Terms of Use
The Terms of Service are of the Software as a Service Testworthy (hereinafter: the Service). This Agreement regulates all relations between Testworthy and the Customer regarding the use of the Service. Any supplementary or deviating terms of the Customer must be explicitly agreed upon between Testworthy and the Customer in written form.
These Terms take effect when you access or use the Service (as a free trial or purchase a subscription). By accessing or using the Service, you (a) acknowledge that you have read and understand these terms; (b) represent and warrant that you have the authority to enter into these terms and, if entering into these terms for an organization, that you have the legal authority to bind that organization; (c) accept these terms and agree that you are legally bound by these terms.
If you do not accept these terms, you may not access or use the Service. You may not access the Service if you are a competitor of Testworthy, except with our prior written consent.
If you purchased a subscription to use the Service, the following terms apply to you:
Access to Software
Testworthy hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, right to access and use the Service during the subscription duration solely for your internal business operations by authorized users in accordance with the terms and conditions defined.
Testworthy shall provide you the necessary passwords and access credentials to allow you to access the Service
Account Use
You are responsible and liable for all uses of the Service, resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms.
Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you
You shall use reasonable efforts to make all Authorized Users aware of the provisions of these Terms applicable to such Authorized User's use of the Service and shall cause Authorized Users to comply with such provisions.
Passwords and Access Credentials
You are responsible for keeping your passwords and access credentials associated with the Service confidential. You will not sell or transfer them to any other person or entity
You will promptly notify us about any unauthorized access to your passwords or access credentials.
Suspension and Termination of the Service
Testworthy may temporarily suspend Customer's and any other Authorized User's access to any portion or all of the Service if Testworthy reasonably determines that:
- There is a threat or attack on the Service
- Customer's or any other Authorized User's use of the Service disrupts or poses a security risk to the Service or to any other customer or vendor of Testworthy.
- Customer or any other Authorized User is using the Service for fraudulent or illegal activities, subject to applicable law.
- Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.
- Any vendor of Testworthy has suspended or terminated Testworthy' access to or use of any third-party services or products required to enable Customer to access the Service.
Testworthy will provide written notice of any Service Suspension to Customer and updates regarding resumption of access to the Service following any Service suspension
Testworthy may temporarily suspend Customer's and any other Authorized User's access to any portion or all of the Service if Testworthy reasonably determines that:
Testworthy shall make reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured.
Testworthy will hold no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that Customer or any other Authorized User may incur as a result of a Service Suspension.
The Parties (Customer or Testworthy) may terminate this Agreement for any or no reason at all at their convenience with at least one-week notice. Termination must be issued in text form (e.g. letter, email or fax).
Testworthy may at its own discretion instead also temporarily quit providing the Service until the cause has been remedied by the Customer. In this case the contract shall be deemed on hold until the Customer makes the necessary payments or the contract is terminated. If the Customer does not make payments or enters (new) payment details when explicitly requested to do so this is deemed a termination of the contract by the Customer.
Privacy Policy (a separate document – can be linked here)
By accessing, using, and providing information to or through the Service, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
Trial Period
If the Customer is explicitly granted a Trial Period for a specified number of days and users after the registration, Testworthy will provide the Service without any remuneration for the duration of the Trial Period.
The Customer shall use the Service during the Trial Period to try its functionalities and not for operational use.
Testworthy may limit the functionality or restrict access during the Trial Period at its sole discretion.
After the termination of Trial Period the Service will be disrupted and the Customer’s Account deactivated unless the Customer chooses to continue using the Service for a monthly or yearly fee based on the subscription.
If the Customer does not submit valid credit card details or arrange for an alternate payment method after the termination of the Trial Period this contract automatically terminates after the Trial Period ends.
Downtime and Updates
Testworthy reserves the right to limit access to the Service in full or partly due to maintenance work, capacity matters or due to other occurrences that are beyond its control.
Testworthy may at its own discretion upgrade the Software to new versions without prior notification to the Customer. When upgrading or updating the Software Testworthy will make sure that the essential functions of the Software do not cease to exist in future versions of the Software.
The Customer is aware that the Service rely on a working Internet infrastructure. Downtime of the Service can also occur if the website is not available and at any other time with restrictive access to the Internet.
Scheduled maintenance times do not count as downtime and are not to be taken into account when measuring availability.
Rights to Use
The Customer shall not make copies of the Software. The Customer shall not translate the program code into other forms of code (decompilation) or employ other methods aimed at revealing the Software’s code in the various stages of its development (reverse engineering).
The Customer is not entitled to remove or make alterations to copyright notices, serial numbers or other features which serve to identify the Software.
Payments
The amount of the monthly fee depends on purchased subscription package.
If a Trial Period is granted and ends on a day other than the first of a month, the monthly fee will be charged only according to the remaining days of the month.
Testworthy may alter the current price list and/or the structuring of prices. Testworthy will inform the Customer via email about the price change. If the Customer does not expressly disagree in writing within one week from the notification of change this is deemed to be their acceptance of the change. The Customer will be informed about this circumstance in the notification of change.
Miscellaneous
The Customer is obliged to make agreed payments in due time.
To use the Service optimally the customer must use a Web browser recommended on the website
The Customer must not interfere or intent to interfere in any manner with the functionality or proper working of the Services. This includes but is not limited to taking any action that imposes an unreasonable or disproportionately large load on the server infrastructure, e.g. unreasonable amount of server requests or upload of unreasonable volume of data.
In order to limit data loss the Customer is obliged to download backups in regular intervals by using the provided export and backup mechanisms.
The Customer grants Testworthy the right to include the Customer’s organization name and logo as a customer’s reference on Testworthy’s website and other promotional and advertising materials. Within 10 business days after written request, Testworthy will remove the Customer’s organization name and logo from its website and will cease to include the Customer’s organization name and logo in other promotional and advertising materials.
Modifications
Testworthy has the right to modify these Terms from time to time, and that modified terms become effective on posting. Customer will be notified of modifications through notification on the website or via email. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Service after the effective date of the modifications will be deemed acceptance of the modified terms.