1. ACCEPTANCE OF TERMS
The TestZoo site and all of its contents (the “Site”) is a copyrighted work belonging to IB Boost Ltd (“we”, “us”, “our” or “IB Boost”). IB Boost grants you the right to use the Site subject to the terms and conditions of service (“Terms”) set forth below.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE OR ANY SERVICE ACCESSIBLE THROUGH THE SITE.
IB Boost provides the Services (as defined in section 2) to you subject to the Terms, which may be updated by IB Boost from time to time without notice to you. By accessing and using the Services, you accept and agree to be bound by the Terms. All such guidelines or rules are hereby incorporated by reference into the Terms.
2. LICENSE AND DESCRIPTION OF THE SERVICES
IB Boost owns and operates the Site. All documents, software, content and other information available on the Site (“Content”) are protected by copyright laws throughout the world. All copyright notices and any licences or other legal notices must be retained on any copies. Any unauthorized reproduction, modification or distribution of the Site or Content, or unauthorized usage, reselling, timesharing or leasing of the Services or any aspect of the Site is strictly prohibited. IB Boost and its licensors and suppliers reserve all rights not granted in these Terms.
IB Boost provides users with access to a rich collection of resources, including, without limitation, various testing and validation tools, whitepapers and reference materials, and forums, through its platform which may be accessed through any various medium or device now known or hereafter developed (the “TestZoo Service” or “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current TestZoo Service shall be subject to the Terms. Additional terms may be applicable to particular Services from time to time and such terms will become part of these Terms if you use those Services.
TestZoo is designed and intended solely for the beneficial use by website and other application owners, licensees, permitted users or their agents or employees for the purpose of testing such websites or applications or performing other such analysis or automation as may be permitted through the Service from time to time. Reasonable and permitted use cases include the performance or load testing or other forms of testing of web sites or applications, including distributed large scale tests. By accessing and using the TestZoo Service, you are responsible for ensuring that you are authorized to access any third party sites in your use of the TestZoo Service and agree that you are solely responsible for any claims brought by a third party claiming unauthorized use of their site and/or content in your use of the TestZoo Service.
3. IB BOOST’S PROPRIETARY RIGHTS
You acknowledge and agree that the Services, and any software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by IB Boost or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, any Content, or the Software, in whole or in part.
IB Boost grants you a personal, non-transferable and non-exclusive right and license to use the Software solely through the TestZoo Site, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
Each legal entity is permitted only a single free account. You may not sign up to the Service with more than one (1) single email account in order to gain additional free tiers or other benefits. If you attempt to create more than one (1) free tier account you may have all of your free tier allowances revoked at IB Boost’s sole discretion. Your IP address and other identifying information may be used to identify this prohibited behaviour. You agree not to modify the Software or Site in any manner or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by IB Boost for use in accessing the Services.
IB Boost may offer some or all of the Software to you under open source licences from time to time and in such cases provisions in the open source licence may expressly override some of these terms.
4. USE OF THE SERVICES
In the use of the Service you may submit configuration, scripts, software or other content or data of which you are the beneficial owner (“User Content”). You will own all of the User Content, however you grant IB Boost, subject to your privacy settings and any applicable law, the non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, run, copy, display, distribute, modify, translate, and create derivative works of the User Content solely for the commercial purposes of running and developing the Service (“User Content Licence”). When you delete any User Content you understand and accept that it may persist in back-ups or version histories of the Site for a reasonable period of time including any such time periods deemed required according to jurisdictions of operation. If you share any User Content that has been made public or shared with another individual or organisation through the Site you will be deemed to have granted a perpetual User Content Licence to any such user for such content, which cannot be revoked.
Any feedback or suggestions you may give to IB Boost may be incorporated into the Site or Service without any obligation to compensate you for any such suggestion.
You understand and agree that the TestZoo Service is provided “AS IS” and that IB Boost assumes no responsibility for the mis-delivery or failure of the TestZoo service to store any User Content, user data, results, personalizations or customizations, or to provide such information on a timely basis. You are responsible for obtaining access to the TestZoo Service, including securing access to account details including a password or other security credentials necessary to use the TestZoo Service and you will take reasonable steps to secure such credentials from unauthorised use.
Access may involve third party fees, including Internet Service Provider or airtime charges, for which you are responsible in their entirety. You must provide and are responsible for any and all equipment necessary to access the TestZoo Service.
You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; (ii) storage of information on multiple secure servers in various countries; and (iii) changes to conform and adapt to technical requirements of connecting networks or devices.
5. MISUSE OF THE SERVICES
You should not use the TestZoo Site or Service for any purpose that may cause damage or inflict harm other than to property which you own or control and have acquired the necessary permission to use in such way. In particular, you will not misuse the ability to create heavy network traffic loads on any site or resource available on the internet for which you do not have the legal right to perform such an activity.
IB Boost retains the right to inspect and analyse data on all usage of the Service, including User Content and your data, to detect possible misuse and to immediately terminate any accounts or users found to be misusing the Service, as determined by the sole judgement of IB Boost.
6. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United Kingdom or other applicable jurisdiction. You also warrant that you will: (i) provide true, accurate, current and complete information about yourself and any organisation you represent or are any agent for as prompted by the Service’s registration form (the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, or IB Boost has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, IB Boost has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
8. MEMBER ACCOUNT, PASSWORD AND SECURITY
The TestZoo Site offers the ability to create new accounts, which you will uniquely identify with an email address, or other such qualification as may be required from time to time, and for which you will be able to set your own password, which you should keep confidential. The Site may, from time to time, offer the ability to use a third party user authentication service to login to the Site and to utilise the Services. In all cases, IB Boost will not be liable for any loss or damage arising from failure to maintain control and security over access to any such account. You are responsible for maintaining the confidentiality of the password, account and any credentials, and are responsible for all activities that occur using your account including any financial liability incurred.
9. PAYMENT AND PRICING TERMS
Payment and pricing terms for the Service are set forth on TestZoo’s pricing page.
10. CANCELLATION AND TERMINATION
You may subscribe to one or more usage plans for the services provided by the Site (a “Subscription”), which may or may not require payment in advance for usage of the Site or features therein.
You are solely responsible for properly canceling any Subscription or account through the TestZoo Site according to the conditions of any such subscription or account. IB Boost will not provide a refund in the event of any cancellation, except as may be agreed in the terms and conditions of any Subscription.
IB Boost, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Service, or any other IB Boost service, for any reason at any time. Such termination of the Service will result in the suspension or deletion of your account or your access to your account. IB Boost reserves the right to refuse service to anyone for any reason at any time.
11. MODIFICATION TO THE SERVICE
IB Boost reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.
Prices of all Services, including but not limited to monthly and/or annual subscription plan fees for the Service, are subject to change upon 30 days’ notice from IB Boost. Such notice may be provided at any time by posting the changes to the IB Boost Site or the Service itself. If you do not agree to such pricing change, you must cancel your account during the 30 day notice period. By continuing to use the Service after the effective date of such pricing change, you hereby agree to such pricing change.
IB Boost shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You agree to indemnify and hold IB Boost and its subsidiaries, affiliates, officers, agents, employees, partners and licensors, including, but not limited to its distributors, resellers and sales agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service (including but not limited to any destructive, malicious or unauthorised use of the Service against the assets, website or application of another party), any violation of the Terms, any violation of the rights or another, or by any User Content that you submit, post, transmit, modify or otherwise make available, through the Service.
You further shall indemnify and hold harmless IB Boost from and against any and all third party claims and all resulting liabilities arising out of: (i) any damage to any of IB Boost’s equipment, products, services, and/or software caused by you; or (ii) any statements or representations made by you, or its employees or agents, with respect to IB Boost’s equipment, products, services, and/or software if such statements or representations are not based upon IB Boost’s published documentation and marketing materials provided by IB Boost to you for use in connection with the equipment and/or software or were not other authorized by IB Boost.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IB BOOST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, INCLUDING BUT NOT LIMITED TO ITS DISTRIBUTORS, RESELLERS AND SALES AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IB BOOST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, INCLUDING BUT NOT LIMITED TO ITS DISTRIBUTORS, RESELLERS AND SALES AGENTS. MAKE NO WARRANTY THAT (i) THE SERVICES OR CONTENT OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR CONTENT OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR CONTENT OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IB BOOST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, INCLUDING BUT NOT LIMITED TO ITS DISTRIBUTORS, RESELLERS AND SALES AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IB BOOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT OR YOUR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL IB BOOST BE LIABLE TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED USE OF THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO PERFORMING A DENIAL OF SERVICE ATTACHED ON A THIRD PARTY’S WEBSITE (“UNAUTHORIZED USE”). YOU SHALL BE SOLELY RESPONSIBLE FOR ANY SUCH UNAUTHORIZED USE.
15. NO THIRD PARTY BENEFICIARIES
You agree that there shall be no third party beneficiaries to this agreement.
16. TRADEMARK INFORMATION
You agree that all of IB Boost’s trademarks, trade names, service marks and other logos and brand features, and product and service names (“Marks”), including TestZoo and all derivatives, are trademarks and the property of IB Boost. Without IB Boost’s prior written permission, you agree not to display or use in any manner the Marks.
Please report any violations of the Terms to the TestZoo Support email address or via the communication tools available on the Site.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or the Services exclusively in the jurisdiction of the Courts of England and Wales.