Terms of Use

Last updated: 6th May, 2020

Acceptance of terms

TestBuddy Ltd ("us", "we", "our", or "company") is a company registered in England and Wales (company number 12496066). TestBuddy Ltd solely owns and runs TestBuddy (the "Service") and operates https://testbuddy.co and all of its subdomains (the "Site"). By signing up for our Service, you agree that you have read, understand, and accept the terms and conditions described below (the "Terms of Use") and you agree to be bound by these Terms of Use and all terms, policies and guidelines incorporated in the Terms of Use by reference (collectively, the "Agreement"). If you do not agree to this Agreement, you should not use the Service in any way. The Service is offered to you conditional on your acceptance of this Agreement.

Unless explicitly stated otherwise, any new features that are added to the current Service shall be subject to these Terms of Use.

Modification of agreement

From time to time we may make changes to these Terms of Use. When we do, we will revise the "Last updated" date given above. The then-current version of these Terms of Use will supersede all earlier versions. You agree that your continued use of our Service after such changes have been published to our Service will constitute your acceptance of such revised Terms of Use.

Legal notices

This Agreement shall be governed by and construed in accordance with the law of England and the parties irrevocably agree that the English courts shall have non-exclusive jurisdiction over any claim or matter arising under or in connection with this Agreement.

Privacy

Please visit https://testbuddy.co/privacy to understand how TestBuddy collects, processes, uses and discloses personal information and to learn about your personal data rights.

Trial period

Using the Service requires the opening of an Account via the Site. The person opening the Account represents that he/she/they has the legal authority to bind the legal entity he/she/they acts for to this Agreement, with respect to TestBuddy Ltd.

TestBuddy Ltd will provide the Service for a number of days without any remuneration for the duration of the Trial Period. We may limit the functionality of the Service during the Trial Period and may offer a different Trial Period to any of our customers, at our sole discretion. The Trial Period ends when you activate a subscription to the Subscription Service or the Trial Period duration concludes.

The Account is deactivated and the Service is disrupted once the Trial Period concludes and there isn’t an active subscription to the Subscription Service. You can reactivate your Account at any time with a valid subscription.

Subscription Service and Cancellation Policy

The Service may include automatically recurring monthly payment charges (the "Subscription Service"). If you activate the Subscription Service, you authorise TestBuddy Ltd to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your Account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. For information on the "Subscription Fee", please see our Pricing page.

Your Account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. We will bill the periodic Subscription Fee to the payment method you provide to us during subscription registration (or to a different payment method if you change your payment information).

The subscription will continue unless you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your Account. If you cancel your subscription you will have access to the Service up to, and including, the day before your next Subscription Billing Date was due to recur.

You may cancel the Subscription Service by contacting support@testbuddy.co or by using the in-app messenger.

Payment terms and Authorisation

Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in British Pound Sterling (GBP) and are non-refundable. You acknowledge that for certain credit cards, the issuer of your credit card may charge a foreign transaction fee or other charges. If you pay any fees with a credit card, TestBuddy Ltd may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

If a payment is not successfully settled due to expiration of a credit card, insufficient funds, or otherwise, you remain responsible for any amounts not remitted to TestBuddy Ltd and we may, in its sole discretion, either invoice you directly for the deficient amount, continue billing the credit card once it has been updated by you (if applicable) or terminate this Agreement.  In addition to the amount due for the Service, a non-successfully settled  account may be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

At any time you may change your credit card information by entering updated credit card information via the following page: https://app.testbuddy.co/account/subscription

Price

TestBuddy Ltd reserves the right to determine pricing for the Service. TestBuddy Ltd will make reasonable efforts to keep pricing information published on the Site up to date. We encourage you to check the Site periodically for current pricing information, located here: https://testbuddy.co/pricing. We may change the fees for any feature of the Service, including additional fees or charges, if we give you advance notice of changes before they apply.

TestBuddy Ltd, at its sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms of Service.

Ownership

This is a subscription agreement for access to and use of the Service. You acknowledge that it is obtaining only a limited right to the Service and that irrespective of any use of the words "purchase" or like terms in this Agreement no ownership rights are being conveyed to you under this Agreement.

You agree that TestBuddy Ltd retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service and all related and underlying technology and documentation and any derivative works, modifications or improvements. Except as expressly set forth in this Agreement, no rights in TestBuddy Ltd and the Service are granted to Customer. Further, you acknowledge that the Service is offered as an online, hosted solution, and that you have no right to obtain a copy of any of the Service.

Disclaimer

You understand and agree that the Service is provided “as is” and that you use the Service at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Service for a particular purpose.

We do not make any representation or warranty of any kind and do not assume any responsibility for any improvement to your exploratory testing process, approach or methodology and anything you are testing by use of the Service.

Access to the Service may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for any other reason beyond our reasonable control – either via us, our 3rd party cloud storage provider and/or platform-as-a-service provider. We may suspend or withdraw or restrict the availability of all or any part of our Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible.

Prohibited conduct

By using the Service you agree not to:
  • use the Service for any illegal purpose or in violation of any national or international law;
  • interfere with security-related features of the Service, including by: (i) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (ii) hacking, password “mining” or using any other illegitimate means of interference;
  • modify or create derivatives of any part of the Service;
  • interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
  • take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service’s systems or networks, or any systems or networks connected to the Service

Termination

We reserve the right to modify, temporarily suspend or permanently delete your account and terminate your access to the Service if we have reason to believe that you have breached or acted inconsistently with the Terms of Use, including without limitation, fraudulent or unauthorised activity.

Either party hereto may terminate this Agreement at any time by giving notice in writing to the other party, which notice shall be effective upon receipt. If you wish to delete your account and terminate your Agreement with us, you may notify us by emailing support@testbuddy.co.

The following sections of this Terms of Use will survive any expiration or termination of this Agreement: "Privacy", "Trial period", "Subscription Service and Cancellation Policy", "Payment terms and Authorisation", "Ownership", "Disclaimer" and "Termination".

Professional Services

TestBuddy Ltd may provide professional consulting services ("Professional Services") purchased via an applicable order form. The scope of Professional Services will be as set forth in a Statement of Work referencing this Agreement and executed by both parties describing the work to be performed, fees and any applicable milestones, dependencies and other technical specifications or related information ("SOW"). Unless Professional Services are provided on a fixed-fee basis, you will pay TestBuddy Ltd at the per-hour rates set forth in the order form (or, if not specified, at TestBuddy Ltd’s then-standard rates) for any excess services. You will reimburse us for reasonable travel and lodging expenses as incurred. You may use anything delivered as part of the Professional Services in support of authorised use of the Service and subject to these Terms of Use and the applicable SOW, but TestBuddy Ltd will retain all right, title and interest in and to any such work product, code or deliverables and any derivative, enhancement or modification thereof created by TestBuddy Ltd.

Links to other websites

The Service may contain third-party owned content and links to other websites ("Third Party Websites"). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third Party Websites.

Third Party Websites are not under our control and we are not responsible for the content or privacy practices of the Third Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites. We may provide third party content and Third Party Websites to you only as a convenience, and the inclusion of such third party content and Third Party Websites is not an endorsement by us in favour of any third party. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Third Party Websites.

Links to this website

If you create or share a link to a page of this Site you do so at your own risk and the Disclaimer set out above will apply to your use of the Service by linking to it.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or person made eventuality outside of our control, which causes the termination of an agreement, nor which could have been reasonably foreseen. Both us and/or you affected by such event shall forthwith inform each other of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

If we and/or you fail to exercise or enforce any rights or provision of the Terms of Use, this shall not constitute a waiver of such rights or provisions. If any provision of the Terms of Use are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

You agree that these Terms of Use represent the entire understanding between us and you and these Terms of Use supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you.

Contact us

These Terms of Use are effective as of 6th May, 2020. If you have any thoughts or questions about these Terms of Use please contact us via hello@testbuddy.co.