General terms and conditions of use and business of the Tobii AB (publ)

1. Preamble

Tobii AB (publ) ("Tobii") offers companies ("Customers") the use of a platform for the administration of tests ("Test"), which are conducted via the Tobii smartphone application ("APP"). The APP uses an eye-tracking method created by Tobii to record the eye movements of the test person when viewing test objects displayed in the APP ("Gaze Data"). Tobii also aggregates evaluations from the data, which are displayed to the Customer via the platform.

The Tobii entity which will be providing services hereunder will, unless specified otherwise on the Description of Services (as defined in Section 2.6), be:

for Clients located in Canada or the USA: Tobii Technology Inc, a US corporationwith offices at 12007 Sunrise Valley Drive, Suite 400 Reston, VA;

Notices: Tobii Technology Inc, 12007 Sunrise Valley Drive, Suite 400, Reston, VA20191, USA (att: Legal Dept.)

for Clients located in the United Kingdom: Tobii Pro UK Holdings Ltd., a UK limited liability company with offices at 1 Chapel Street, Warwick, England, CV34 4HL;

Notices: Tobii Pro UK Holdings AB, 1 Chapel Street, Warwick, England, CV34 4HL(att: Legal Dept.)

for Clients located in Japan: Tobii Technology K.K, a Japanese limited liability company with offices at 7-7-7 Nishigotanda, SG Square 3F, Shinagawa-ku, Tokyo141-0031, Japan;

Notices: 7-7-7 Nishigotanda, SG Square 3F, Shinagawa-ku, Tokyo 141-0031JAPAN (att: Legal Dept.)

for Clients located in the EU/Rest-of-world: Tobii AB, a Swedish corporation withoffices at Karlsrovägen 2D, S-182 53 Danderyd, Sweden;

2. Scope and conclusion of contract

2.1. This document contains the General Terms and Conditions ("GTC") underwhich Tobii provides services to customers.

2.2. Subject matter of this contract are all services of Tobii towards the customer. Service can be in particular the provision of the platform for use by the customer.

2.2. These GTC are also valid if the contracting parties make future agreements about services of Tobii without Tobii referring to these GTC again. This is especially valid for service offers, which will be created by Tobii in the future. Tobii offers its services to the customer only on the basis of theseGTC.

2.3. These GTC are also valid if the contracting parties make future agreements about services of Tobii without Tobii referring to these GTC again. This is especially valid for service offers, which will be created by Tobii in the future. Tobii offers its services to the customer only on the basis of theseGTC.

2.4. A contract is concluded when the customer accepts the offer of Tobii in textform, Tobii grants the customer access to use the platform on request orthe customer starts to use the services of Tobii.

2.5. The content of the contract results primarily from the specifications made in Tobii's offer and then from the documents mentioned below in the order in which they are mentioned:

- Service descriptions in accordance with point 2.6,
- these GTC.

2.6. Descriptions of services result from the features or other information about a product or an offer including price lists ("Descriptions of Services"), which are specified or referred to digitally or otherwise by Tobii before or at the conclusion of the contract. The service descriptions may in particular also determine the scope and modalities of the service provision as well as the necessary technical requirements. Verbal information does not constitute a service description if it is not confirmed by Tobii in text form.

2.7. Terms and conditions of the customer deviating from these terms and conditions in whole or in part are not accepted by Tobii, unless Tobii has explicitly agreed to them in written form. This is also valid if Tobii performs services without renewed reservation in knowledge of conflicting terms and conditions of the customer. Only the management of Tobii or employees authorized by Tobii in written form are authorized to agree.

2.7. Terms and conditions of the customer deviating from these terms and conditions in whole or in part are not accepted by Tobii, unless Tobii has explicitly agreed to them in written form. This is also valid if Tobii performs services without renewed reservation in knowledge of conflicting terms and conditions of the customer. Only the management of Tobii or employees authorized by Tobii in written form are authorized to agree.

3. Technical bases and conditions of use of the services

3.1. Tobii is free in the implementation and design of its services, as far as no concrete specifications are agreed upon. This applies especially with regard to the compliance with standards (e.g. DIN, ISO, BSI).

3.2. It is the customer's responsibility to determine the technical and other customer-side requirements for the use of Tobii's services, especially the requirements for IT-resources ("system requirements"), and to create them before using the services. This does not apply as far as Tobii has checked the technical feasibility regarding the specific systems or the system requirements at the customer's site as its own service.

3.3. Tobii can communicate the system requirements or recommendations in individual cases, include them in the service description or make them available on its own digital information offers. System requirements published by Tobii are non-binding minimum requirements for the use of Tobii's services at the time of publication. Tobii is released from its own (subsequent) performance obligations and (defect) liability, as far as these are not only insignificantly caused by the non-compliance with the minimum requirements.

3.4. The system requirements or recommendations are adjusted by Tobii according to technical progress from time to time and do not guarantee the quality of Tobii's services for the whole contract period. It is the customer's responsibility to check if the system requirements or recommendations have changed immediately before agreeing on (further) services. This also applies if Tobii has knowledge of the intended use of the services by the customer.

3.5. If the customer deviates from communicated system requirements, it is the sole responsibility of the customer to check and bring about compatibility. 

3.6. Only the explicitly and specifically agreed components are owed by Tobii. Further software, hardware, access, telecommunication or data services, other services or items necessary to connect or install Tobii's services to the customer's systems or to use Tobii's services are to be procured and provided by the customer at his own expense.

4. Subject of the contract

4.1. Provision of the platform and the APP

4.1.1. The focus of the services is the provision of the platform for the use of the functionalities of the software via the internet, especially in connection with the APP (Software as a Service, "SaaS") by the customer. Tobii operates the platform on an external IT infrastructure (Cloud) and provides the customer with an access to the software (customer account) via the internet. Furthermore, Tobii provides test persons with the APP to use for the execution of the tests.

4.1.2. The customer gets access to the platform via an own customer account. Tobii is entitled to make the use of the customer account completely or partly dependent on the receipt of due payments for the service.

4.1.3. On the platform, the customer can design concrete tests, start the execution and view the results of the test (such an undertaking is henceforth also referred to as a "project"). 

4.1.4. The key data of a project are determined by the concrete agreements and specifications, especially on the platform. For example, the number of test persons, the test minutes that can be used and the project period can be bindingly limited for a concrete project.

4.1.5. The test object is deposited on the platform by the customer according to the current specifications and the test modules to be used are compiled. The platform allows various objects (URLs, images, videos), tasks for the test subjects and research methods (thinking aloud, questionnaires, ratings, A/B testing). The concrete tests that can be performed and the requirements for data or files to be provided by the customer are subject to change within the framework of the contract.

4.1.6. The test created by the customer on the platform is compiled with the release of the test by the customer for retrieval in the APP. It is the customer's responsibility to check the proper implementation in the APP. 

4.1.7. In addition, a template for the invitation of test persons on the platform is generated for the project with a proposal for the implementation of the instructions for the test persons given by the customer or resulting from the test, including an invitation link for downloading the APP as well as the test code for calling up the test by the test persons. 

4.1.8. The project period begins with the activation of the project in the customer account and is 3 months, unless otherwise agreed. After the expiry of the project period, no more test results from the APP will be accepted by the platform and the test code provided to the customer for sending to test persons is no longer valid. If a maximum number of test persons and/or test minutes has been agreed for a specific project, these shall expire without replacement upon expiry of the project period, insofar as they have not been used.

4.1.9. The results of tests are accessible on the platform for a period of 1 month after the end of the project. Tobii is entitled to store and make available to the customer beyond this period but is not obliged to do so as long as the account exists for the customer. The customer can delete the result data in his account at any time. There is no right to download raw data, evaluations or other results, but only to use the display functions of the platform as intended. As far as Tobii offers the download of data on the platform, this is done without any legal obligation. In particular Tobii is entitled to change the formats, data fields, structure and the algorithms underlying the evaluations at any time, unless otherwise expressly agreed. 

4.2. Nature of services, models and calculations

4.2.1. Performances of Tobii may be based on complex algorithms, models, methods or mathematical formulas. Errors may occur in these fundamentals, in the implementation, in the configuration, in the presentation and in the interpretation.

4.2.2. The customer performs an appropriate plausibility and random check with regard to the results of Tobii's services ("calculation results"), especially before calculation results are used as a basis for economic decisions.

4.3. Changes to the platform and services

4.3.1. The object of the provision services is the respective current version of the platform and the APP. This can only be deviated from by express agreement.

4.3.2. Tobii is entitled at any time to change, extend and adapt the platform or the software on which it is based or services provided in connection with it, in particular by installing updates, new versions or other further developments of the software (new program status). New program versions may also require modified technical requirements to be ensured by the customer. New program versions may also affect, restrict or remove functionalities, algorithms and calculation methods.

4.3.3. The new program versions are imported by Tobii. It is the customer's responsibility to check if new program versions contain relevant changes for the customer based on the information provided by Tobii. The import of a new program version is done with a minimum of 14 days notice. Changes can be announced on the platform or on the website of Tobii. Tobii is entitled to reduce or cancel the announcement period if and as far as measures serve to maintain the security or integrity of the information technology systems of Tobii and a longer waiting period seems unreasonable. In these cases the information should be provided immediately.

4.3.4. As far as the customer sees his legitimate interests unreasonably affected by a new program version, he informs Tobii immediately in text form under description of the effects to give Tobii the opportunity to reduce or eliminate these effects. Reasonable are new program versions which are necessary to maintain the security or integrity of Tobii's information technology systems. In case of doubt it is reasonable for the customer to update his IT resources to the state of the art if this is necessary to use a new program version. If the installation of a new program version is unreasonable for the customer, Tobii can provide the services regarding the old program version or cancel the contract, if the continuation seems unreasonable for Tobii. 

4.3.5. New program statuses must only be compatible with regard to the last program status provided, unless the parties have expressly agreed on another program status as the basis for further program statuses (fork).

5.1. Availability 

5.1.1. For the provision of the platform Tobii strives for an availability of 98.5% in the calendar year within its area of responsibility. Decisive is the availability of the platform at the server used by Tobii. Not included in the area of responsibility are especially the telecommunication channels, the hard- and software environment at the customer or the test persons. 

5.1.2. In times of inaccessibility ("downtimes") the accessibility of the platform may be impaired or excluded. In particular, downtimes can occur during the execution of necessary care and maintenance work on the IT infrastructure. Tobii tries to schedule downtimes at times of low utilization, especially at night. Tobii announces downtimes with reasonable advance notice. The announcement of downtimes can especially be made on the platform or the website of Tobii. This does not affect Tobii's right to take appropriate measures at any time, even without announcement, to prevent concrete threats to the security and integrity of the systems.

5.2. Fault processing 

5.2.1. If technical errors occur during the provision of the platform, Tobii will make every effort to correct them within a reasonable period of time, taking into account the respective situation, in particular the cause, severity and effects of the error.

5.2.2. A fault can also be handled by Tobii providing a workaround (Work Around). 

5.2.3. The customer will reimburse Tobii expenses for the examination and measures for the removal of a malfunction, if the cause of the malfunction is within the responsibility of the customer and if Tobii has pointed this out at the beginning of the services.

6.1. As far as the services of Tobii are based on software, the customer does not acquire any rights of use to the software itself. In particular, the customer does not receive any rights to the source code of the software, to the platform or to the algorithms or methodologies on which the evaluations are based. The software shall not be transferred to the customer's computers or handed over for installation on the customer's own resources or those of third parties. This also applies to the extent that the test on the platform is individually compiled by the customer or individually adapted, further developed or modified for the customer.

6.2. The customer is not granted any right to the software itself. The customer is also not entitled to examine the functionality of the software or the tests by means of so-called reverse engineering, to decompile them, to disassemble them into their components and/or to use them as a basis for the creation of own software programs. The customer is also not allowed to perform technical load and/or penetration tests of Tobii's systems without consultation with Tobii. Possible legal rights according to §§ 69d, 69e UrhG, § 11 PatG and § 6 HalblSchG remain unaffected.

6.3.  If files relating to the customer's projects are made available to the customer on the platform by download, the customer shall receive a simple right of use to his copies of these data for the contractually intended purpose.

7.1. The contact person registered in the customer account for the customer is authorized to make legally binding declarations for the customer and in particular to start projects subject to remuneration or to acquire credit points.

7.2. The customer is liable and responsible for all declarations and legal transactions made with his login data in the customer account.

7.3. The customer must always keep the data provided in the customer account during registration, in particular his contact data, up to date. Insofar as changes occur, the customer must update the information in his account without delay.

7.4. The customer ensures that its use of the platform is legally compliant. In particular, the customer guarantees that the contractual use of the tests configured by him and the information, texts, images, etc. posted for testing does not violate data protection, competition, criminal, copyright, trademark, labelling, patent, labour or name law regulations or regulations on the protection of minors or otherwise infringe the rights of third parties.

7.5. It is the customer's responsibility to find test subjects and to ensure that the mobile end devices required to conduct the tests are available to the test subjects in accordance with the product descriptions. The customer shall also ensure that contacting the test subjects for the purposes of conducting the tests is legally permissible.

7.6. It is the customer's responsibility to ensure that only persons authorised by him use the access data for the test and that there is no multiple use of the access data which could falsify the evaluation.

7.7. The customer shall ensure a sufficiently fast Internet connection for the use of the platform and shall keep all access devices used by him secure, in particular by installing all security-relevant updates.

7.8. The customer shall ensure compliance with its obligations by correspondingly obligating its vicarious agents and persons employed in performing an obligation, insofar as this is reasonable.

8. 8.1. As far as Tobii offers the customer to acquire credit points, these will be credited to the customer's account after full payment and can be used for projects afterwards.

8.2. Unless otherwise agreed, credit points automatically lose their validity 12 months after acquisition and are also not refunded. This does not apply to 10% of the unclaimed, commercially rounded credit points; these expire 18 months after acquisition. When used on projects, the oldest creditpoints are used first.

8.3. Credit points earned are neither convertible nor refundable.

9. 9.1. The remuneration usually consists of a basic remuneration per project and a quantity-dependent remuneration (per test person and/or per test minute according to the customer's selection); the details result from the offer or from the information made available on the platform, in particular the price list.

9.2. In case of doubt, the remuneration for a specific project is due in advance with the order or creation of the project on the platform. The same applies to the acquisition of credit points.

9.3. The customer agrees to the electronic transmission or provision of invoices by Tobii.

9.4. If Tobii provides services at the client's request, which are not shown in the offer or are not priced, Tobii will receive a fee for this according to the general hourly rates of Tobii.

9.5. Unless expressly stated otherwise, all prices are net prices plus VAT.

9.6. Tobii reserves the right to adjust the prices for its own services with a notice period of 3 weeks. The changed prices are valid for all new projects from the effective date. If Tobii increases the prices by more than 10%, the customer can cancel the contract at the effective date of the price adjustment, as far as he has creditpoints in his account at the time of the announcement of the price increase; in this case Tobii will refund the creditpoints not used at the end of the contract. The cancellation has to be declared at the latest 1 week before the price adjustment takes effect. Tobii points out the special right of cancellation in the announcement of the price adjustment.

The customer is obligated to pay for each individual case of culpable violation of the obligation for legally compliant use according to section 7.4. to pay a contractual penalty to be reasonably determined by Tobii in accordance with § 315 BGB (German Civil Code), in case of dispute to be reviewed by the competent court, which amounts to at least EUR 5,001.

11.1. The following regulations concerning the liability of Tobii apply to all claims for damages or other claims for compensation of the customer arising out of or in connection with the execution of this contract and cases of liability irrespective of the legal grounds on which they are based (e.g. delay, impossibility, any breach of duty, existence of an obstacle to performance, tort etc.).

11.2. For claims of the customer

- for damages resulting from injury to life, body or health, 

- in case of fraudulent concealment of a defect by Tobii or due to the absence of a quality for which Tobii has given a guarantee, 

- which are based on an intentional or grossly negligent behaviour of Tobii, its organs or leading employees as well as

- according to the product liability law as well as 

- which are covered by § 44 or § 44a TKG. the statutory regulations remain in force.

11.3. Tobii and its vicarious agents are liable for negligently caused material and financial damages only in case of violation of an essential obligation, i.e. an obligation, the fulfillment of which enables the proper execution of the contract and on the compliance of which the customer may regularly rely, but limited to the compensation of the typical and at the time of conclusion of the contract foreseeable damage.

11.4. Typical and foreseeable damages according to clause 11.3. are only damages up to an amount of EUR 25,000.00.

11.5. Apart from that the liability of Tobii for slight or simple negligence is excluded.

11.6. The strict liability of Tobii in the area of tenancy and similar user relationships for errors already existing at the time of the conclusion of the contract is expressly excluded.

12.1. The contracting parties undertake to keep secret all confidential information to which they have access in connection with this contract for an unlimited period. Confidential information is information which is either marked as proprietary or confidential or otherwise identified, or information which, according to the circumstances of its disclosure, is reasonably recognisable as confidential by the recipient or which is business secrets within the meaning of § 2 No. 1 GeschGehG.

12.2. The above confidentiality obligation shall not apply if and to the extent that the respective information is demonstrably (i) generally known or becomes generally known through no fault of the recipient and without any breach of this confidentiality obligation, (ii) is or becomes state of the art, (iii) is already known to the recipient at the time of transmission, (iv) has been or becomes lawfully known or accessible to the recipient by a third party, (v) must be disclosed due to statutory provisions or enforceable official orders or court decisions. The burden of proof for the existence of an exceptional circumstance shall beborne by the respective recipient of the information. The other contracting party shall be informed in good time before the information is passed on to third parties.

12.3. Each contracting party shall take reasonable precautions to safeguard the confidential information of the other party, at least, however, the measures required pursuant to § 2 No. 1 b) GeschGehG. Each contracting party shall only disclose confidential information of the other party to bodies, employees, consultants or subcontractors subject to this confidentiality obligation, to which the recipients shall then be subject accordingly.

12.4. If Tobii provides the customer with data of the tests in anonymized form, Tobii is allowed to use this data without customer specific information for its own purposes. The own purposes of Tobii include in particular the technical and content analysis of the tests, the improvement of the own performance as well as the aggregation and utilization of general data and information also towards third parties. 

13.1. Tobii processes personal data only in accordance with the applicable legal regulations, in particular the General Data Protection Regulation (GDPR) as well as the Federal Data Protection Act (BDSG). The customer is responsible for the execution of the tests in compliance with data protection law.

13.2. The customer assumes the fulfillment of all data protection information obligations, in particular from Art 13 or 14 GDPR, towards data subjects from his own sphere of responsibility, in particular employees, for processing of personal data by Tobii for the execution of the contract.

13.3. The customer is also obliged to provide a legally compliant privacy policy and/or consent for the test subjects and to include this in the test.

13.4. In the course of the service provision personal data will be processed by Tobii. The parties regulate this data processing by Tobii in a separate agreement on commissioned processing or in an agreement to be concluded according to the general model of Tobii.

14.1. In case of doubt, the contract shall commence upon conclusion of the contract in accordance with section 2.4 and shall run for an indefinite period.

14.2. The user relationship with regard to the platform can be terminated by both contracting parties with a notice period of 2 weeks to the end of a calendar month. This termination is possible for the first time 3 months after conclusion of the contract. 

14.3. If one of the contracting parties terminates the contract and, at the time of the declaration of termination, projects have already been ordered by the customer but not yet completed, the contract shall end at the earliest at the end of the month pursuant to section 4.1.9. after the end of the project period pursuant to section 4.1.8. of the last of these projects.

14.4. If one of the contracting parties cancels the contract and the customer account is still credited with creditpoints at the time of the cancellation, the contract ends at the earliest with the expiration of the validity period according to section 8.2. Tobii can instead choose by unilateral declaration to the customer that the contract ends within the period of section 14.2. and Tobii reimburses the customer the price for the acquisition of the creditpoints credited to the account at the time the cancellation becomes effective. An acquisition of Creditpoints is no longer allowed after receipt of the notice of termination.

14.5. The contract shall terminate automatically, without notice being required, if

- 6 months have passed since the end of the last project period, 
- the customer account has been inactive for 6 months, and
- the customer no longer has any valid credit points in the account.

14.6. The right of both parties to extraordinary termination for cause remains unaffected. An important reason for Tobii is especially given if the further execution of the contract is unreasonable for Tobii, because

- the customer has culpably breached essential obligations arising from this contract, in particular misuses the test,

- the customer is in arrears with the payment of the remuneration or a not insignificant part of the remuneration either for two consecutive months or for a period longer than two months in the amount of at least two monthly payments.

14.7. Notice of termination must be given at least in text form. 

14.8. The right to access the platform and other service claims of the customer will be blocked or discontinued according to the extent of the cancellation. Tobii is entitled to delete data stored under the corresponding account ID on IT resources under the control of Tobii. The customer is obligated to inform Tobii at the same time with the cancellation if a deletion should not take place at the time the cancellation becomes effective.

15.1. Tobii reserves the right to change or amend these GTC and regulations in the service descriptions. The regulations for the change of the remuneration according to paragraph 9.6. remain unaffected. Tobii will inform the customer before every change or addition. Changes and amendments are considered accepted by the customer, if the customer does not object in text form within 6 weeks after notification. The consequences of the customer's silence will be pointed out to the customer by Tobii in the notification about the change or addition to these terms and conditions. If the user objects to the changes or additions, either party can terminate this contract according to clause 14.2. Clause 14.4. applies accordingly. The termination can be declared by Tobii already conditional on this case together with the notification. In case of mandatory changes or amendments of the GTC according to applicable law or judicial or official order, the above mentioned periods can also be shorter.

15.2. Amendments and supplements to these GTC must be made in text form. This also applies to the amendment or cancellation of this clause.

15.3. This clause 15. does not apply to adjustments or changes of the services of Tobii in continuing obligations, which do not have a significant influence on the equivalence relationship. In particular, the provisions of these GTC regarding changes of the systems or changes of the services due to updates remain unaffected.

16.1. Except in the area of § 354a HGB (German Commercial Code) the customer can only assign claims from this contract to third parties with prior written consent of Tobii.

16.2. The customer may only assert a right of retention or set-off with counterclaims that are undisputed, have been confirmed in writing by Tobii or have been legally established or to which the customer is entitled within the scope of the warranty for defects.

16.3. Declarations according to these GTC must be made in text form (such as fax, e-mail), unless otherwise agreed.

16.4. German law shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention) and such provisions that may lead to the application of foreign law. 

16.5. The exclusive place of jurisdiction for all disputes arising from and in connection with this contract is the headquarters of Tobii at the time of lis pendens. This does not apply if a different exclusive place of jurisdiction is determined by law. Furthermore Tobii remains entitled to sue at the general place of jurisdiction of the customer.

16.6. The processing of personal data according to Art. 8. and/or Art. 9 GDPR requires prior agreement with Tobii. 

Status: April 2023

Appendix 1:

Tobii provides a platform for creating and evaluating user tests online at In addition, Tobii provides a smartphone app that can be used to conduct the tests. 

Tobii creates an account for the customer and provides the functions for login/logout and password change by the customer.

It is possible to create user tests online in Tobii's platform (, which can then be run on smartphones by testers. The creation of a test is done by Tobii's customers. A test can consist of several components here. These components include:

● Welcome messages to the testers

● Possibility to create one or more categorical questions, which are answered by the tester before the task is executed (Quick Survey) 

● Possibility to create one or more tasks, which are performed by the tester. The following variations of the task are possible: 

- Stimulus material:
    ▪ Web pages or content accessible via URL on the internet
    ▪ Images
    ▪ Videos

- Optional methods:

    ▪ Thinking Aloud (on/off) 
    ▪ 5 star rating following a task (on/off + individualized design of the rating question)
   ▪ Private mode, which suspends the recording of data while processing a single task to allow login processes if necessary (on/off)
    ▪ A/B Test: Allows a task to be assigned two different stimuli (on/off + settings)

● Tobii compiles the test, which includes all the necessary instructions for the subject, the tasks created by the client, and the recording options chosen.

● The invitation of the testers is done by Tobii's customers and not by Tobii itself. Tobii only provides a template for an invitation, which contains all necessary information for the test execution.

Technical requirements and obligations to cooperate: 

● To create a test, a laptop or desktop computer with a current internet browser (optimized for google chrome) and access to the internet is required.

Tobii provides a smartphone Android app in the Google Playstore for the execution of the tests created by the customer. The execution of the tests is done by testers who are recruited and invited by Tobii's clients. The following functions are available here: 

● Start the test via the test key.

● Display and handling of the GDPR Consent and the clarification of the testers, privacy statement, consent to screen recording, access to the "selfie camera" and microphone access if necessary.

● Instruction of the testers on the use and functioning of the test app, including a positioning and calibration process.

● Display of the test created by the customer and the guidance of the user through it.

● Recording of the data and its transfer to Tobii's server for evaluation. 

Technical requirements and obligations to cooperate: 

● The app supports all commercially available smartphones with Android operating system version 8 and up, which have an integrated "selfie" camera with a resolution of at least 640x480px. Smartphones with multiple or foldable displays are not supported. If applicable, smartphones with geometries that deviate significantly from standard dimensions are only supported to a limited extent (e.g. smartphones for seniors).

● The successful execution of the tests requires a stable internet connection with sufficient data volume. It is recommended by Tobii to be connected to a WLAN, because depending on the length of the test, high data consumption can occur. 

● The execution of the tests requires the explicit consent of the testers for access to the front camera as well as for screen recording and, if necessary, access to the microphone for the Thinking aloud method. 

● The quality of the gaze measurement depends on the active participation and cooperation of the test persons regarding positioning and calibration. 

● The selection and invitation of the testers to participate in the test and communication of the technical requirements for participation is carried out by the customer.

Preparation of gaze data, touch inputs, screen recordings, performance data, subjective data (thinking aloud and categorical pre-screening questions) and metadata (device type, time of day, etc.) to evaluate client-generated tests: 

● Display of selected quantitative data in the form of tables and graphs (and, if applicable, derivatives of the data) aggregated via tasks & testers, as well as the download of these in the form of . csv files.

● Individual video replays of the screen recordings with the possibility of graphical overlay of gaze and touch data per tester.

● Aggregated heatmaps for tasks with static image stimulus across all testers of a test, or separately for the two groups in A/B tests.

Technical requirements and obligations to cooperate 

● Tobii only provides the results. The interpretation of these as well as conclusions and decisions based on these results are the responsibility of the client.

● Laptop or desktop computer with a current internet browser (optimized for google chrome) and access to the internet.

● Tobii supports the customer in complying with data protection requirements according to GDPR

● Provision of the option to integrate privacy statements and consent forms into the test

● Documentation of the consent of the test participants, if applicable

● Automatic deletion of certain categories of personal data of the testers, unless otherwise agreed. 

o Selfie camera footage after 4 weeks
o Screen Recording & Quick Survey Answers after 4 months 

Technical requirements and obligations to cooperate

● Tobii is not responsible for the content of the privacy policy and consent, nor for the decision to include them in a test. This is the responsibility of Tobii's clients.

● Tobii reserves the right to charge an additional fee for services outside of the service description.

Data Processing Agreement for the Oculid Service by Tobii AB (publ)

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