These Terms of Service govern your use of the free and paid services, software and websites (the “Service”) provided by Test Collab Software Inc.
“TestCollab” refers to
- this website, including its subdomains and any other website through which the Owner makes its Service available;
- the Application Program Interfaces (API);
- the Service;
- any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
This Terms of Service (“Terms”) document is an agreement you must accept in order to use the Service. This is a legal agreement (“Agreement”) between You and TestCollab Software Inc. trading as TestCollab (“TestCollab”, “we”, “our”), for use of any of the Service which You selected or initiated. “You” refers to the individual who registered and/or provided in the TestCollab website his or her credit card or other payment mechanism for the Service or, if the Service are being purchased on behalf of an entity by an individual authorized to purchase the Service on behalf of such entity, then “You” refers to such entity.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In that case, the terms shall also refer to such entity, its staff and its affiliates, as applicable. If you do not have such authority, or if you do not agree with these Terms, you may not use the Service. You acknowledge that this Terms is a contract between you and TestCollab, even though it is electronic and is not physically signed by you and TestCollab, and it governs your use of the Service.
Violation of any of the terms of service may result in the termination of your account.
TestCollab may at its sole discretion modify the features of the Service from time to time without prior notice. TestCollab reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TestCollab shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
If any users send us any feedback or suggestions regarding the Service, you grant TestCollab an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
Access To The Service
You are responsible for safeguarding the password and for all activities that occur under your account. You should notify us immediately if you become aware of any breach of security or unauthorized use of your account.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
Your Content And Data
We claim no intellectual property rights over the data and material you provide to the Service. All materials uploaded remain yours.
“Data” means any data and content you upload, post, transmit or otherwise made available via the Services including messages you send, files you upload, comments you make, test cases you create, profile information and anything else you enter or upload into the Service. TestCollab will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.
In order for us to provide service to you, we require that you grant us certain rights with respect to your Data. For example, we need to be able to transmit, store and copy your Data in order to display it to you and your colleagues, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this Terms gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission allows us to use third-party service providers (for example Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided. Depending on the service, this may involve moving your data across jurisdictional lines, or across country borders. TestCollab will not share, disclose, sell, lease, modify, delete or distribute any Data provided by you in any manner.
TestCollab will also not view the Data provided by you except when given permission by you for the purpose of support.
You agree that TestCollab may include your business name in a list of TestCollab’s customers online and in print and electronic marketing materials in an appropriate fashion. If you do not want your details included please email us at email@example.com and we will remove your business name within 30 days.
Conduct On TestCollab
You may not use the TestCollab Platform to:
- Upload, post, transmit, or otherwise make available any of Your Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Upload or transmit images that contain nudity, weapons, violence or drugs.
- Impersonate, or misrepresent your relationship with, any person or entity.
- Upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party.
You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.
We reserve the right to terminate any account that is in breach of these terms.
All payments authorized by you into your account are final. There is no refund provided regardless of whether you use the Service or not.
If you use free plan of TestCollab, you will never be charged. However, you can upgrade your account at any time
If you have a paid plan You will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize us to charge such fees using your selected payment method and approved by TestCollab for Your Prepaid Account (“Your Account”) and all amounts due and owing for the Service, including service fees, subscription fees or any other fee or charge associated with Your use of the Service. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated to TestCollab at the start of the subscription period, unless You terminate Your subscription before the relevant period begins.
You can also select a 30 days free trial when you sign up for any of the paid accounts. If you cancel within this 30 days trial, you will not be charged and will be downgraded to free plan.
When your 30 day free trial period is over, your credit card will be automatically charged for the plan you picked for your 30 day trial.
If you opt to pay once a year in advance, there is no part refund if you decide to stop using your account during the year. Once you pay for a year upfront your account will be live for 12 months. After the 12 months you can either re-new for a whole year, pay month by month.
Prices of all Services are subject to change at any time. TestCollab will strive wherever possible to give advance notice. Such notice may be provided at any time by posting the changes to the TestCollab website or the Service itself.
In connection with your use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree to indemnify TestCollab to the extent that TestCollab incurs any obligations or other liabilities in connection with such taxes.
Changing Your Plan
Service provided by TestCollab allow you to upgrade or downgrade your plan.
If you upgrade your plan from one plan to a higher priced plan, TestCollab will charge you thus:
If you pay monthly, your first payment will be the difference between the higher priced plan and your current plan price, whereby payment received by TestCollab for your current package price is pro-rated based on the actual number of days until your scheduled monthly payment date. Your regularly scheduled monthly payment date will remain the same as your initial purchase date, with subsequent monthly charges at the higher plan price.
If you pay yearly, your first payment will be the difference between the higher priced plan and your current plan price, whereby payment received by TestCollab for your current package price is pro-rated based on the actual number of days until your scheduled yearly payment date. Your regularly scheduled yearly payment date will remain the same as your initial purchase date, with subsequent yearly charges at the higher plan price.
If you downgrade your plan and move from a higher priced plan to a lower priced plan then no refunds will be provided and you will be charged for lower priced plan from next scheduled payment date.
Cancellation Of Account
You are solely responsible for properly canceling your account. You can cancel your account at any time by accessing the Billing panel in your account.
All of your content will be inaccessible from the Service upon cancellation after next renewal date. Within 60 days, all this content will be permanently deleted from all backups and logs. This information can not be recovered once it has been permanently deleted.
We may suspend or terminate your account(s) or cease providing you with all or part of our Service at any time without liability to you for any reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement, (ii) you create risk or possible legal exposure for us; (iii) you have a free account that has not had any activity for sixty (60) days, or trial accounts without a payment method thirty (60) days after expiration, or (iv) our provision of our Service to you is no longer commercially viable. We will make reasonable efforts to notify you through our Service, the next time you attempt to access your account, or by an email address or phone number you have provided us (if applicable). If we terminate your access to the Service, your Content and all other data will no longer be accessible through your account.
Abuse Of Features
The features made available through the Service are intended for the normal use of the software. Abuse of features may result in a ban or removal of service. In extreme cases, we reserve the right to temporarily suspend your account if your usage significantly exceeds the average usage of other Service customers and/or there’s a danger that your usage of the Service is causing disruption to other users. We’ll always attempt to reach out to the account owner before taking any action except in rare cases where the level of use may negatively, immediately impact the performance of the Service for other customers.
No Reselling Or Use Outside Of Permitted Terms
Other than using the Service as permitted under the terms and conditions of this Agreement or other written agreements between you and TestCollab, You may not resell, distribute, make any commercial use of, or use on a time-share or service bureau basis.
Use Of Third Party Applications And API Access
You expressly understand and agree that TestCollab shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. TestCollab, in its sole discretion, will determine abuse or excessive usage of the API. TestCollab will make a reasonable attempt via email to warn the account owner prior to suspension.
TestCollab’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the TestCollab reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the TestCollab will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Modifying the agreement
TestCollab reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Service, at any time. If we do so, we will post a notice in your account.
Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised Terms on this Site, and your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.
If you do not agree to the modified Terms, you must stop using the Service.
TestCollab and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of TestCollab’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
These Terms will be governed by the laws of the New Brunswick, Canada, without regard to its conflict of laws principles. You, moreover, agree that the courts of the province of New Brunswick, Canada shall have exclusive jurisdiction to hear any dispute relating to this Agreement.
Disclaimer limitation of liability
Disclaimer. Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the service by you constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of our service and the internet. Any and all services provided by us to you are provided “As is”, Without warranty of any kind. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non infringement and all warranties that May arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. We and our affiliates, licensors, suppliers, and agents do not warrant that your use of our website or materials will be uninterrupted, error-free or secure, that defects will be corrected or that our website, the server (s) on which our website is hosted or our materials are free of viruses or other harmful components. Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the service, including but not limited to claims relating to faulty, malfunctioning or inoperable service.
Limitation of liability. In no event will we nor any of our affiliates, licensors suppliers or agents, nor our or their directors, officers, employees, consultants, agents or other representatives (“Indemnified parties”) , Be liable for any indirect, incidental, special, consequential or punitive damages or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by you or any third party, whether in an action in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or if such damages are foreseeable. Your sole remedy for dissatisfaction with our website, materials or any linked site is to stop using them. The sole and exclusive maximum liability of all indemnified parties collectively for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount paid by you, if any, to access or use our website or our materials. Your use of our website and any materials provided through our website is entirely at your own risk. You acknowledge that the limitations of liability in these terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.
Errors. A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website’s completeness or correctness is in question, please email us at support@testcollab,com, if possible, a description of the material to be checked and the location (url) where such material can be found on our website.
If you have any questions regarding this agreement or if you wish to discuss the terms of service contained herein please contact us on firstname.lastname@example.org
Latest update: January 25, 2021