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Terms of Service

Testmunk automates mobile app testing

These Testmunk Software Terms of Use (this "Agreement") is a legal agreement between you and, if applicable, the company or other legal entity you represent (collectively, "you") and Tipgain Inc., trading as (“Testmunk").

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. BACKGROUND

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. LICENSE

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. SERVICE AVAILABILITY

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. TERM AND TERMINATION

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. WARRANTIES

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.


6. DISPUTES

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.


7. MISCELLANEOUS

You may not assign this Agreement, by operation of law or otherwise, without our prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Testmunk's failure to enforce performance of any provision of this Agreement will not constitute a waiver of Testmunk's right to subsequently enforce that provision or any other provision of this Agreement. Notices under this Agreement to Testmunk must be sent by first class mail or overnight courier to the following address: Tipgain Inc., 10532 Esquire Place, Cupertino, 95014, CA, USA, Attn: Product Manager. Notices to you may be sent to the email address or mailing address that you provide as part of your registration with Testmunk. This Agreement constitutes the entire agreement between you and Testmunk regarding the subject matter hereof and supersedes any prior or contemporaneous agreements, communications, or understandings between you and Testmunk, whether written or oral, regarding such subject matter. You agree that Testmunk may refer to you on its website and in any of its other marketing materials, and may describe your games, applications and/or business. Whenever used in this Agreement, the term "including" means "including without limitation".

Privacy Policy

YOUR PRIVACY
. Testmunk follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. You will see terms in our Privacy Policy that are capitalized. These terms have meanings as described in the Definitions section below. DEFINITIONS 
"Non Personal Information" is information that is not personally identifiable to you and that we automatically collect when you access our Website with a web browser. It may also include publicly available information that is shared between you and others. "Personally Identifiable Information" is non-public information that is personally identifiable to you and obtained in order for us to provide you within our Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you. INFORMATION WE COLLECT.
 Generally, you control the amount and type of information you provide to us when using our Website.

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:

COOKIES. Our Website uses "Cookies" to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Also, Cookies may also be used to track how you use the site to target ads to you on other websites. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place Personally Identifiable Information in Cookies. THIRD PARTY TRACKING TOOLS. We also use third party tracking tools to improve the performance and features of our Website. These third party tracking tools are designed to collect only Non-Personal Information about your use of our Website. However, you understand that such tools are created and managed by parties outside our control. As such, we are not responsible for what information is actually captured by such third parties or how such third parties use and protect that information. AUTOMATIC INFORMATION.
 We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you're headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.

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.

LINKS TO OTHER WEBSITES: Our Website may contain links to other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors. You access such linked Websites at your own risk. These websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information. In addition, these websites may contain a link to Websites of our affiliates. The websites of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such websites will utilize your personal information.

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.

PRIVACY POLICY UPDATES:
 We reserve the right to modify this Privacy Policy at any time. You should review this Privacy Policy frequently. If we make material changes to this policy, we may notify you on our Website, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the "Last Updated" date at the beginning of this Privacy Policy. Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies.

QUESTIONS: If you have any questions about our Privacy Practices or this Policy, please contact us.