BY REGISTERING WITH TESTMUNK, OR BY OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW) IN ANY WAY, YOU (A) AGREE TO BE BOUND BY THIS AGREEMENT, AND (B) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR OR INCAPACITATED). IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT ENTITY TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE.
THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO MODIFICATION AT ANY TIME UPON THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO YOU. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USAGE OF THE SOFTWARE FOLLOWING OUR POSTING OR EMAILING OF A CHANGE NOTICE OR REVISED AGREEMENT WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
1.1 THE TESTMUNK SOFTWARE. The purpose of this Agreement is to permit you to access and download certain software developed or distributed by Testmunk that allows the functional testing of mobile apps.
1.2 REGISTRATION. To obtain a copy of the fully functional Software, you must first establish an account with Testmunk ("Your Account") using the process specified by Testmunk. By registering with Testmunk, you represent and warrant that the information you provide is accurate and complete in all respects. You will promptly notify Testmunk of any change in such information and will ensure that the information you have provided with respect to Your Account, including your contact information is at all times complete, accurate and up-to-date. You acknowledge that if you do not register with Testmunk, among other restrictions that Testmunk may implement in its sole discretion, you will not be able to use the testing capabilities of the Software.
2.1 LICENSE GRANT. Subject to the terms and conditions of this Agreement, Testmunk hereby grants to you a limited, revocable, non-exclusive, royalty-free, non-transferable, non-sublicenseable right and license to (a) reproduce and use the Software solely for the purpose of incorporating the Software in your Mobile Apps in accordance with the Documentation and (b) distribute the app to beta users and (c) use for testing on Testmunk or your own devices.
3.1 SERVICE AVAILABILITY. Testmunk provides its device testing capabilities to paid users. You are aware that waiting times to start a testrun can occur. Waiting times of the service can occur due to demand, maintenance or external reasons. Testmunk does not guarantee to provide its service on any timeframe.
4.1 TERM AND TERMINATION. The term of this Agreement will be in effect until terminated as set forth below. You may terminate this Agreement upon written notice to Testmunk. If you breach any representation, warranty or other term or condition of this Agreement, Testmunk may terminate this Agreement immediately upon written notice to you.
5.1 WARRANTIES. Each party represents and warrants to the other that this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms, and no corporate authorization or approval is required in connection with such party's execution, delivery or performance of this Agreement.
5.2 DISCLAIMERS. EXCEPT AS EXPLICITLY PROVIDED HEREIN, TESTMUNK EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE ACCESS TO OR OPERATION OF THE SOFTWARE. TESTMUNK EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATA ACCESSED OR USED IN CONNECTION WITH THE SOFTWARE. TESTMUNK MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE SOFTWARE AT ANY TIME AND FROM TIME TO TIME. TESTMUNK DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER. NEITHER TESTMUNK NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PAYMENT SERVICES.
Any dispute relating in any way to the Software or this Agreement will be adjudicated in any state or federal court in Santa Clara County, California, and you hereby consent to exclusive jurisdiction and venue in those courts. The laws of the State of California, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between you and Testmunk. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. Notwithstanding anything to the contrary in this Agreement, Testmunk may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction in connection with any actual or threatened breach of any representation, warranty or other term or condition of this Agreement by you.
TESTMUNK WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, EVEN IF TESTMUNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TESTMUNK'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SOFTWARE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR ANY AMOUNTS YOU HAVE PAID TESTMUNK IN THE PAST TWELVE MONTHS (IF ANY). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TESTMUNK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
As a Visitor, you can browse our website to find out more about our Website. You are not required to provide us with any Personally Identifiable Information as a Visitor.
COMPUTER INFORMATION COLLECTED. When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered Non Personal Information. We also collect the following:
HOW WE USE YOUR INFORMATION. We use the information we receive from you as follows:
Customizing Our Website : We may use the Personally Identifiable information you provide to us along with any computer information we receive to customize our Website. Sharing Information with Affiliates and Other Third Parties : We do not sell, rent, or otherwise provide your Personally Identifiable Information to third parties for marketing purposes. We may provide your Personally Identifiable Information to affiliates that provide services to us with regards to our Website (i.e. payment processors, Website hosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information. Data Aggregation: We retain the right to collect and use any Non Personal Information collected from your use of our Website and aggregate such data for internal analytics that improve our Website and Service as well as for use or resale to others. At no time is your Personally Identifiable Information included in such data aggregations.
LEGALLY REQUIRED RELEASES OF INFORMATION: We may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of Testmunk, our Users, employees, and affiliates.
PROTECTING YOUR CHILD’S PRIVACY: Our Website is not designed for use by anyone under the age of 13 ("Child"), though we realize we may have a Child attempt to make purchases through our Website. We do not verify the age of our Users nor do we have any liability for verifying a User's age. If you are a Child, please seek the permission of a parent or guardian before using our Website.If you are a parent or guardian and believe your Child is using our Website, please contact us to remove your Child's account; we reserve the right to ask you for verification of your relationship to the Child before we honor such a request. If we discover that a Child has created an account on our Website, we will immediately delete the account as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. However, as parent of such a Child, you understand that you are legally liable for any transactions created by the Child.
OUR EMAIL POLICY: Our affiliates and we fully comply with national laws regarding SPAM. You can always opt out of receipt of further email correspondence from us and/or our affiliates. We agree that we will not sell, rent, or trade your email address to any unaffiliated third-party without your permission.
QUESTIONS: If you have any questions about our Privacy Practices or this Policy, please contact us.