Bitbar Testing: Private Cloud – Terms of Service
Copyright © 2016 Bitbar Technologies Oy. All Rights Reserved.
Terms & Conditions
This is a legal agreement between you and Bitbar Technologies (“Bitbar”). By using the Bitbar Testing Private Cloud (aka Testdroid Private Cloud) web service (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Violation of any of the terms below will result in the termination of your Account. While Bitbar prohibits such conduct on the Service, you understand and agree that Bitbar cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
1. Account Terms
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Bitbar cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
2. Copyright and Content Ownership
- Bitbar claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. The information on the Service including without limitation, all text, documents, reports, data, graphics, charts, logos, buttons, icons, images, audio and video programs, and software is the property of Bitbar, and is protected by copyright laws and international treaties. Except as specifically permitted on the Service, no portion of the Service may be distributed or reproduced by any means, or in any form.
- Bitbar does not pre-screen Content, but we have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend Bitbar against any claim, demand, suit or proceeding made or brought against Bitbar by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Bitbar for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Bitbar in connection with any such claim, demand, suit or proceeding; provided, that Bitbar (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Bitbar of all liability); and (c) provides to You all reasonable assistance, at Your expense.
3. Private and Security
- You are responsible for all activities that occur under your passwords or account, and will keep your passwords confidential. You will immediately notify us of any unauthorized use of your passwords or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user’s password, or otherwise act in a way that interferes with other users’ use of the Service.
4. Payment, Refunds, Upgrading and Downgrading Terms
- All paid plans must enter a valid credit card or agreed invoicing with Bitbar Technologies.
- Paid plans on the Service are billed in advance on a monthly basis and is non-refundable. Alternatively, you may choose to use annual pricing when agreed with Bitbar. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. In addition you shall be billed for actual usage – as specified below.
- You will be billed for your actual use of the Service. All charges shall be made to the credit card or invoicing which details were provided upon registration. You may update your billing details by updating payment options under the service subscription page. The applicable monthly Service Fee are as provided to you during your registration process. We reserve the right to change the above fees, terms and conditions from time to time.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Bitbar does not accept any liability for such loss.
5. Warranties and Disclaimers
- THE SERVICE AND ANY DOCUMENTS AND FILES AVAILABLE ON THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE COMPANY MAY MAKE CHANGES TO THE SERVICE AT ANY TIME AND FOR ANY REASON WITHOUT PRIOR NOTICE TO YOU.
- BITBAR MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
6. Limitation of Liability
- UNDER NO CIRCUMSTANCES SHALL BITBAR OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE AND ITS CONTENT OR ANY OTHER WEB SITE FOR WHICH A LINK IS PROVIDED ON THE SERVICE. THIS LIMITATION SHALL APPLY EVEN IF BITBAR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- You acknowledge and agree that Bitbar may modify this Terms of Service from time to time without notice, and any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Modifications shall be effective and binding upon you immediately upon posting to this web page, and that such posting will constitute notice to you of such amendments to the Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
8. Cancellation and Termination
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your service on Bitbar Testing Private Cloud (aka Testdroid Private Cloud) online service by written 3 months in advance.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged at the next billing period. In case of extra payments, your credit card will be charged during the cancellation.
- Bitbar, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Bitbar reserves the right to refuse service to anyone for any reason at any time.
– Upon any expiration or termination of this Agreement, Customer shall immediately cease any and all use of and access to Bitbar Testing Private Cloud (aka Testdroid Private Cloud).
9. General Conditions
- Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
- You understand that Bitbar uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- Bitbar may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Unless you explicitly opt out by notifying Bitbar, you agree to be identified as a customer of Bitbar and that Bitbar may refer to you by name, trade name and trademark, if applicable, in Bitbar’s marketing materials, on Bitbar’s web site, in public or legal documents.
- The failure of Bitbar to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Bitbar and govern your use of the Service, superseding any prior agreements between you and Bitbar (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under laws of Finland.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org
- Section titles and headings herein are inserted for convenience only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.