User Agreement

Welcome to Dlyte

This User Agreement ("Agreement") governs your access to and use of Dlyte, a two-sided marketplace platform operated by Dlyte Pty Ltd (ACN 636 076 885) ("Dlyte," "we," "our," or "us") that connects businesses with qualified product testers. By creating an account or using our services, you agree to be bound by this Agreement.

1. Account Registration and Eligibility

1.1 Eligibility

To use Dlyte, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our services under applicable laws
• Provide accurate, current, and complete information during registration

1.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches
• Ensuring your profile information remains accurate and up-to-date

1.3 Account Types

2. Acceptable Use and Prohibited Activities

2.1 You Agree Not To:

• Provide false, misleading, or inaccurate information
• Impersonate any person or entity
• Use the platform for any unlawful purpose
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to any part of the platform
• Use automated systems (bots, scrapers) without authorization
• Interfere with or disrupt the platform's operation
• Collect or harvest user information without consent
• Post or transmit malicious code, viruses, or harmful content
• Circumvent any access or use restrictions we implement

2.2 Professional Conduct

All users must maintain professional conduct including:

• Communicating respectfully and professionally
• Meeting agreed-upon deadlines and commitments
• Providing honest feedback and accurate information
• Respecting confidentiality agreements and NDAs

3. Services and Features

3.1 For Businesses

Dlyte provides:

• Access to a qualified tester marketplace
• Tester insights and analytics (anonymized and aggregated)
• Audience targeting tools based on 13+ criteria categories
• Study criteria management and tester filtering
• Secure platform for managing testing projects

3.2 For Testers

Dlyte provides:

• Access to product testing opportunities
• Profile management tools
• Opportunity to work with diverse businesses and industries
• Fair matching based on qualifications and preferences

3.3 AI-Assisted Features

Dlyte incorporates artificial intelligence to enhance platform functionality. By using AI-assisted features, you acknowledge and agree that:

• AI-generated suggestions (such as audience segmentation analysis) are advisory only and do not constitute professional research, statistical, or strategic advice
• You are responsible for reviewing and approving any AI-generated recommendations before they are applied to your projects
• AI outputs may not always be accurate, complete, or suitable for your specific needs — you should exercise your own judgement when acting on AI suggestions
• AI features process only non-personal, aggregated criteria data — no individual tester information is sent to AI services (see our Privacy Policy for details)
• We may update, modify, or improve AI features over time to enhance accuracy and functionality

3.5 No AI Training on Your Content

Dlyte does not use any user-submitted content to train, fine-tune, or improve artificial intelligence or machine learning models — whether internally or through third-party providers. This applies to all content types, including but not limited to:

• Business-uploaded materials such as prototypes, design files, briefs, research questions, screenshots, recordings, messaging, and product strategy documents
• Tester feedback, responses, and testing results
• Profile information from both Businesses and Testers
• Any communications or data submitted through the Platform

Where AI is used on the Platform (e.g., audience segmentation), it processes only aggregated, non-identifiable criteria categories — never your proprietary business materials or individual tester data. Our AI provider (OpenAI) operates under enterprise data processing terms that prohibit the use of our API data for model training.

3.6 Unmoderated Test Recordings (Video & Voice)

Certain unmoderated testing methods allow Businesses to request video and voice responses from participants. By using this feature, you acknowledge and agree to the following:

For Testers (Participants)

• You must provide explicit consent before any recording begins — consent is collected via an on-screen checkbox before the test starts. If you prefer not to record, you may decline and provide written responses instead
• You control when recording starts and stops for each question — no background or continuous recording occurs
• You may review and re-record your response before confirming each answer
• Your recordings will be securely stored and shared only with the Business that created the test
• Audio from your recordings will be transcribed using an AI speech-to-text service (OpenAI) — only the audio portion is sent for transcription, not video frames
• You must not include sensitive personal information of third parties (e.g. names, addresses, financial details of others) in your video responses
• You may request deletion of your video recordings at any time via the data deletion process

For Businesses

• Video and voice responses are provided for your internal research purposes only
• You must not redistribute, publish, or share raw video recordings outside your organisation without the participant's explicit written consent
• You must not use video recordings for purposes other than the testing project for which they were collected
• Video recordings and transcripts are subject to the same confidentiality obligations as all other testing data on the Platform
• You may request deletion of video recordings associated with your tests at any time

3.7 Moderated Session Recordings

When a Business conducts a moderated research session through the Platform, the live video conference is recorded using a third-party video conferencing service (Daily.co). The recording is then transferred to and stored in our own cloud infrastructure (Google Cloud). By participating in a moderated session, you acknowledge and agree to the following:

For Testers (Participants)

• The full video conference session (including your audio and video) will be recorded
• Before entering the session room, you will be presented with an explicit consent gate requiring you to confirm: (a) consent to being recorded, and (b) agreement to keep study materials confidential. The session room is only accessible after both confirmations are submitted
• The session is hosted via Daily.co, a third-party video conferencing platform
• Audio from the recording will be transcribed using an AI speech-to-text service (ElevenLabs) — only the audio portion is sent for transcription, not video frames
• Session recordings are retained for 75 days and then permanently deleted
• Session transcripts remain available after the recording is deleted
• You may request deletion of your session data at any time via the data deletion process

For Businesses

• Session recordings are subject to a 75-day automatic retention policy — after 75 days, the video recording is permanently deleted
• You will receive email warnings at 14 days and 3 days before a recording is due to expire
• You are responsible for downloading recordings before expiry if you wish to retain them
• Session transcripts, notes, and highlights are not affected by video deletion and remain available indefinitely
• You must not redistribute, publish, or share session recordings outside your organisation without the participant's explicit written consent
• Session recordings are subject to the same confidentiality obligations as all other testing data on the Platform

For full details on how all recordings are captured, processed, stored, and retained, see the Privacy Policy.

3.8 Platform Availability

We strive to maintain platform availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any feature at any time with reasonable notice.

4. Payment Terms

4.1 Business Payments

• Payment terms are defined in your specific subscription or service plan
• All fees are non-refundable unless otherwise stated
• You authorize us to charge your payment method for all fees incurred
• Failure to pay may result in service suspension or termination
• We may change pricing with 30 days advance notice

4.2 Tester Compensation

• Compensation rates are defined per testing opportunity and are visible before you accept any task
• Payouts are made via direct Australian bank transfer (BSB and account number) to the account you register in your payout settings
• You must maintain accurate and up-to-date bank account details in your account — Dlyte cannot recover funds transferred to an incorrect account you have provided
• Payout approval is subject to verification and quality standards; approved payouts are processed manually by the Dlyte team within 1–3 business days
• You will receive an email confirmation when your bank details are saved and a separate notification when a payout request is submitted
• Testers are solely responsible for declaring and paying all applicable taxes on earnings received through the platform

4.3 Payment Processors

Dlyte uses the following payment infrastructure:

• Stripe — processes credit purchases and subscription payments from Business accounts. Stripe is PCI DSS Level 1 certified. Dlyte does not store Business card details.
• Direct bank transfer — tester payouts are made directly by the Dlyte team via Australian bank transfer. No third-party payout processor is used. Tester bank details (BSB, account number, and account name) are stored securely and used solely to process approved payouts.

5. Intellectual Property Rights

5.1 Platform Ownership

Dlyte and all related trademarks, logos, content, and technology are owned by Dlyte PTY LTD or our licensors. You may not use, copy, or distribute our intellectual property without written permission.

5.2 User Content

By submitting content to Dlyte, you:

• Retain full ownership of your content at all times
• Grant us a limited, worldwide, non-exclusive license to use, store, and display your content solely for the purpose of operating the Platform — meaning: delivering your content to intended recipients (e.g., testers viewing testing materials, businesses receiving feedback), displaying it within your account, and performing necessary technical operations such as hosting, backup, and transmission
• This license does not grant Dlyte the right to sell, sublicense, or commercially exploit your content, use it for advertising or marketing (beyond showing it to your intended audience), or use it to train, fine-tune, or improve any AI or machine learning models
• This license terminates when you delete your content or close your account, except where retention is required by law (see Section 8.3)
• Represent that you have all necessary rights to the content
• Agree not to submit content that infringes third-party rights

5.3 Testing Materials and Feedback

Businesses retain ownership of testing materials. Testers may not share, reproduce, or disclose testing materials without explicit permission. Feedback provided by testers — including written responses, video recordings, and voice recordings — may be used by the business that requested it for internal research purposes, subject to the terms in Section 3.6.

5.4 Confidentiality and NDA Framework

Dlyte takes the protection of business ideas and intellectual property seriously. Our confidentiality framework operates on two levels:

• Platform NDA (Standard): All Testers on Dlyte agree to a platform-wide non-disclosure agreement as part of their registration. This standard NDA prohibits Testers from sharing, reproducing, or disclosing any testing materials, prototypes, feedback, or project details they encounter through the Platform with any third party, both during and after their participation.
• Custom NDA (Optional): Businesses may upload their own non-disclosure agreement for participants to sign before accessing test materials. Custom NDAs are presented to matched Testers, who must accept them before they can view or interact with the Business's testing project. This allows businesses with specific legal requirements to ensure their proprietary materials receive additional protection.

Operational safeguards: In addition to NDA protection, the Platform implements the following confidentiality controls:

• Access controls that limit testing materials to matched and approved Testers only
• Data isolation between testing projects — Testers can only access materials for projects they are assigned to
• Anonymisation of tester identities in results delivered to Businesses (unless explicit consent is given)
• Audit trails for access to sensitive testing materials
• Businesses can request watermarking of visual materials shared with Testers

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

Key privacy commitments:

• We use AES-256 encryption for data at rest
• All data transmissions use TLS 1.2 or higher
• Tester data shown to businesses is anonymized and aggregated
• We comply with WCAG 2.1 Level AA accessibility standards
• We implement Privacy by Design principles

7. Disclaimers and Limitation of Liability

7.1 Service Provided "As Is"

DLYTE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS INCLUDES AI-ASSISTED FEATURES, WHICH ARE PROVIDED WITHOUT GUARANTEES OF ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PARTICULAR PURPOSE.

7.2 No Guarantee of Results

We do not guarantee that businesses will find suitable testers, or that testers will find testing opportunities. We are a marketplace platform and do not control user interactions or outcomes.

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DLYTE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• User conduct or third-party actions
• Unauthorized access to or alteration of your content
• Service interruptions or technical failures
• Decisions made based on AI-generated suggestions or recommendations

Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

7.4 Indemnification

You agree to indemnify and hold harmless Dlyte, its affiliates, and their respective officers, directors, and employees from any claims, damages, losses, or expenses (including legal fees) arising from your use of the platform, violation of this Agreement, or infringement of any rights.

8. Account Termination and Suspension

8.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Termination does not relieve you of payment obligations for services already rendered.

8.2 Termination by Dlyte

We may suspend or terminate your account if:

• You violate this Agreement or our policies
• You engage in fraudulent or illegal activity
• Your account remains inactive for an extended period
• We are required to do so by law
• Continuing your access poses a security risk

8.3 Effect of Termination and Data Retention

Upon termination, your access to the Platform will cease. We handle your data as follows:

• Account data (profile, preferences, settings): Deleted within 30 days of account closure
• Business-uploaded content (prototypes, briefs, research materials): Deleted within 30 days of account closure unless associated with an active or completed testing project
• Unmoderated test data (results, feedback, signals, video recordings, transcripts): Retained until the Business or participant requests deletion
• Moderated session recordings (video): Automatically deleted after 75 days. Email warnings are sent 14 days and 3 days before deletion. Businesses may download recordings before expiry
• Moderated session transcripts: Retained indefinitely and unaffected by video deletion. Deleted upon Business or participant request
• Financial records (transactions, invoices, payment history): Retained for 7 years as required by Australian tax law (Taxation Administration Act 1953)
• Anonymised and aggregated data: May be retained indefinitely as it cannot be linked back to any individual
• System backups: May contain your data for up to 90 days after deletion, after which backups are rotated and overwritten

Requesting deletion: You may request deletion of your account and associated data at any time by:

• Using the account deletion option in your account settings
• Contacting us at support with a deletion request

We will confirm deletion within 30 days and notify you when the process is complete. Provisions regarding intellectual property, liability limitations, and dispute resolution survive termination.

9. Dispute Resolution

9.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us to attempt to resolve the dispute informally. Contact us with a detailed description of the dispute.

9.2 Governing Law

This Agreement is governed by the laws of Australia, without regard to conflict of law principles.

9.3 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA), except where prohibited by law.

9.4 Class Action Waiver

You agree to resolve disputes on an individual basis only and waive the right to participate in class actions or representative proceedings, except where such waiver is prohibited by law.

10. General Provisions

10.1 Changes to Agreement

We may modify this Agreement at any time. Material changes will be communicated via email or platform notification at least 30 days in advance. Continued use after changes constitutes acceptance.

10.2 Entire Agreement

This Agreement, together with our Privacy Policy and any other referenced policies, constitutes the entire agreement between you and Dlyte regarding use of the platform.

10.3 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

10.4 Assignment

You may not assign or transfer your rights under this Agreement. We may assign our rights and obligations without restriction.

10.5 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision of this Agreement.

10.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or infrastructure failures.

11. Contact Information

For questions about this User Agreement, please contact: