Terms of Service
PLEASE READ CAREFULLY.THESE TERMS AND CONDITIONS ("THE AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND TESTINGBOT. ("TESTINGBOT", "WE" OR "OUR"). BY CHECKING THE APPROPRIATE BOX INDICATING THAT YOU AGREE DURING REGISTRATION OR OTHERWISE ACCESSING THE TESTINGBOT WEBSITE, SERVICES, SOFTWARE OR MATERIALS (COLLECTIVELY THE "SERVICE"), YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS OR USE THE SERVICE.
IF YOU WISH TO USE TESTINGBOT AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT. THE LICENSES GRANTED AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.
1. Provision of Products
Welcome to TestingBot.com. We provide our customers with online software-as-a-service/platform-as-a-service products.
We use Selenium, an open-sourced browser testing framework to test websites in multiple browsers in an automated way.
We offer several plans according to the needs of the customer. Each plan is provided on a subscription basis for a set term designated at the time of purchase (each, as “Subscription Term”). Customer shall purchase and TestingBot shall provide the specific product and plan as specified at the time of purchase.
Some elements of the Service are available to any User, while other elements ("Subscription Services") are only available to Users who have purchased a subscription from TestingBot according to these terms and conditions. TestingBot may at any time, in its sole discretion, change a freely available element of the Service to a Subscription Service, and vice versa. TestingBot may, it its sole discretion, offer Users a one-time, free trial period during which you may use Subscription Service(s) for free. The time period of any such free trial period may vary from time to time, and will be indicated at the time you register as a User.
Please note that TestingBot does not provide any internet connectivity services, nor does TestingBot provide any computer equipment for Users. You are entirely responsible for securing and paying for any such services and equipment, and for ensuring that such services and equipment meet the minimum requirements for the use of the Services.
You may establish one (1) User account (the "Account") per email address you supply to TestingBot. You may not share the Account with anyone. You are liable for all uses of the Account.
If you would like to have several accounts for co-workers or friends, please consider using a sub-account.
During the registration process prior to using the Service, you may be requested to provide certain information (e.g. your birthdate, gender, zip code, name, e-mail address, country or territory of residence, and for paid services, credit card and billing information, such as your telephone number), and you agree to provide true, accurate, current and complete information about yourself as prompted by such process (such information being "Personal Information"). If you open an Account, and any of your Personal Information changes (e.g., new credit card number, expiration date, new address or email address, new phone number, etc.), you must update that information in your Account.
4. Subscription Services
If you elect to subscribe to Subscription Services, the fee therefor will be the price specified at the time of purchase. You hereby agree to pay all charges incurred by the Account, including applicable taxes, in accordance with billing terms for access to the Service that are in effect at the time that the fee or charge becomes payable. Your right to access the Service is subject to any limits established by TestingBot or by your credit card issuer, billing service, or other payment methods authorized by TestingBot. TestingBot may, in its sole and absolute discretion, suspend or terminate your access to the Service and disable or delete the Account, if: (i) payment cannot be charged to your credit or debit card; or (ii) your charge is returned to TestingBot for any reason. If at any time you have a balance due on the Account, you agree that TestingBot can charge these unpaid fees to your credit card or debit them from your debit card, as applicable. You agree to reimburse TestingBot for all costs and expenses incurred by TestingBot in collecting payment due hereunder, including without limitation all bank or service charges, and any reasonable attorneys' fees.
By subscribing to any Subscription Service you are representing to us that you are authorized to use the credit card you submit for payment. You agree to take such steps as are appropriate to ensure such compliance and will indemnify and hold TestingBot and TestingBot's affiliates and distribution and syndication partners harmless from any breach of this Agreement.
Your subscription will last for the period chosen in the subscription process (the "Term"). Unless notifying us of your decision to terminate your subscription, your subscription will automatically be renewed at the end of each Term according to the then-current billing terms. TestingBot reserves the right to change the amount of, or basis for determining, any fees it charges, and to institute new fees, effective immediately upon notice to you. You may cancel your automatic membership renewal by contacting email@example.com . Cancellation of your subscription will take effect upon the end of the then-current Term, at which time you will no longer have access to any Subscription Services.
Our payment provider (PayPal or FastSpring) will automatically renew your paid subscription. Payment details such as your credit card number are not saved on this website.
5. TestingBot Materials
The Service may require that you install plugins to report back test results to TestingBot. That software, and all new versions, updates, upgrades, bug fixes, modifications and derivative works that TestingBot may make available from time to time are referred to collectively as the "Software." All Software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic materials, other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress, trade names, logos and designs and all intellectual property rights therein, provided by TestingBot via the Service (collectively the "Materials") are the property of TestingBot and/or its business partners, affiliates, assigns, licensors or other respective owners and are protected by intellectual property laws, including without limitation, U.S. and international patent, copyright and trademark laws. TestingBot may include in some Materials or in conjunction with your User Supplied Content third party advertisements that appear or are played when those Materials or User Supplied Content are viewed. You hereby consent to the display and playback of these advertisements in conjunction with your User Supplied Content. To the extent you elect to use or access TestingBot Materials or User-Supplied Content from other Users, you also consent to the display of advertisements in those Materials and that User Supplied Content. Content generated during testing like logs, screenshots and videos will stay available for 6 months. After this period, TestingBot will remove the content.
6. License from TestingBot
Subject to all of the terms and conditions of this Agreement, TestingBot hereby grants you a personal, limited, non-exclusive, non-transferable, revocable right to (a) view or play back Materials on, your compatible computer or device.
All rights not expressly granted to you are reserved. For the avoidance of doubt, your use of the Service and the Materials is under license and will terminate if this Agreement terminates, regardless of whether the relevant Service or Materials is free or you have paid for it; you will not obtain any ownership interest in any Materials through this Agreement or otherwise.
7. Usage Restrictions
You agree not to use, download, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Materials to any third party, except as expressly authorized by TestingBot in connection with the Service. The source code and/or object code to the Materials contains confidential and trade secret information belonging to TestingBot and its licensors, and you shall at all times take reasonable steps to protect the confidentiality of such information. You further agree that you will not disassemble, decompile or reverse engineer the Materials (except to the extent that this restriction is expressly prohibited by law, and then only upon providing TestingBot with prior written notice and opportunity to respond). Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
As between you and TestingBot, TestingBot owns all elements of the Account. Except as specifically permitted and enabled within the Service, you may not transfer your Account, or any component of your User-Supplied Content to any other person. Through the use of the Service you may not impair or violate the rights of TestingBot or any other party with respect to trademarks, logos, or other intellectual property or rights. You may not display or perform Materials or User Supplied Content in a manner or in a context that is, in TestingBot's sole discretion, unlawful, misleading, defamatory, infringing, libelous, disparaging, obscene, an endorsement of any unrelated product or service, an unauthorized parody, or otherwise objectionable.
8. Code of Conduct
You may not: (i) post any User Supplied Content that is illegal, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate or harmful to any person (including any minor) or entity; (ii) sell, rent, lease, or otherwise assign any rights to any Materials or Service to any third party; (iii) remove any proprietary notices or labels on the Materials or Service; (iv) use the Materials or Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, any content protected by the copyright laws of any jurisdiction; (v) use the Materials or Service for any commercial or illegal purpose or to harm minors in any way; (vi) use the Materials or Service to invade the privacy of, or obtain personal information about, any User, or to obtain a list of Users, or to access or use any User's User Supplied Content in a manner not specifically authorized by such User; (vii) except as expressly permitted by TestingBot, copy, modify, erase or damage any Materials or information contained on any TestingBot or third party servers; (viii) use the Materials or Service to violate any law or legal right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (ix) use the Materials or Service to post or transmit any unsolicited advertising, campaigning or promotional materials or to send any Materials from an anonymous or false address; (x) access or use any password protected, secure or non-public areas of the Service except as specifically authorized in writing by TestingBot (unauthorized individuals attempting to access these areas of the Service may be subject to prosecution); (xi) distribute any software viruses or other computer code designed to interfere with the functionality of the Service or any computer systems, software or hardware; (xii) use any data mining, robots, or similar data gathering, spoofing, or extraction tools in connection with the Materials Service; (xiii) mislead other Users or third parties as to your identity or to the origin of a message or content; or (xiv) frame or link to the Service or Materials except as expressly permitted in writing by TestingBot.
9. Objectionable or Explicit Content
TestingBot has the right, but not the obligation, to monitor, modify and/or remove any Materials and/or User Supplied Content in the Service. TestingBot may monitor, modify and remove any Materials and/or User Supplied Content in its sole discretion. TestingBot is not responsible to you for any content or materials constituting all or part of any Materials, any User Supplied Content, or any other aspect of the Service that you might find objectionable. By viewing the Service, you may be exposed to content that you consider offensive. You take sole responsibility for such exposure.
11. Active Participation; Storage and Bandwidth Limits
If you do not have a currently active subscription to the Subscription Service, a condition of your access to the Service is your "Active Participation" in the Service. Active Participation is defined as accessing the Service, including displaying Materials or sending User Supplied Content through the Service, at least once every 180 days. If you do not maintain Active Participation, TestingBot may, with or without providing you with notice, terminate your Account (or any part thereof) and/or your use of the Service, and may remove and discard any content, including any of your User Supplied Content and any related Materials within the Service. Additionally, with or without providing you with notice, we may place a maximum limit on the amount of User Supplied Content that you are allowed to upload into the Service, or the maximum bandwidth that you may utilize each day. We may change these limits in our sole discretion upon providing you with notice. If you exceed these limits, we may refuse to accept and/or remove any User Supplied Content, or we may suspend certain functions of the Service for your Account.
12. Changes to the Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon posting. Please review the terms and conditions periodically. If you do not agree to be bound by (or cannot comply with) the Agreement as amended, your only remedy is to cancel your TestingBot Account and to cease using the Service. You will be deemed to have accepted the Agreement as amended thirty (30) days after the amended agreement is posted if you continue to use the Service. All other terms of this Agreement will continue in effect.
TestingBot may provide you with any notices under this Agreement by means of a posting on the Service, by e-mail, or by sending a message to you through the Service.
A. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed.
B. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed.
C. Information related to the work(s) reasonably sufficient for TestingBot to promptly locate the work (e.g. title of work, location within the Service, etc.).
D. Information reasonably sufficient to permit TestingBot to directly contact the complaining party, such as a complete name and address, telephone number, and an email address.
E. A statement that the complaining party has a good TestingBot belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement requesting that TestingBot take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled), and
G. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Except as expressly set forth in this Agreement, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service and Materials are the property of TestingBot and/or its affiliates and licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
You agree to abide by U.S and other applicable export control laws and not to transfer, by electronic transmission, the Service, or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
16. Promotions and Advertising
TestingBot and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any TestingBot promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither TestingBot nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
17. The Website and Links to Third Party Sites
The Website me