a breach of these Terms of Service.

10. Liability

10.1 Rapid user feedback is liable for damages – except for personal injury – only in cases of gross negligence (intent or gross negligence).

10.2 Rapid user feedback is not liable for studies that are independently created and conducted by clients via the platform. The respective client is responsible for such studies. Any claims must be directed to the respective client.

10.3 Rapid user feedback is not liable for technical disruptions that impair study participation, including disruptions to internet connectivity, video conferencing tools, or the platform.

11. Intellectual Property

11.1 All rights to the platform, its content, functionalities, and underlying source code remain with rapid user feedback GmbH.

11.2 Feedback, responses, and other contributions you provide during studies may be used by rapid user feedback and its clients for research, analysis, and product development purposes. Attribution to you by name to clients only occurs if you have expressly consented to this in the study consent.

12. Recordings and Their Use

12.1 Recordings made during studies (video, audio, screen recordings, photos) are used exclusively for the purpose defined in the study consent.

12.2 Recordings are shared with the study client only if this was expressly stated in the study consent.

12.3 You may revoke your consent to recordings at any time with effect for the future. Already anonymized or aggregated results cannot be deleted after aggregation.

13. Term and Termination

13.1 Panel membership is entered into for an indefinite period and may be terminated by you at any time by deleting your account.

13.2 Rapid user feedback may terminate panel membership at any time with 14 days' notice by email.

13.3 The right to extraordinary termination for good cause remains unaffected.

13.4 Upon deletion of your account, all personal data will be deleted, except for payment data (name and IBAN), which is subject to statutory retention obligations (minimum 7 years pursuant to the Austrian Federal Fiscal Code). Study results are retained exclusively in anonymized, aggregated form.

14. Applicable Law and Jurisdiction

14.1 These Terms of Service are governed by Austrian law, excluding the conflict of laws provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2 The place of jurisdiction is Vienna, Austria.

15. Severability

Should any provision of these Terms of Service be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

16. Amendments to These Terms of Service

16.1 Rapid user feedback reserves the right to amend these Terms of Service at any time. You will be notified of material changes by email or via the platform.

16.2 If you do not object to the amended Terms of Service within 30 days of notification and continue to use the platform, the amended Terms of Service shall be deemed accepted. You will be informed of this legal consequence in the notification.

16.3 In the event of an objection, both parties have the right to terminate in accordance with Section 13.

17. Participation in Studies via Partner Platforms

17.1 Busch Labs may refer participants to partner market research platforms, provided the participant has given the corresponding consent.

17.2 Participation in studies arranged through partner platforms is subject to the respective study conditions and privacy policies of the study provider. Busch Labs will inform participants of the applicable conditions before the study begins.

17.3 Busch Labs is not liable for the content, execution, or technical availability of external studies.

17.4 Incentive arrangements for studies arranged through partner platforms may differ from those for Busch Labs' own studies. The applicable conditions will be communicated before the study begins.

rapid user feedback GmbH – Consulting and Research Services
Last updated: February 2025

Part I – General Provisions

1. Scope

1.1 The following Terms of Service apply to all legal transactions between the client and rapid user feedback GmbH, Marxergasse 24 / Stiege 2 / R3.07-3.08, 1030 Vienna, Austria (company register: FN 528732y, VAT: ATU75292559), hereinafter referred to as “rapid user feedback.” The version valid at the time of contract conclusion shall apply.

1.2 These Terms of Service also apply to all future contractual relationships, even if not expressly referenced in supplementary agreements.

1.3 Conflicting terms of the client are invalid unless expressly acknowledged in writing by rapid user feedback.

1.4 Should any provision of these Terms of Service be or become invalid, this shall not affect the validity of the remaining provisions or contracts concluded on their basis. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

1.5 Our Privacy Policy applies in addition.

2. Scope of Services

2.1 The scope of a specific engagement is agreed upon contractually on a case-by-case basis (proposal, service description, framework agreement).

2.2 Rapid user feedback provides, in particular, the following services: User Experience Research, Usability Testing, strategy and concept consulting, participant recruitment, panel management, and related consulting and research services.

2.3 Rapid user feedback is entitled to have its obligations performed in whole or in part by third parties. Payment of third parties is made exclusively by rapid user feedback. No direct contractual relationship is created between third parties and the client.

3. Client Cooperation Obligations

3.1 The client shall ensure that the organizational framework allows for undisturbed work conducive to the rapid progress of the project.

3.2 The client shall comprehensively inform rapid user feedback about previously conducted and/or ongoing consultations, including in other specialist areas.

3.3 The client shall provide all documents, information, and access necessary for the execution of the engagement in a timely manner. This also applies to documents and circumstances that only become known during the engagement.

4. Independence

4.1 The contracting parties commit to mutual loyalty and shall take measures to ensure the independence of the personnel and third parties engaged.

4.2 The client commits not to enter into business relationships with persons or companies used by rapid user feedback to fulfill contractual obligations during the contract term and for three years after termination, in particular not to engage them for the same or similar services.

5. Reporting

5.1 Rapid user feedback shall report on work progress. The client shall receive the final report within a reasonable period (two to four weeks) after completion of the engagement.

5.2 Rapid user feedback is free from instructions in producing the agreed work, acts at its own discretion and on its own responsibility. It is not bound to any specific workplace or working hours.

6. Intellectual Property

6.1 The copyrights to all works created by rapid user feedback, its employees, and commissioned third parties (in particular proposals, reports, analyses, expert opinions, organizational plans, programs, service descriptions, drafts, calculations, data carriers, etc.) remain with rapid user feedback. They may only be used by the client for purposes covered by the contract.

6.2 The client is not entitled to reproduce and/or distribute works without the express written consent of rapid user feedback. Unauthorized reproduction or distribution does not give rise to liability of rapid user feedback towards third parties.

6.3 A violation of this provision entitles rapid user feedback to immediately terminate the contractual relationship and assert legal claims, in particular for injunctive relief and damages.

7. Warranty

7.1 Rapid user feedback is entitled and obligated to remedy inaccuracies and defects in its services that become known and to inform the client without delay.

7.2 Warranty claims of the client expire six months after the provision of the respective service.

8. Liability

8.1 Rapid user feedback is liable for damages – except for personal injury – only in cases of gross negligence (intent or gross negligence). This also applies to damages attributable to engaged third parties.

8.2 Damage claims may only be asserted in court within six months of becoming aware of the damage and the party responsible, but no later than three years after the event giving rise to the claim.

8.3 The client bears the burden of proving that the damage is attributable to fault on the part of rapid user feedback.

8.4 Where rapid user feedback provides services with the assistance of third parties and warranty and/or liability claims arise against such third parties, rapid user feedback assigns these claims to the client. The client shall primarily pursue claims against such third parties.

9. Confidentiality

9.1 Rapid user feedback commits to unconditional silence regarding all business matters of the client, in particular trade and business secrets.

9.2 The duty of confidentiality extends to the entire content of the work and all information and circumstances that become known in connection with the execution of the engagement, including data of the client's customers.

9.3 Rapid user feedback is released from the duty of confidentiality towards employees and subcontractors but must impose the duty of confidentiality on them and is liable for their breaches as for its own.

9.4 The duty of confidentiality applies indefinitely beyond the end of the contractual relationship. Exceptions exist for legally required disclosure obligations.

10. Fees and Payment

10.1 Fees are agreed upon contractually on a case-by-case basis. Rapid user feedback is entitled to issue interim invoices and to demand progress payments. Fees are due upon invoicing. The payment deadline is indicated on the respective invoice.

10.2 Rapid user feedback issues an invoice entitling input tax deduction with all legally required elements.

10.3 Out-of-pocket expenses, costs, and travel expenses are to be reimbursed separately.

10.4 If the agreed work is not carried out for reasons attributable to the client, or due to a justified early termination by rapid user feedback, rapid user feedback retains the claim to the full agreed fee less saved expenses. Saved expenses are fixed at 30 percent of the fee for services not yet rendered.

10.5 In the event of non-payment of interim invoices, rapid user feedback is released from the obligation to provide further services. The assertion of further claims remains unaffected.

11. Electronic Invoicing

The client expressly agrees to receiving invoices in electronic form.

12. Contract Duration and Termination

12.1 The contract generally ends upon completion of the project.

12.2 The contract may be terminated at any time by either party for good cause without notice. Good cause includes, in particular:

• material breach of contractual obligations,
• opening of insolvency proceedings with subsequent default of payment,
• justified concerns regarding creditworthiness, provided neither advance payment nor security is made and the poor financial circumstances were not known at the time of contract conclusion.

Part II – Platform Use by Clients

13. Platform Use

13.1 Rapid user feedback provides clients with a platform through which studies can be created, participants recruited, and studies conducted.

13.2 Use of the platform requires a separate agreement (framework agreement, individual engagement, or platform agreement).

13.3 Rapid user feedback reserves the right to further develop the platform, modify features, or discontinue them at any time.

14. Self-Service Studies

14.1 Clients may independently create and conduct studies via the platform (self-service studies).

14.2 For self-service studies, the client is solely responsible for the content, execution, and compliance with all applicable laws, in particular data protection law. Rapid user feedback is not liable for self-service studies.

14.3 The client ensures that its self-service studies:

• do not contain any illegal, discriminatory, offensive, or otherwise impermissible content,
• respect the rights of third parties, in particular the personal rights of participants,
• comply with the requirements of the GDPR and all applicable data protection laws.

14.4 Rapid user feedback reserves the right to review self-service studies and to stop the study or block access to the platform in the event of violations of these provisions or applicable law.

14.5 The client indemnifies rapid user feedback against all third-party claims arising from a self-service study conducted by the client.

15. Participant Panel

15.1 Rapid user feedback provides clients with access to its participant panel. The selection of suitable participants for a study is based on criteria defined by the client, to the extent the panel permits.

15.2 Rapid user feedback does not guarantee any specific number of available participants or any specific profile.

15.3 The client is prohibited from directly contacting, soliciting, or recruiting panel participants outside the platform for studies.

Part III – Data Protection and Data Processing

16. Data Protection Role Allocation

16.1 Rapid user feedback as controller: For the management of the participant panel, participant recruitment, and the conduct of its own studies, rapid user feedback is an independent controller within the meaning of the GDPR.

16.2 Rapid user feedback as processor: Insofar as rapid user feedback processes personal data on behalf of the client (in particular for self-service studies or the conduct of studies on the client's instructions), rapid user feedback acts as a processor within the meaning of Art. 28 GDPR. In this case, the following provisions apply as the Data Processing Agreement (DPA).

17. Data Processing Agreement (DPA)

17.1 Subject Matter and Duration

The data processing encompasses the processing of personal data in the context of studies conducted by the client via the platform or through rapid user feedback. The duration is determined by the term of the respective engagement.

17.2 Nature and Purpose of Processing

Processing encompasses the collection, storage, use, and where applicable, transmission of personal data of study participants for the purpose of conducting user experience studies, usability tests, and related research activities on behalf of the client.

17.3 Categories of Data Subjects

Study participants recruited via the rapid user feedback panel or by other means for the client's study.

17.4 Categories of Personal Data

Name, email address, demographic data, profile data, video/audio/screen recordings, study results, and other data arising from the specific study.

17.5 Obligations of rapid user feedback as Processor

Rapid user feedback commits to:

• processing personal data exclusively on the client's instructions (Art. 28(3)(a) GDPR), unless required by law,
• ensuring that persons authorized to process personal data are bound by confidentiality (Art. 28(3)(b) GDPR),
• implementing all technical and organizational measures required under Art. 32 GDPR,
• complying with the conditions for engaging sub-processors (Art. 28(2) and (4) GDPR),
• assisting the client in fulfilling data subject rights (Art. 15–22 GDPR),
• assisting the client in complying with obligations under Art. 32–36 GDPR,
• deleting or returning all personal data upon termination of processing, unless a statutory retention obligation exists,
• making available to the client all information necessary to demonstrate compliance with obligations and enabling audits.

17.6 Sub-Processors

Rapid user feedback engages the sub-processors listed in the Privacy Policy. The client consents to the engagement of these sub-processors. Rapid user feedback shall inform the client before engaging new sub-processors. The client may object in writing within 14 days of notification. If no agreement can be reached, both parties have the right to extraordinary termination.

17.7 Notification of Data Breaches

Rapid user feedback shall inform the client without undue delay upon becoming aware of a personal data breach (Art. 33(2) GDPR).

17.8 Technical and Organizational Measures

Rapid user feedback implements appropriate technical and organizational measures pursuant to Art. 32 GDPR, in particular:

• encryption of personal data during transmission and storage,
• access and authorization controls,
• regular review of security measures,
• pseudonymization, insofar as compatible with the processing purpose.

Part IV – Final Provisions

18. Amendments

18.1 Amendments to the contract and these Terms of Service require written form; the same applies to any deviation from this formal requirement. No oral side agreements exist.

18.2 The client shall be informed in writing of material amendments to these Terms of Service.

19. Applicable Law and Jurisdiction

19.1 These Terms of Service and all contracts based thereon are governed by Austrian law, excluding the conflict of laws provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).

19.2 Place of performance is the registered office of rapid user feedback. Place of jurisdiction is Vienna, Austria.

20. Final Provisions

20.1 The contracting parties confirm that all information in the contract has been provided conscientiously and truthfully and commit to promptly notifying each other of any changes.

20.2 Should any provision be or become invalid, this shall not affect the validity of the remaining provisions.