Terms of Use

Last updated: 19th March, 2018

Acceptance of terms

Qeek Limited ("us", "we", "our", or “company”) is a company registered in England and Wales (company number 9313319). Qeek Limited 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.

Confidentiality

We are registered under the Data Protection Act 1998. Your records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. You have the right to request sight of, and copies of any and all records we keep, on the proviso that we are given reasonable notice of such a request.

We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail from third parties. Any emails sent by us will only be in connection with the provision of agreed services and products.

Privacy Statement

Only authorised employees of the company are permitted to use any information collected from individual customers.

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.

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.

Privacy

Please visit https://testbuddy.co/privacy to understand how TestBuddy collects and uses personal information.

Contact us

These Terms of Use are effective as of 19th March, 2018. If you have any thoughts or questions about these Terms of Use please contact us via hello@testbuddy.co.