Terms of Service
Date: March 4 2022
1. We encourage our users (“you” or the “user”) to read this document carefully because, once accepted, it becomes legally binding upon them (a contract between you and us) and will govern use of the website www.endtest.io (the “website” or “our website” or any similar terms) as well as the use of our services, namely the access and use of the Endtest platform (the “Platform” or the “Service”).
2. Essentially our contract states that:
- Our services are NOT destined to consumers, but only to businesses or individual enterprises;
- We promise you not to deceive you. In return, we are asking you to be fair with us;
- Our services are provided as such, without any guarantee, explicit or implicit, and without any liability on our part, except for the liability undertaken by us explicitly or imposed under the law.
- The unauthorized copying or use of our materials or of our concept is theft and we ask you not to do it;
- You must use our website and our services in good faith and in a non-abusive manner. If we learn that our website or our services are used illegally or in breach of our contract, we may terminate your access to them, and we shall seek legal remedies for the compensation of damages;
- We may, from time to time, modify these terms and conditions, but you will be notified about it, by email.
2. About us and our Platform
3. We are Endtest Inc., a Delaware company, email: email@example.com.
Throughout the site, the terms 'we', 'us' and 'our' or any equivalent terms refer to Endtest.
4. Our Platform is a software application provided as a service (SaaS), via your Internet browser, and is designed to help organizations efficiently build automated end-to-end tests for Web and Mobile Applications.
5. Only businesses or individual professional enterprises can use our Platform. Consumers cannot use the Platform. We reserve the right to ask for further information and document attesting to the fact that you represent a business or an individual enterprise. The Platform is NOT destined to consumers (for household or non-professional activities).
6. The access to the Platform, including all information, tools and services available from this site to you, the user, is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
3. These Terms of Service are part of your contract with us
7. In order to be able to order our service(s), you need to accept these Terms of Service by checking the relevant accept box when creating your use account. Upon creation of the account, you will receive a copy of the then applicable Terms of Service.
9. The voluntary checking of the consent form (checkboxes) appearing upon the upon creation of your account shall mean your acceptance of the said Terms. Also, the making of a payment by the user shall mean the acceptance of the then applicable Terms.
10. Where you do not place an order for our services and you do not check the consent form expressly, by navigating this website, you undertake to abide by these Terms, along with the other documents forming your contract with us.
11. We recommend you to save/store these Terms (the version in place on the date you accessed our website or at the time of your order, as the case may be), in case you cannot access them later.
12. We can modify these Terms from time to time to reflect any changes in the law or in our internal practices, as we may see fit. Such amendments will be valid only for the future, unless the law provides for their retroactive application. In other words, the purchases already made are regulated by the Terms previously in place and shall not be affected by any subsequent changes to the Terms of Service.
13. Any such amendments to the terms will be notified to you, to the email address you provided, and are valid from notification date, for the future. If you do not agree with any of the amendments, you should stop using this website, the Platform or placing orders for our service(s). If, however, you continue to use this website, the Platform or make a payment after the modifications have been posted, we shall consider you have adhered to all such modifications.
14. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
15. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
16. For any additional information or feedback, please contact us at firstname.lastname@example.org or use the contact form on our website or the postal address mentioned above
4. Using the Platform
Creation of the user account
17. In order to use the Platform, as a first step, you will be asked to create a user account. The person creating the account shall be of 18 years of age (or the legal age of consent, as per the applicable law) and shall be the authorized representative of a business or an individual professional enterprise which is the user.
18. We reserve the right to request, at any time, additional information and/or documents in order to check the identity of the users and the fulfilment of the above-mentioned conditions. If such information/documents are not provided we reserve the right to suspend the user account or to refuse the creation of the account.
20. Following the creation of your account, you will receive an e-mail confirmation which will be sent to your e-mail address.
21. The user account belongs exclusively to the declared user, and you cannot transfer it, without our approval. You must not allow the use of the account by any other person, except for the authorized representatives. We are entitled to suspend or close your use account whenever we have reasons to believe that it has been used illegally or against these Terms.
Access and use of Platform
22. The Platform is meant to be fairly intuitive and should be easily used by IT professionals. However, feel free to ask any questions, by contacting at the e-mail address email@example.com.
23. The specific functionalities and normal use of the Platform are described in Documentation tab, which can be accessed after logging in to your account.
24. After creation of the user account you will receive a free-trial version of the Platform (unless you immediately opt for a paid subscription). The trial version has limited functionalities as to the paid subscriptions. For further details see Pricing and is valid for 7 (seven) days, after which you will be asked to buy a subscription.
25. The access to the Platform is a recurring service, which is based on the payment of a monthly or annual subscription fee. The payment is made in advance, and the subscription will be renewed automatically for a duration equal to the initial one, if the user does not disable the automatic renewal.
26. The current subscription plans can be accessed at https://endtest.io/pricing.htm. After selecting the applicable plan, you will directed to our payment processor (currently PayPal) for effecting the payment.
27. Parties may also agree for other arrangement or contractual cycles, based on a separate agreement.
28. The payment of the subscription is made at the beginning of each contractual cycle, in accordance with the Terms which are applicable at the moment of payment. The payment is generally made by automatic charging of the debit/credit card which data have been provided by the user when the subscription is selected. Endtest does not process any card or other payment details.
29. Occasionally, we may agree separately that payment is made in our bank account, which we will provide in due course.
30. If you are subscribed to a recurring payment through PayPal and you wish to cancel, you can only cancel it directly through PayPal. You can find instructions on how to do that here.
31. Our Support Team does not have access to PayPal and they cannot cancel a recurring payment for you.
32. Payment is deemed made, when we receive conformation from our payment processor or, as the case may be, when the money enters our accounts.
33. We may offer, at our discretion, trial periods or discounts to a certain subscription plan, for longer or shorter period, or at preferential prices negotiated separately. Such benefits may be revoked at any time, as Endtest may decide, unless agreed otherwise by the parties.
34. The invoice for the services shall be issued on payment date and shall be sent by e-mail to the user. The users bear the responsibility for providing the correct invoicing data.
35. Prices for our products are subject to change without notice. The changes shall only be applicable for the future orders or payments made in the subsequent contractual cycle.
36. We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice at any time. If we chose to discontinue the service during an on-going contractual cycle we will refund the money paid in advance, pro-rata with the remaining period, with no further claim from your part.
37. Other than the refund made as per art. 36, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
38. You agree to provide current, complete and accurate purchase and account information for all purchases made in our Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5. Intellectual Property
39. Endtest Inc. holds all the intellectual property in the Platform and the website, as well as any versions thereof, including the source-code, object code, user interface and content posted by Endtest Inc.. All infringing action on the Platform or in relation to Platform or the website which may prejudice Endtest Inc. is forbidden. In particular, it is forbidden to the users that they: copy the Platform or the website, distribute, alter, compile or modify the them etc.
40. Using the Endtest trademark without our written and prior approval is strictly forbidden.
41. You are forbidden to use any element or content of this website (including images, text, graphic or video elements, design, lay-out, logo, registered or unregistered trademarks, commercial symbols, software, multimedia content, etc.). They are our property (or our partner’s property) and their unauthorized use shall trigger your liability.
42. We shall be allowed to use free of charge the trademark and/or the commercial name of the users in any territory, exclusively for the purpose of promoting the use of the Platform, such as in promotion and marketing documents, including our website. The use shall be limited to mentioning that trademark and/or commercial name to attest that the user is using the Platform.
6. Acceptable use of the Platform
43. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
44. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
45. You must not transmit any worms or viruses or any code of a destructive nature.
46. You must not mine cryptocurrencies on our platform.
7. Risks related to the use of Services
47. The user is specifically advised that the platforms, operating systems, browsers and mobile devices are emulated with our technology and sometimes might not reflect the exact behavior of the real ones. The user accepts such limitation and shall have no claim to that effect.
48. You understand that your content may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
49. Consequently, you agree and acknowledge that any activity involving an Internet web browser poses an inherent security risk. You are fully responsible for taking all the necessary security measures to protect yourself, including backing-up your data, using VPN, antivirus software, as it may be applicable. Endtest cannot be held liable in any case for the security or other breaches caused by user.
8. Accuracy, Completeness and Timelines of Information on website
50. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
51. This site may contain certain historical information. Historical information may be outdated and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
52. Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
53. We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
9. Third-Party Tools and links
54. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input and for which we do not undertake any liability.
55. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
56. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
57. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
58. Certain content, products and services available via our Service may include materials from third-parties.
59. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
60. We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to that third-party.
10. User Comments, Feedback and Other Content
61. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such content that you forward to us. We are and shall be under no obligation (1) to maintain any content in confidence; (2) to pay compensation for any content; or (3) to respond to any content.
62. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
63. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
11. Personal Information
12. Disclaimer of Warranties; Limitations of Liability
64. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
65. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
66. The liability of Endtest is in particular excluded in such circumstances as:
- We cannot fulfil our obligations to you, when such failure is caused by circumstances outside our control (for example: technical defects or failures due to our suppliers’ fault, any force majeure or other fortuitous event)
- You have not paid all the amounts due us;
- In other situations allowed by the law.
67. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. However, we will use our reasonable efforts to notify you regarding any such interruption of service, if predictable, and organize it so as not to cause major disruption to the services.
68. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
69. In no case shall Endtest, our suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law and in any case no more than the value of a monthly fee during the last contractual month.
You agree to indemnify, defend and hold harmless Endtest Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14. Duration. Termination
70. The contract between us shall be in force for the entire duration of the subscription, for duration of the trial period or, as the case may be, for as long as you use our website.
71. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
72. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
73. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
15. Entire Agreement
74. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision
75. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
76. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
16. Governing Law. Disputes
77. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Delaware.
78. All disputes related to the use of the Platform or these Terms of Service shall be settled by the competent courts in Delaware.
17. Communicating with the users
79. Upon creation of the user account you will be requested to provide a contact e-mail address which will associated on the Platform with your user account. You specifically agree that we use such e-mail address to communicate with you at any moment.
80. You are specifically encouraged to the regularly check your e-mail, including the spam folder, for any communications from our part. In accordance with these terms, the date on which a communication is made is the first business day in US, that follows the day in which we sent you an e-mail communication.
81. You can in your turn communicate with us, by using the contact details mentioned in art. 3 above.
18. We can choose our clients and the extent of services
82. We reserve the right to refuse service to anyone for any reason at any time.
83. We reserve the right, but are not obligated, to limit the access for our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
84. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
19. Transfer of the Platform and of the contract
85. We may in the future consider the transfer to a third party of the business related to Platform, including the contract we have in place with you.
86. You specifically agree that we may transfer any and all part of the contract we have in place with you (as contemplated by the Terms of Services hereto) to any third-party of our choice, at any time. Upon receiving a written notice from us regarding such transfer, you agree that the contract shall be transferred, at the specified date in our notice, to the indicated third-party, with no further formalities. Upon such transfer all contractual rights and obligations arising from the contract shall no longer be with Endtest Inc., but with the indicated third-party.