Thank you for developing with test-gear.io!
These Terms and Conditions, which also include the Privacy Policy, Cookies Policy, Data Processing Addendum set out the terms and conditions for the use of the Service offered by Test-Gear.io. By clicking “Accept” or using any of the Services, you acknowledge that you have read and understood, and agreed to these Terms and Conditions on behalf of any person or entity for whom you are using our Service.
If you do not agree to any of these Terms and Conditions, then you should not use the Service. All rights not expressly granted in these Terms are reserved by Test-Gear.io.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
We may change these Terms and Conditions from time to time by posting updates to the Website. You are advised to check the Terms and Conditions from time to time for any updates that may impact you and if you do not accept such amendments, you must cease using our Service.
Who we are and how to contact us
In these terms and conditions “Test Gear”, “We”, “Us” and “Our” means TestGear Limited, a private company incorporated and registered in Cyprus with Company Number HE356936 whose registered office is at 71 Limassol Ave., 4th floor, Aglantzia, Nicosia (2121 Post Box), and “you” and/or “your” means any natural or legal person who uses the Site and Service.
We can be contacted by email at info@test-gear.io or by phone at +357 33473000.
By using the Service you accept these Terms
By Using the Service you agree to be legally bound by the following Terms and Conditions (the “Terms”). If you do not agree to these Terms you must not use the Site. We recommend that you keep a printed copy of these Terms for future reference.
The following additional legal terms are hereby incorporated into these Terms and apply to your use of the Service:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
Our Cookie Policy which sets out information about the cookies on the Site.
Changes to these Terms
We may amend these Terms from time to time. Every time you wish to use the Service, please check these Terms to ensure you understand the Terms that apply at that time.
We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Service for business and operational reasons.
You are also responsible for ensuring that all persons who access the Service are aware of these Terms other applicable legal terms and that they comply with them.
Definitions
To help you read and understand these Terms, we've set out definitions of some key terms below:
"Authorised User" means any person or entity that a Customer authorises to use the Service on its behalf. This includes employees and personnel of the Customer who are authorised to use the Services on the Customer's behalf, but also includes support partners and other third parties with whom a Customer shares its Test-Gear.io account details (and for whose conduct the Customer is responsible).
"Content" means text, graphics, audio and video materials, documentation, information posted in the Software / App or Website, perceivable by a person or with the help of special devices.
"Customer" means the person or entity who registers to use the Service by creating a Test-Gear.io account. If you are creating an account or using the Services on behalf of a business, you agree that you are accepting these Terms and have the authority to enter into these Terms, on behalf of the business, which will be deemed to be the Customer, and will be bound by these Terms.
“Owner” means the owner of Intellectual Property Rights in the Software.
“Personal Data” means any Data relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person), such as your first and last name, identity number, e-mail address, address and province, telephone number, education details and training records, employment data, financial and / or banking data, as well as other data related to demographics, other (online) contact data etc.
“Service” means Test Gear software and services, and any features, technologies or functionality provided by those products or services offered by us, including the TestGear.io software. Your use of the Services will be subject to any allowances and/or limits that apply to the Test Gear plan which you have purchased.
"You" means the Customer and (where the context permits) includes any Authorised Users.
“We” or “Test Gear” means Test-Gear.io
By using Test-Gear.io You confirm to meet the following requirements:
Content on test-gear.io
Unless where otherwise specified or clearly recognizable, all content available on test-gear.io is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on test-gear.io infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Please note that single or additional conditions of use or access nay apply in specific scenario and in such cases are additionally indicated within this document.
By using test-gear.io, Users confirm to meet the requirements presented in this document.
Account information
To lawfully use our Services, you must be at least at the age your country of residence defines as the least age to offer information society services.
You agree to provide true, accurate, current, and complete account information, and to maintain and promptly update your account information to ensure that it remains true, accurate, current, and complete. We will use that information to contact you from time to time, so it is important that you keep all of your contact details, and those of your Authorised Users, up to date.
Access to external resources
Through test-gear.io Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable Use
Through test-gear.io Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Users must not:
- Use the Service in any unlawful manner (or if use of the Services would cause you to breach any law or regulation applicable to you), for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms;
- Infringe our Intellectual Property rights or those of any third party in relation to your use of the Service;
- Transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of Service;
- Use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- Collect or harvest any information or data from the Services or our system or attempt to decipher any transmissions to or from the servers running any Service;
- Disclose or distribute information relating to another User of the Service to any third party, or use any other User’s information for any marketing purposes unless you have the User’s express permission to do so;
- Access or register User logins via bots or any other automated methods;
- Use sexually explicit, racial, ethnic, cultural, or similarly offensive, provocative, shocking, or inappropriate names and labels and other offending content;
- Process personal data in any unlawful way such as not following the provisions of:
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Intellectual Property
You acknowledge and agree that TestGear may offer Content that is protected by copyright, trademark, trade secrets, or other proprietary rights and laws governing such legal relations.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to test-gear.io are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with test-gear.io are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Except as expressly provided by the Terms and Conditions, You agree not to use such Content in bad faith, in whole or part, including but not limited to because such use would be in direct violation of copyright rights and interests, and in rights and interests of other Customers.
Any use of Services, except as specifically stated in these Terms of Use, is prohibited. Technology and computer software, applications, content, design, images and the like underlying or relating to Services, are protected by copyright and other laws. You agree not to carry out the following actions, namely: copy, modify, create derivative works of, reverse engineer, disassemble or otherwise attempt to derive the source code, sell, assign, sublicense or otherwise transfer rights to Services. Any rights not expressly granted herein are reserved to TestGear. No part of these Terms of Use shall be construed as granting, by implication, or otherwise, any license or right to use intellectual property rights for Services or parts thereof.
Termination of accounts
We can suspend your account at any time with or without written notice to you. Such termination will be effective at the end of your then-current paid-up agreement. We may also cancel your right of use of the Service immediately, if, in our discretion:
- You have committed a material or persistent breach of these Terms or any other terms applying to your use of the Service;
- We consider that provision of Services, or use of them, in your territory or jurisdiction will or is likely to breach any applicable law;
- We decide to withdraw the Service from your territory or jurisdiction altogether, or
- You fail to comply with any limits or restrictions that may apply to your plan;
- Your use of the Service is creating a security or availability risk for TestGear or our other customers, is impacting (or may impact) the stability or performance of our systems, or is requiring disproportionate resource to deliver (e.g. in terms of storage or processing requirements, support requests or helpdesk queries).
You are entitled to terminate your account with TestGear at any time. You can request to terminate your account by sending an email to support@test-gear.io. If you terminate your account before the end of your current paid agreement, your cancellation will take effect immediately and you will not be entitled to any refund of fees paid in advance, unless we agree otherwise.
If your account is cancelled, your account will be deactivated/deleted and all your rights granted under these Terms will immediately cease, except to the extent that it is necessary for them to continue in respect of our ongoing storage of your data to the date of permanent deletion. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is exported, backed-up or replicated before cancellation.
Fees and Taxes
The fees and charges for use of the Service are set out on the Website (https://test-gear.io/cost-cloud), or as notified to you in the case of an exclusive development you may wish (“Fees”) and are subject to change. We can change the Fees, and/or introduce new pricing packages and terms, at any time. The new Fees or pricing will apply to you upon expiry of that notice, unless you choose to cancel account before the changes take effect. Also, the new Fees will apply to you immediately if you choose to change your plan/package, or if you reactivate your plan after cancellation. Fees are charged in advance on a monthly or annual basis and are non-refundable, including if you use part of a month or year’s subscription for the Services. Unless required by law, we will not provide refunds in connection with the Services.
If you are carrying out a free trial of the Services (Demo), the free trial will begin on the day that you subscribe for the Demo and end of the published trial period . If you wish to continue to use the Services at the end of the demo period, you will need to provide valid payment details. You indemnify and hold TestGear harmless against any claims by any tax authority for any underpayment of any services, value added or other tax or levy, and any penalties and/or interest.
Payment of your Fees could incur additional bank fees at the discretion of your bank. Bank fees may be charged for currency conversion and international settlement; and your charge may still be subject to additional fees even if you are being charged by TestGear in your local currency. If your bank / credit card statement charge differs from your invoice, please contact your provider / bank in the first instance. TestGear is not liable for any additional bank transaction fees that may be charged.
Service Interruption
To ensure the best possible service level, the Owner 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 Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might be unavailable due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labour actions, infrastructural breakdowns or blackouts etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of test-gear.io and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
No malicious or illegal use
You must not: (a) use the Service in any unlawful manner (or if use of the Service would cause you to breach any law or regulation applicable to you), for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the Service; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service; (d) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; (f) disclose or distribute information relating to another User of the Service to any third party, or use any other User's information for any marketing purposes unless you have that User's express permission to do so; or (g) access or register User logins via bots or other automated methods.
You are responsible for your use of the Service and you indemnify us
You are responsible for all activity that results from use of the Service through your account. You are responsible for maintaining the security of your account and password. TestGear will not be liable for any loss or damage that may result from any failure to keep usernames and passwords secure.
You indemnify TestGear against all forms of liability, actions, proceedings, demands, costs, charges and expenses which TestGear may incur or suffer as a result of use of the Service through your account or as a result of your failure to comply with these Terms.
Data protection
We will maintain appropriate technical and organizational measures to protect the security of the data or content that you input into the Service.
You are responsible for complying with all applicable data protection laws in respect of your use of the Services and with regard to any instructions you issue to TestGear with regard to the processing of personal data you provide to TestGear through the Service. In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations or consents from any end-users, personnel or other individuals to whom the data relates, to enable TestGear to lawfully access their personal data under these Terms and to process their personal data outside of their country of residence.
You shall not provide (nor permit any User to provide) any Sensitive Data to TestGear. For the purpose of these Terms, "Sensitive Data" shall mean data revealing a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health data, data about sex life or sexual orientation, or data about criminal convictions and offences.
If you are in the European Union and your use of the Services requires us to process personal data falling within the scope of the EU General Data Protection Regulation 2016/679, then you can ask for our Data Processing Addendum ("DPA"). Once executed, the DPA shall apply to processing of such personal data and shall hereby be incorporated by reference.
Data deletion
On expiry or termination of these Terms, or upon cancellation of your account, the data submitted by you to the Service will be deleted after 180 days, unless applicable laws or regulations require TestGear to retain the data for a longer period. To the extent that we continue to hold the data, it shall be securely isolated and protected from further processing except to the extent required by applicable law.
Governing law
These Terms shall be governed by and construed under the laws of the Republic of Cyprus as applied to agreements entered into and to be performed in Republic of Cyprus residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving the Republic of Cyprus.
No Waiver
The Owner’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.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Contacts
All communications relating to the use of test-gear.io must be sent using the contact information stated in this document.
Disclaimer of Warranties
THE USE OF THE SERVICE IS CARRIED OUT AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE USE OF SERVICE DOES NOT PROVIDE ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED NON-INFRINGEMENT WARRANTIES. THE USE OF SERVICE DOES NOT PROVIDE ANY WARRANTIES THAT (I) SERVICE WILL MEET ALL YOUR REQUIREMENTS, (II), SERVICE WILL WORK IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE FASHION, (III) THE RESULTS THAT MAY BE OBTAINED FROM USING SERVICE, WILL BE ACCURATE OR RELIABLE OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED FROM MERCHANTS USING LOYVERSE WILL MEET ALL YOUR REQUIREMENTS.
From time to time, we may add, make changes to or remove altogether features or functionality of the Service. If you're using the Service, you may need to install a new or updated version of your browser before you can receive the benefit of those changes. We may also decide to cease providing all or some of the Service at any time, and nothing in these Terms is to be taken as a guarantee that the any Service will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Service or any version of them.
Disclaimer
YOU UNDERSTAND AND AGREE THAT BY USING SERVICES, YOU ALONE ARE RESPONSIBLE AND SHALL NOT HOLD TESTGEAR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING (WITHOUT LIMITATION) LOSS OF REPUTATION, USE OF PERSONAL DATA OR OTHER INTANGIBLES ON THE BASIS OF THE AGREEMENT, OFFENSES, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (WITHOUT LIMITATION), RESULTING FROM: (I) THE USE OR INABILITY TO USE SERVICES; (II) SPENDING ON GOODS, THEIR REPLACEMENT AND/OR OTHER AS A RESULT OF DATA, INFORMATION, COMMUNICATIONS RECEIVED FROM LOYVERSE AND/OR OTHERWISE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMMUNICATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY USING SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE USE OF SERVICES.
August 5th, 2022
