Terms of Service Policy

Testomato s.r.o. (“Testomato” or “Us” or “We”) operates and provides the Testomato website and related services (collectively, the “Website) to you (“User” or “you”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms”). These Terms constitute a legally binding agreement between the User and Testomato. By accessing the Website, you agree to be bound by and abide by the Terms, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our service.

Testomato reserves the right to change these Terms at any time without notice. You acknowledge and agree that it is your responsibility to review the Website and the Terms periodically to ensure you are aware of any such changes.Your continued use of the Website after such changes will constitute acknowledgement of the new Terms and agreement to be bound by the modified Terms. If the User does not agree with any of these Terms, the User may not, under any circumstance, utilize or access the Testomato Website.

Your Testomato Account

Access to password-protected or secured areas of the Website is restricted to authorized users only. You will be required to provide registration details and a password under the condition of use of the Website that all the details you provide are correct, current, and complete. Accounts registered by “bots” or other automated methods are not permitted. You may not use the Website for any illegal or unauthorized purpose. Without limiting the foregoing, you may only use the Website within the parameters of your account’s plan level (“Plan Level”), including host and user limitations, and you agree not to circumvent such limitations. If Testomato believes the details are not correct, current, or complete, Testomato has the right to refuse the User access to the Website, or any of its resources, and to suspend and/or terminate the account of the User.

The User is responsible for maintaining the security of any password(s) and account details used to access this Website, and the User is fully responsible for all activities that occur under that account and any other actions taken in connection with the account. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials you are exposed to through this website. Testomato will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Paid Services

Certain aspects of the Website may be provided for a fee or other charge. If you elect to use the paid aspects of the Websites, you agree to the terms of sale, pricing, payment, and billing policies posted or linked here. Testomato may add new services for additional fees and charges, or amend fees and charges for existing services by posting changes to the Website (https://www.testomato.com/) or the Website itself at any time at its sole discretion. By continuing to use the Website after the effective date of the pricing change, you hereby agree to the pricing change. Testomato also reserves the right to discontinue, temporarily or permanently, the Website (or any related services) with or without notice. Testomato will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

Renewals and Refunds

Unless you notify Testomato before the end of the applicable subscription period that you want to cancel your subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

No refunds. In the event you cancel your subscription, you will receive no refund for any unused time on a subscription, any license or subscription fees for any portion of the Website, any content or data associated with your Account, or for anything else.

Termination

Testomato has the absolute right to suspend or terminate your access to all or part of the Website for any reason at any time. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon such termination or suspension, regardless of the reasons therefore, your right to use the services on the Website immediately ceases, and you acknowledge and agree that Testomato may immediately deactivate or delete all related information and files in your account and/or bar any future access to such files or the Website. Testomato reserves the right to refuse service to anyone for any reason at any time.

Limited Right to Use

All materials, including without limitation any future improvements, updates, software, images, text graphics, illustrations, logos, patents, trademarks, service marks, and copyright are considered to be the property of Testomato and its licensors and are protected by the copyright laws of the Czech Republic. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce, or otherwise use any Testomato or third-party trademarks except as provided in these Terms. Materials that are viewed, printed, and/or downloaded from this website are to be used only for personal use and may not be used for any commercial purposes. No materials may be copied, reproduced, modified, republished, uploaded, posted, distributed, or transmitted, without prior written consent from Testomato or the respective owners.

Communications

All communications from you to this Website, in the form of comments, questions, or general feedback, will be considered non-confidential and nonproprietary. You agree that any such communications will be deemed the property of Testomato and shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such communications, for any purpose, without compensation to you. Testomato may provide Testomato users with forums where they can post content to the Website. Testomato does not necessarily endorse, support, or agree with content posted by external users.

Conduct on Site

The User agrees not to post any unlawful, abusive, offensive, sexually oriented, obscene, defamatory, harassing, profane, or otherwise indecent information of any kind, including without limitation any communications that would constitute a criminal offense, give rise to civil liability, or violate local, state, national, or international law, or infringe upon another organization’s copyright or trademark. The User agrees to be solely responsible for such content and its legality under all laws.

Although Testomato generally does not monitor, edit, or restrict such content and other information submitted by a third party to the Website, it reserves the right to review any content, information, or communications to determine whether they comply with these Terms. The User acknowledges that Testomato is not responsible (whether or not affiliated with Testomato) for the accuracy, copyright compliance, legality, decency, and any other aspect of such content.

Content From Other Websites

We have not reviewed, and cannot review, all of the material, including software, made available through the websites and webpages to which testomato.com links, and that link to the Website. Testomato does not have any control over these third-party users and sites, and is not responsible for their contents and their use. The inclusion of such links does not imply endorsement of any site by Testomato or any association with its operators. Moreover, Testomato has no obligation to verify any content submitted by a third party or provide any registration or other information to the User concerning such content.

You are responsible for taking the precautions necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content. Testomato disclaims any responsibility for any harm resulting from your use of third-party and/or other non-Testomato websites or web pages.

Indemnity

You agree to indemnify, defend, and hold Testomato harmless from and against any and all third-party claims, liabilities, damages, losses, or expenses, including attorneys' fees, arising out of, based on, or in connection with your access and use of this website, including but not limited to any violations of the User of these Terms.

Disclaimer

The Website is provided by Testomato on an “as is”, “as available” and “with all faults” basis. Testomato hereby expressly disclaims all warranties and conditions of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Without limiting the foregoing, Testomato does not warrant that the Website will meet your specific requirements, that the Website will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Website will be complete, accurate, or reliable, that the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations, or that any errors in the Website will be corrected.

Through the use of the Website, the User may the opportunity to engage in commercial transactions with other users and vendors. The User acknowledges that all transactions related to any to any services or merchandize by any party are agreed to solely between the seller or purchase or such merchandize and services and the User. Testomato makes no warranty regarding any transactions executed through, or in connection with the Website. The User agrees that such transactions are conducted entirely at personal risk. Any warranty provided in connected with any products, services, materials, or information available on or through this site from a third party is provided solely by such third party, and not by Testomato or any other of our affiliates.

Limitation of Liability

You expressly understand and agree that to the maximum extent permitted by applicable law in no event shall Testomato, its affiliates, partners, or suppliers be liable for any indirect, indirect, incidental, special, consequential or exemplary damages including, without limitation, damages for loss of profits, cost of replacement goods, goodwill, use, data or other intangible losses (even if Testomato, its suppliers, partners or affiliates advised of the possibility of such damages), including any such damages that result from the use of, or the inability to use this Service. Under no circumstances will Testomato be responsible for any damage or injury resulting from hacking, tampering or other unauthorized access or use of the Website or your account or the information contained therein.

To the maximum extent permitted by applicable law, Testomato assumes no liability or responsibility for (I) errors, mistakes, or inaccuracies of content; (II) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (III) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (IV) any interruption or cessation of transmission to or from the Website; (V) any bugs, viruses, trojan horses, or the like that may be transmitted through our service by any third party; and/or (VI) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Website. In no event shall Testomato, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs that exceed the amount of fees paid by the User to Testomato under this agreement during the twelve (12) month period prior to the cause of action.

Miscellaneous

These Terms of Service and all matters relating to your access and use of the Websites shall be governed by the laws of the Czech Republic without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction. For any dispute or proceeding arising from or relating to your use and access to the Website, you agree shall be brought exclusively in the courts located in the Czech Republic and you expressly agree to be subject to the jurisdiction and venue of such courts.

These Terms of Service were last updated on 28 July 2015. If you have any questions regarding these Terms, please contact .