Testpad Terms of Service
This page defines the terms of service which, by using the service, you agree to. The legal definitions and detail follow, but the summary is that you agree to use the service for the purpose it was intended, without misusing or abusing it, without posting or sharing prohibited items, and without holding us liable for anything arising from your use of Testpad. If we think your use of the service is not legal, or simply unreasonble, we reserve the right to suspend or delete your account.
Terms of Agreement
The following terms and conditions govern all use of the Testpad service, the ontestpad.com website, and all content, services and products available at or through the website (collectively 'Testpad').
Please read this Agreement carefully before accessing or using Testpad. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Testpad or use any its services. If these terms and conditions are considered an offer by Testpad Limited, acceptance is expressly limited to these terms.
Your Testpad Account and Site
Testpad is available only to individuals who are at least 13 years old.
Users must be human. Accounts registered by automated methods are not permitted.
If you create an account on Testpad, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account.
You must not publish any content (for example in an externally accessible test report) in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Testpad may change or remove any publicly accessible content that it considers inappropriate or unlawful, or otherwise likely to cause Testpad liability.
You must immediately notify Testpad of any unauthorised uses of your account, or any other breaches of security. Testpad will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Users
If you operate an account on Testpad, participate with an account, share test reports or otherwise make (or allow any third party to make) material available by means of the Testpad service (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- the Content is not named, labelled or described in a manner that misleads your readers into thinking that you are another person or company.
- and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Testpad Limited or otherwise.
If you delete Content, Testpad Limited will use reasonable efforts to remove it from the Testpad service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Testpad Limited has the right (though not the obligation) to, in Testpad Limited's sole discretion (i) refuse or remove any content that, in Testpad Limited's reasonable opinion, violates any Testpad Limited policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Testpad to any individual or entity for any reason. Testpad Limited will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
Testpad Limited has not reviewed, and cannot review, all of the material, including computer software, made available using Testpad, and cannot therefore be responsible for that material's content, use or effects. By accessing Testpad, Testpad Limited does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Testpad may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Testpad may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Testpad Limited disclaims any responsibility for any harm resulting from the use by visitors of Testpad, or from any downloading by those visitors of content there posted.
Testpad Limited uses the Fastspring service of Bright Market LLC to handle account billing as linked from the Testpad service.
You must provide Testpad with accurate billing information and keep this information up to date. By subscribing to one of the paid subscription plans on Testpad, you give Fastspring the right to charge your credit card, or bill you via other payment methods, for the recurring fees associated with your Testpad subscription.
Testpad is a subscription service. You pay in advance for each billing cycle on the first day of that cycle. Your Testpad account will be renewed automatically until you cancel the service. You are responsible for all charges incurred relating to your Testpad account, including any applicable taxes.
Changes to subscription plans
You can change the plan you are subscribed to at any time.
For monthly subscription plans, you will be billed at the new rate on the next billing date for your on-going subscription. If downgrading (moving to a cheaper plan), we do not refund for unused days, and you remain responsible for any charges incurred to date.
For annual subscription plans, you will be refunded a prorated amount for any unused months, and a new annual subscription plan will be started, and billed, on the day you make the change.
You can cancel your subscription to Testpad at any time. Once a subscription has been cancelled we will not charge your credit card, or bill you via other payment methods, again. The Testpad service will remain available to you until the end of the current billing period.
If your payment method does not work, we reserve the right to cancel, or make your account unavailable, immediately.
Any abuse of the service will lead to termination of your account. Testpad reserves the right to decide what is considered an abuse of the service.
Except in cases of abuse, Testpad will keep the data associated with any cancelled, or otherwise expired, account for 30 days from the date of cancellation. You have the option to delete your account and its associated data earlier than this date using the links provided.
If you cancel your account, Testpad will not charge you again, and will not refund for unused days or months.
If you change a monthly plan, Testpad will not refund (when downgrading), or charge (when upgrading), for partial months.
If you change an annual plan, Testpad will make a prorated refund for unused months of the existing plan, and will immediately charge you for the whole year of a new annual plan at the new rate.
(If you think you have a reasonable case for a refund outside of the scenarios above, please email firstname.lastname@example.org and discuss it with us).
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Testpad links, and that link to Testpad. Testpad Limited does not have any control over those non-Testpad websites and webpages, and is not responsible for their contents or their use. By linking to a non-Testpad website or webpage, Testpad Limited does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Testpad Limited disclaims any responsibility for any harm resulting from your use of non-Testpad websites and webpages.
As Testpad Limited asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Testpad violates your copyright, you are encouraged to notify Testpad Limited. Testpad Limited will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Testpad Limited will terminate a visitor's access to and use of Testpad if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Testpad Limited or others. In the case of such termination, Testpad Limited will have no obligation to provide a refund of any amounts previously paid to Testpad Limited.
This Agreement does not transfer from Testpad Limited to you any Testpad Limited or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Testpad Limited.
Your use of Testpad grants you no right or license to reproduce or otherwise re-use any part of Testpad.
Testpad Limited reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Testpad following the posting of any changes to this Agreement constitutes acceptance of those changes.
Testpad Limited may also, in the future, offer new services and/or features through the Testpad website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Testpad Limited may terminate your access to all or any part of Testpad at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Testpad account (if you have one), you may simply discontinue using Testpad.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Testpad is provided "as is". Testpad Limited and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Testpad Limited nor its suppliers and licensors, makes any warranty that Testpad will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, Testpad at your own discretion and risk.
Limitation of Liability
In no event will Testpad Limited, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Testpad Limited under this agreement during the twelve (12) month period prior to the cause of action.
Testpad Limited shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Testpad Limited, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Testpad, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Testpad Limited and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Testpad Limited, or by the posting by Testpad Limited of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Testpad will be governed by the laws of England.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Testpad Limited may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
29 July 2011 - Published.
17 November 2011 - Updated with terms relating to payments, cancellation and refunds.
These terms were modelled on the Terms of Service published under a Creative Commons licence by the kind folks over at WordPress.com.