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.
This End User License Agreement ("Agreement") is entered into by and between TestingBot and the customer (individual or entity) that has procured the TestingBot products or services for use as an end user ("Customer"). "Effective Date" means the date on which accepts the terms and conditions of this Agreement. TestingBot reserves the right, at its sole discretion, to modify or replace this Agreement, or change, suspend, or discontinue any TestingBot Product(s) or Service Descriptions (as those terms are defined below), including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the TestingBot Product(s) or by sending you an email. It is your responsibility to check this Agreement periodically for changes. Your continued use of any TestingBot Product following the posting of any changes to this Agreement constitutes acceptance of those changes.
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.
General Restrictions; Acceptable Use. Customer shall not: (a) rent, lease, copy, provide access to or sublicense any TestingBot Product to a third party; (b) use any TestingBot Product to provide or incorporate any TestingBot Product into any product or service provided to a third party, (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to TestingBot Products, including the Video Playback, except to the extent such restriction is prohibited by applicable law (and only upon advance notice to TestingBot), (d) modify any TestingBot Product or any Documentation, or create any derivative product from any of the foregoing, (e) remove or obscure any proprietary or other notices contained in any TestingBot Product (including any reports or data printed from TestingBot Products) or (f) publicly disseminate information regarding the performance of TestingBot Products.
2. Accounts/Customer Data
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.
Storage of Customer Data. TestingBot does not provide an archiving service. TestingBot agrees only that it shall not intentionally delete any Customer Data which is less than 30 days old from TestingBot Products prior to termination of Customer’s applicable Subscription except as directed by Customer or its Permitted Users. TestingBot expressly disclaims all other obligations with respect to storage. If specified at the time of purchase, TestingBot may charge Customer a fee for storing the Customer Data.
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 firstname.lastname@example.org . 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 (Stripe 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 30 days. 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 means this web site, as accessed by any of the following domain names: testingbot.com, *.testingbot.com and any web site owned or controlled by TestingBot (except as otherwise provided on such other site). However, the Website does not refer to any other web site linked to or from the Website, or to any third party site on which the Service may appear. The Service may present links to retailers and/or other third-party websites not owned or operated by TestingBot. Neither TestingBot nor its business partners are responsible for the availability of these outside sites or their contents. You understand and agree that neither TestingBot nor its business partners are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site or from any such advertiser. You should direct any concerns regarding these third-party sites to those sites' administrators.
18. Modifications to Service and Materials
TestingBot may, without liability or obligation, in its sole discretion and at any time: (i) make modifications to, or discontinue, any Materials and/or the Service, including deleting any Downloaded Materials we may have placed on your computer, with or without providing you with notice (except as we may expressly agree to provide you with notice elsewhere in this Agreement); and/or (ii) require you to use modified Materials and/or Service (e.g. Software updates) in order to have continued access to the Service and Materials. The modifications may result in certain Materials being unavailable, or incompatible with certain devices. Other Users may similarly delete or cease offering their User Supplied Materials at any time without notice.
Upon TestingBot giving you notice, you shall promptly cease the use of, and destroy, all copies of any specified Materials, or otherwise modify your usage as directed by TestingBot. You agree that neither TestingBot nor the TestingBot Affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Materials.
You understand and agree that any unauthorized use of the Service or the Materials would result in irreparable injury to TestingBot and/or the TestingBot Affiliates for which money damages would be inadequate, and in such event TestingBot and the TestingBot Affiliates, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that TestingBot and the TestingBot Affiliates may have under separate legal authority, including but not limited to, any claim for intellectual property infringement. You understand and agree that your cancellation of your Account is your sole right and remedy with respect to any dispute with TestingBot. You can cancel your Account by delivering notice to TestingBot at email@example.com.
You agree to indemnify, and hold harmless, TestingBot, the TestingBot Affiliates, and each of their respective officers, directors, employees, agents, licensors, representatives, and third party providers from and against all claims, actions, demands, causes of action, and other proceedings, and all losses, expenses, fees, fines, damages and costs, including reasonable attorneys' fees and court costs, arising out of or relating to your breach of this Agreement or improper use of the Service or Materials. TestingBot reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with TestingBot in asserting any available defenses.
21. Suspension or Termination
TestingBot may, in its sole discretion, terminate this Agreement or suspend your Account at any time with or without notice to you in the event that you breach (or TestingBot reasonably suspects that you have breached) any provision of this Agreement. If TestingBot terminates this Agreement, or suspends your Account for any of the reasons set forth in this paragraph, TestingBot shall have no liability or responsibility to you, and you agree that you forfeit any amounts you have paid TestingBot. TestingBot may terminate this Agreement and your Account for any reason or no reason at the end of the then-current Term by providing notice to you.
You may cancel your Account (including Subscription Services) at any time by contacting firstname.lastname@example.org. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate your subscription. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
Upon termination of this Agreement for any reason, all of your rights to use the Service and materials shall immediately terminate, and you shall immediately cease using and destroy all Materials.
You understand and agree that your use of the Service and the Materials is at your own sole risk. TestingBot is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Service or Materials. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Materials rests with you. THE SERVICE AND THE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WITHOUT WARRANTY BY TESTINGBOT AND THE TESTINGBOT AFFILIATES, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TESTINGBOT AND THE TESTINGBOT AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THERE IS NO WARRANTY THAT THE SERVICE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. TESTINGBOT AND THE TestingBot AFFILIATES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE MATERIALS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD TESTINGBOT AND/OR THE TESTINGBOT AFFILIATES RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE AND/OR THE MATERIALS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO TESTINGBOT AND/OR THE TESTINGBOT AFFILIATES.
UNDER NO CIRCUMSTANCES SHALL TESTINGBOT AND/OR THE TESTINGBOT AFFILIATES BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE MATERIALS.
23. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TESTINGBOT AND/OR THE TESTINGBOT AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR THE MATERIALS, EVEN IF TESTINGBOT AND/OR THE TESTINGBOT AFFILIATES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, TESTINGBOT AND/OR THE TESTINGBOT AFFILIATES, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED TWENTY FIVE DOLLARS ($25). Notwithstanding the foregoing, in no event shall TestingBot's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Service.
24. Claims and Arbitration
Any action hereunder by a User must be brought, if at all, within one (1) year from the accrual of the cause of action. You agree that the all disputes and claims arising out of, or relating to, this Agreement, the Service or Materials, your use of the Service or Materials (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or TestingBot, shall be determined exclusively by final and binding arbitration. Provided however, that you agree that the terms of this paragraph do not apply to any breach or alleged breach of the ownership or license rights of TestingBot or any of its licensors with respect to any Materials and/or Service, or your (or any third party's) misuse of the Materials and/or Service, and that, in the event of any such breach of alleged breach, TestingBot and its licensors will be irreparably harmed and entitled to equitable and injunctive relief in addition to all other remedies provided by this Agreement or available at law. Except as expressly set forth above in this paragraph, you and TestingBot may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate TestingBot's or any of its licensor's intellectual property rights, or may cause continuing or irreparable harm to TestingBot (including, but not limited to, any breach that may impact TestingBot's or its licensor's intellectual property rights, or a breach by reverse engineering), TestingBot may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. To the fullest extent permitted by applicable law: no arbitration under this Agreement shall be joined to an arbitration involving any other current or former licensee of TestingBot, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and TestingBot); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and TestingBot).
This Agreement and any other terms or documents referred to herein represent your entire agreement with TestingBot with respect to your use of the Service and Materials. As used in this Agreement the term "licensor" shall not refer to the person at that time entering into the Agreement. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. TestingBot's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void.