TERMS AND CONDITIONS OF TESTREVOLUTION

These Regulations define the general conditions of using the Software, as well as taking other actions by the User as part of the functionalities made available to him by TestRevolution and the provision of services by TestRevolution to Users.

Anyone wishing to use the Software must first read and accept these Terms. If you do not agree to the provisions of these Terms and Conditions, you may not use or access the TestRevolution services. The Regulations and other terms of services are made available to everyone free of charge before the conclusion of the Agreement, and - on every request - in a way that allows a given person to obtain, reproduce and record the content of the Regulations using the ICT system he uses. Detailed rules for using the functionality are available in the dedicated tabs of the Website. Certain special functionalities provided by TestRevolution are subject to conditions that are additional and complementary to these Terms and Conditions.

DEFINITIONS

Demo: a free License authorizing the User to use the Software in a limited scope.

Account: a service provided electronically by TestRevolution; a part of the Website separated individually for the User, which enables the use of the Services.

License: a license to the Software granted by TestRevolution to the User and the terms of which are set out in these

Regulations.

Subscription period: the period of providing the Services, the length of which is determined by the Package selected by the User, for which the Fees are paid; The Subscription Period ends on the expiry of the day whose name or date corresponds to the first day of the Subscription Period, and if there is no such day in the following month - on the last day of the month; a single Subscription Period is the minimum duration of the User's obligation under the Agreement.

Package: a variant that determines the material scope of the Service and the scope of access to the Software, selected by the User on the basis of the options provided by TestRevolution.

Privacy Policy: a document regulating the security of privacy protection and the processing of Users' personal data; the Privacy Policy supplements these Regulations and is available at the LINK .

Technical break: related to the need to carry out maintenance or modernization works, break in the availability of the Software, preventing or hindering the use of the Services.

Regulations: these Regulations of the Website.

Extension: Part of the Software that can be installed on a web browser.

Website: the website at the URL testrevolution.io

Force Majeure: an event that could not have been foreseen with the due diligence required in a professional relationship, that is external to both TestRevolution and the User, and which they could not oppose by acting with due diligence; in particular, a hacker attack or the introduction of malicious software into the Software is considered a Force Majeure event.

TestRevolution / Service Provider: TestRevolution sp. Z oo with its seat in Tarnowskie Góry (42-600), ul. Gliwicka 35, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Gliwice, 10th Commercial Division of the National Court Register under the KRS number: 0000832174, NIP: 6452563868, REGON: 385150770, with a share capital of PLN 50,000.

Agreement: an agreement concluded between TestRevolution and the User, the subject of which is his use of the Software and other Services.

Services: paid (subject to Demo) services provided electronically by TestRevolution, consisting in providing the functionality of the Software, used in particular to carry out automatic tests.

User: a person with full legal capacity, using the Services on the terms set out in the Regulations for purposes related to the business or professional activity.

  1. INTRODUCTORY PROVISIONS

    1. The User may start using the Software only after reading and accepting the content of the Regulations and the Privacy Policy. It is considered that with the commencement of using the Software, the User has accepted the Regulations and the Privacy Policy without reservations.

    2. The Privacy Policy, available here [ direct link ], supplements the Regulations.

    3. TestRevolution does not publish on its website offers submitted in electronic form within the meaning of the Civil Code. In particular, the provisions on submitting an offer in electronic form do not apply.

    4. In order to use the functionality of the Website, the following minimum technical requirements must be met by the User: (a) a device with Internet access, (b) an active e-mail account (email); c) the current version of one of the following web browsers is installed: FireFox, Opera, Edge, Chrome, Safari.

    5. In order to use the functionality of the Software, the following minimum technical requirements must be met on the part of the User: (a) a device with Internet access, b) using the Software via the Chrome or Chromium web browser.

    6. The use of the Website is free of charge. On the other hand, the license granted for the Software may be free (Demo version of the Software) or paid (Packages).

    7. It is forbidden to provide illegal content as part of the Services, Website or Software in a manner inconsistent with the provisions of the Regulations, applicable law, good practices and the principles of social coexistence.

    8. The website and its components, including design and content, are protected by copyright and / or other intellectual property laws. These elements may not be reproduced, distributed or published by the User, in whole or in part, without the consent of TestRevolution. In particular, the Regulations do not allow the User to reproduce, distribute, rent, sell and any other way of direct and indirect redistribution, both paid and free, bypassing TestRevolution elements of the Website.

  1. USERS

    1. The license is granted to entrepreneurs, i.e. natural persons, legal persons and organizational units that are not legal persons, conducting business or professional activity on their own behalf.

    2. The software is not intended for consumers. This means that it should not be used for domestic, entertainment, or other non-business or professional purposes.

    3. The software is a computer program, the use of which requires appropriate knowledge and skills. At the time of commencement of using the Software in the paid version or in the Demo version, the User declares that he or his employees or associates have the appropriate knowledge and skills to properly use the Software.

    4. If the User acts on behalf of or for the benefit of a legal entity, e.g. a company, he declares that he is fully entitled to do so. TestRevolution may verify the User, but is not obliged to do so. The company or the abovementioned legal entity.

  1. ACCOUNT

    1. As part of the Website's functionality, the User may create an Account. For this purpose, he or she goes through the registration procedure as part of the Website's functionality.

    2. By creating an Account, a given person declares that he is acting on behalf of the User and is hereby duly authorized to act on behalf of and for that User.

    3. Upon confirmation by TestRevolution of the Account registration, an Agreement is concluded between the User and TestRevolution for an indefinite period, provided that the User's right and / or authorization to create an Account and conclude an Agreement is confirmed. If the User is not entitled or is not empowered to an appropriate extent, the Agreement is invalid.

    4. The User may not assign the rights and obligations under the Agreement without the consent of TestRevolution.

    5. The User may delete his Account at any time, without giving any reason, by submitting appropriate statements to the e-mail address info@testrevolution.io or by using the appropriate functionalities of the Website.

    6. If the User deletes the Account, he is not entitled to demand a refund of any fees paid to TestRevolution. By deleting the Account, the User waives further use of the Services paid under the Package.

    7. The User is responsible for all actions taken through the Account, unless there has been an unlawful hacking of the Account. The User may not share the Account with third parties and is responsible for keeping his login and password confidential.

    8. In the event that the User notices that there has been an unauthorized use of his Account, he is obliged to immediately inform TestRevolution about it.

  1. SOFTWARE

    1. The software is designed to carry out tests in the field of web applications and websites. TestRevolution reserves that in the event of the emergence of new programming techniques, not used at the time of creating the Software, it may not be possible to test websites and applications created with them.

    2. The use of the Software and the installation of the Extension are possible only via the Chrome or Chromium web browser.

    3. The software enables the User to perform the test by recording all activities undertaken as part of testing a given website or application, with particular emphasis on individual clicks and data entered using the keyboard, and playback of the recorded activities at the User's request.

    4. The software can be downloaded in the full version by purchasing one of the Packages available on the Website or in the Demo version provided by TestRevolution for free.

    5. If, during the term of the Agreement, TestRevolution changes, improves or updates the Software, its new version will be immediately implemented and made available to Users via the Services. The time to implement an upgrade or update of the Software will be appropriate to the degree of advancement and complexity of the technical changes being implemented and may require a Maintenance Break. Such a change does not constitute an amendment to the Agreement.

  1. DEMO

    1. The Demo version of the Software can be downloaded using the appropriate functionalities of the Website.

    2. All provisions of the Regulations shall apply to the Demo, respectively also regarding the conclusion of the Agreement and the effects of its termination or expiry, subject to the provisions regarding the fee and the Subscription Period. The Demo Version is intended only to verify the capabilities and operation of the Software by the User. The User is not entitled to use the Software in the Demo version to a greater extent, and in particular is not entitled to use it in the course of business or professional activity.

    3. TestRevolution stipulates that the Demo version of the Software may have a limited scope of functionality compared to the paid version of the Software.

  1. PACKAGES AND TERMS OF PROVIDING SERVICES

    1. As part of the Website's functionality, the User may purchase a Package that entitles him to use the full version of the Software.

    2. Packages differ in terms of their validity, scope of functionality and have different limits related to, among others. with the number of people who can use the Software, the number of projects that can be implemented under the Package and the number of tests that can be run.

    3. All information regarding Packages is published on the Website. The User should verify the information in question and purchase a Package that is appropriate to his needs and the nature of his business.

    4. By ordering the Package, the person concerned declares that he or she is acting on behalf of the User and is hereby properly authorized to act on behalf and for the benefit of the User.

    5. Upon receipt of the confirmation of payment for the Package by TestRevolution, the Agreement is amended between the User and TestRevolution. Such an agreement is concluded for a definite period corresponding to the Subscription Period.

    6. TestRevolution is entitled to refuse to conclude an Agreement in the following cases:

      1. indicated in the form are incorrect;

      2. the provisions of the Regulations or the law were violated while selecting the Package or making the payment.

    7. Immediately after concluding a paid Agreement, the User shall be able to use the functionality of the Software resulting from the given Package.

    8. On the day of the end of the Subscription Period, the Agreement shall be automatically extended for the next period corresponding to the completed Subscription Period, unless it is terminated earlier. The rule set out in the preceding sentence applies in the event of the expiry of subsequent, extended periods of the Agreement.

    9. The User may terminate the Agreement at any time, with immediate effect in the case of Free Agreements, or with effect at the end of the Subscription Period applicable at the time of giving notice in the case of Paid Agreements. The termination should be submitted through the appropriate functionalities of the Website. The termination is effective upon receipt by TestRevolution of such a declaration of will.

    10. The User is entitled to purchase a Package also during the duration of another Package. In this case, the newly purchased Package replaces the previous one, and the User is not entitled to a refund of any fees paid to TestRevolution.

  1. LICENSE

    1. At the time of downloading the Demo version of the Software or paying for the Package, TestRevolution grants the User a License to use the Software.

    2. The license referred to in paragraph 1. 7.1. above is a license: i) non-exclusive; ii) territorially unlimited; iii) provided for the time specified in the Package purchased by the User.

    3. In the case of the Demo version of the Software, the License is a free license and is granted only to verify the operation of the Software by the User and does not apply to any commercial activities undertaken by the User.

    4. In the case of the full version of the Software, the License is a paid license (the license costs result from the Package selected by the User) and is granted for the purpose of conducting programming tests as part of the User's business or professional activity, to the extent resulting from the Package purchased by the User.

    5. The user is not entitled to grant sub-licenses (further licenses) to any third parties.

    6. The software is protected by intellectual property rights, with particular emphasis on copyrights belonging to TestRevolution. TestRevolution reserves all rights to the Software, in particular Extensions, not expressly granted to the User under the Agreement. In particular, the Agreement does not allow the User to: otherwise in the Software, (c) use and development of TestRevolution's intellectual property to build your own products and services, (d) use of TestRevolution's intellectual property for any unlawful purpose or to the detriment of TestRevolution. Any behavior that meets the above-mentioned conditions will be considered a breach of the terms of the Agreement.

  1. PAYMENT

    1. Payment for the Software is carried out through the functionalities and services provided by the payment operator or in any other way provided for each time on the Website.

    2. Payment is possible through functionalities provided by third parties, with particular emphasis on the payment operator Stripe.

    3. The User is obliged to make the payment immediately after selecting the Package and ordering it.

    4. Temporary lack of availability of functionalities and services referred to in paragraph 8.1. above does not release the User from the obligation to make the payment after their availability is restored.

    5. In order to make a payment for the Package, the User selects the payment method available through the Website's functionality or through services provided by third parties and acts in accordance with the displayed messages. TestRevolution is not responsible for any damage to the User resulting from the use of functionalities or services of the payment operator and other third parties.

    6. Prices for Packages provided by TestRevolution are net prices.

    7. The fees are non-refundable.

    8. TestRevolution is entitled to change the conditions specified in the price list for Packages, which does not constitute a change to the Agreement in the Subscription Period in which the price list was changed. If the Agreement is not terminated due to the end of the Subscription Period, the new Price List shall apply to the User at the beginning of the next Subscription Period.

    9. By accepting the Regulations, the User consents to the delivery of electronic invoices to the e-mail address provided during registration on the Website and via the Website's functionality.

    10. If the User does not pay the fee, TestRevolution, after the expiry of the payment deadline, set out in the reminder about the fee sent to the User's e-mail address, is entitled to block the Software with the possibility of reactivating it in the event of payment. If the User fails to pay the amount due within the time limit indicated by TestRevolution again, TestRevolution is entitled to terminate the Agreement with immediate effect.

    11. If the Agreement is not performed by TestRevolution for reasons attributable to it or the fee has been unduly charged, the User may be reimbursed the fee in whole or in part, in the same way it was charged.

  1. RESPONSIBILITY

    1. TestRevolution is not responsible for the use of the Software and its functionality by the User in a manner inconsistent with the provisions of the Regulations, law, good manners and other generally applicable rules.

    2. TestRevolution is not responsible for actions taken by Users as part of using the Software. In particular, TestRevolution shall not be liable for any damage arising in the environment tested by the User in connection with the use of the Software by the User, unless such damage was caused by the willful fault of TestRevolution.

    3. If the User violates any rights of third parties through the functionality of the Software, the User undertakes to indemnify TestRevolution from all liability towards third parties, and if necessary, pay any damages, penalties or other sums awarded to TestRevolution related to the violation made by the User.

    4. TestRevolution, to the extent permitted by law, shall not be liable for any damages to Users arising in connection with the use of the Software, unless they arise in connection with the intentional actions of TestRevolution. At the same time, the liability of TestRevolution is limited to the damage actually suffered by the User and does not cover the benefits lost by the User.

    5. TestRevolution does not guarantee that the Software will be fully compatible with other programs or applications installed in a given environment and is not responsible for any errors or damages resulting from such incompatibility. In particular, TestRevolution is not responsible for the ability to install the Extension on a given browser and for the consequences of such installation.

    6. TestRevolution provides the ICT infrastructure and ensures its efficient technical functioning and in this respect is responsible for the System and Services.

    7. TestRevolution shall not be liable for damages resulting from the operation of malicious / malicious software (malware) unlawfully introduced into the Software by the User or third parties, as well as for damages resulting from a short-term obstruction or difficulty in accessing the Software, caused by a Technical Break.

    8. Within the scope of Agreements concluded between TestRevolution and the User, TestRevolution is liable only in the event of deliberate damage and within the limits of the losses actually incurred by the User. In particular, TestRevolution makes no commercial guarantees in relation to the provision and use of the Services.

    9. TestRevolution's liability is limited to three times the monthly fee for the highest Package.

    10. The User undertakes to cover any damage resulting from the User's action or omission contrary to the law or the Regulations. In this, the User is obliged to reimburse all costs incurred by TestRevolution related to its claiming compensation.

    11. The User is fully responsible for the entities to which he has granted access to the Account.

  1. TERMINATION OF THE CONTRACT

    1. TestRevolution is entitled to terminate the Agreement with immediate effect (without notice) in the following cases: i) the User uses the Software in a manner inconsistent with the License granted; ii) The User takes any actions indicated in paragraph 7.6. Of the Regulations.

  1. PERSONAL DATA

    1. TestRevolution informs that all actions taken with the use of the Software are stored on the servers that store the data. Bearing in mind the above, it is advised not to enter any personal data during the tests, as they will be archived. TestRevolution will process any personal data entered only to ensure the proper and effective operation of the Software in the User's environment and to monitor and verify the operation of the Software. More information on how TestRevolution processes data can be found in the Privacy Policy.

    2. The User declares that he is the administrator of personal data within the meaning of the Regulation of the European Parliament and the EU Council of 27 April 2018 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (" GDPR ") in relation to personal data entered by him as part of using the Software.

    3. TestRevolution guarantees that (taking into account the state of technical knowledge, the cost of implementation and the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons with different probabilities and severity) it has implemented appropriate technical and organizational measures to ensure the level of security of personal data processing corresponding to the relevant risk. TestRevolution also ensures compliance with Art. 28 sec. 2 and paragraph 4 GDPR.

    4. Upon commencement of use of the Software, the User entrusts TestRevolution with the processing of personal data entered voluntarily by the User or persons authorized by him when using the Software.

    5. TestRevolution will process the personal data entrusted to it only to ensure the proper operation of the Software, ensure its availability and eliminate any errors or defects that may arise.

    6. TestRevolution processes the personal data entrusted to it for processing only on the documented User's request. The acceptance of the Regulations is deemed to be tantamount to issuing such an instruction by the User.

    7. TestRevolution ensures that access to data processed by TestRevolution on behalf of the User will be granted only to persons authorized by TestRevolution as referred to in the provisions on the protection of personal data and who have been trained in the methods of securing the processed data according to new standards. TestRevolution also ensures that persons authorized to process personal data undertake to maintain the secrecy of personal data and methods of securing it or that they are subject to an appropriate statutory obligation of secrecy, and that these persons undertake to comply with the provisions of the GDPR and national regulations issued on the basis of no.

    8. TestRevolution provides the User immediately with all information necessary to demonstrate compliance with the obligations set out in generally applicable law on the protection of personal data. TestRevolution enables and contributes to the User as a data controller or professional auditor authorized by the User to conduct audits, including inspections.

    9. Taking into account the nature of the processing, TestRevolution helps the administrators, through appropriate technical and organizational measures, to fulfill the obligation to respond to the requests of the data subject in the scope of exercising their rights set out in the GDPR. Taking into account the nature of the processing and the information available to the Service Provider, the Service Provider also helps administrators to fulfill the obligations set out in art. 32-36 GDPR.

    10. TestRevolution undertakes to report to the User any violations related to data processing. In particular, the Service Provider undertakes to immediately, but no longer than within 36 hours from the moment of receiving the information, inform the User about any events that may result in the User's liability as an administrator, on the basis of generally applicable provisions related to the protection of personal data.

    11. The Service Provider may entrust the processing of personal data entrusted by the User to other entities in order to implement the functionality of the Software and as part of internal User service processes, i.e. Google LLC, Microsoft Corporation, DigitalOcean LLC, Amazon Web Services EMEA SARL.

    12. TestRevolution will inform the User of any intended changes to the addition or replacement of other processors at least 7 (seven) business days prior to the planned commencement of processing by another processor, thus enabling the User to object to TestRevolution's use of another processor. In the absence of such objection, the User is deemed to have consented to the change.

    13. TestRevolution undertakes to ensure that the provisions of the contract concluded with the entity entrusted by TestRevolution with the processing of entrusted personal data reflect the provisions on data protection agreed between TestRevolution and the User in the Regulations and the GDPR recommendations in this regard.

    14. TestRevolution declares that it will further entrust the processing of personal data only to entities that ensure compliance with the provisions of the GDPR and ensure adequate protection of the data entrusted to them.

    15. After the end of the provision of services to the User related to processing, TestRevolution deletes all personal data and their existing copies, unless Union law or the law of a Member State requires TestRevolution to store personal data.

  1. TECHNICAL EFFICIENCY OF SERVICES AND COMPLAINTS

    1. TestRevolution makes every effort to ensure the proper functioning of the Software and is committed to ensuring the continuity of the Services, subject to the provisions below.

    2. The above-mentioned obligation does not include events and their consequences related to: improper functioning of websites external to the Software, beyond TestRevolution's control; problems caused by data loss for reasons attributable to the User; unauthorized interference by the User or third parties in the System; the action of a Force Majeure; Technical breaks.

    3. The User is entitled to file a complaint regarding the operation of the Software.

    4. The user submits a complaint by: i) sending a letter to TestRevolution, ii) sending an e-mail to [info@testrevolution.io].

    5. The complaint will be considered by TestRevolution within 14 days of its submission. The user is informed about the method of considering the complaint by letter or by e-mail.

  1. CONTACT

    1. In order to contact TestRevolution quickly, the User may send an e-mail to info@testrevolution.io.

  2. CHANGE OF THE REGULATIONS

    1. TestRevolution may amend these Terms and Conditions for important legal or technical reasons, as well as when TestRevolution's business and business objectives change. The reason for changing the Regulations is each time indicated in the manner indicated below.

    2. Users will be informed about the amendment to the Regulations in an e-mail sent 7 days before the entry into force of the Regulations in the new wording. If the User, in the above-mentioned does not terminate the Agreement by submitting an appropriate statement in the form of a document, it is considered that he has accepted the Regulations in the amended version without reservations.

    3. The new version of the Regulations will only apply to Packages purchased after the entry into force of this version.

  1. FINAL PROVISIONS

    1. The law applicable to the obligations arising from the Regulations is Polish law. Disputes arising between TestRevolution and the User shall be submitted to the court having jurisdiction over the seat of TestRevolution.

The Regulations come into force on 01/04/2020

© 2020 by TestRevolution Sp. z o. o

  ul. Gliwicka 35, 42-600 Tarnowskie Góry, info@testrevolution.io

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