WEBSITE TERMS OF USE

All use of this web site at testlauncher.com is subject to the following terms and conditions as well as the terms set out in the Privacy Policy on a separate page. This includes the use of all content, features, products, tools or services or made available through this web site.

Your use of this web site constitutes your agreement to be bound by these terms, as amended from time to time. If you do not agree with these terms and conditions, please discontinue all use of this web site.

WHAT CAN YOU DO?

Testlauncher.com is an Internet platform where businesses engaged in the development of software and web sites can access a community of testers located throughout the World to test projects under development, in production and receive confidential feedback in a timely, professional and efficient manner.

ACCOUNTS

To access most features of this web site, you must open an account and register to participate in a service. Testlauncher Inc. offers two types of accounts:

1. DEVELOPERS: Businesses can open a confidential account and subscribe to one of the available plans to test their products. Each testing service ordered by a Developer shall be treated as an individual project and assigned a unique project number.

2. TESTERS: Individuals can open a confidential account and register their availability to provide testing services on behalf of Testlauncher Inc.

In addition to the terms set out herein, each service made available via this web site and to which you subscribe or in which you elect to participate may be subject to additional terms and conditions set out in a separate agreement between you and Testlauncher Inc.

If you are an individual, you must be at least eighteen years of age to participate in or subscribe to any of the services.

If you are using this web site on behalf of an entity, organization or company, you warrant that you have the authority to bind such organization to these terms (and any additional terms that may apply to any service to which you subscribe or in which you register to participate) and you agree to be bound by these terms on behalf of such organization.

You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify Testlauncher Inc. by sending an email to legal@testlauncher.com with the word “URGENT” in the subject line.

PAYMENTS

Generally

Access to certain features of this web site may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in Canadian or US Dollars and are non-refundable.

Testlauncher may change the fees for any features made available via this web site by providing 30 days advance notice of such changes by posting those changes to these terms of use, the homepage, and other places we deem appropriate so our users are always aware of our pricing. If you do not expressly accept such changes, Testlauncher has the right to discontinue your access to those features.

Testlauncher will use the payment method you specify at the time of purchase. You authorize Testlauncher charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, Testlauncher may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Subscriptions

Testlauncher may, now or in the future, charge a monthly subscription fee for the use or access to certain features of this web site. The monthly subscription fee may vary depending on the term for which you subscribe to the feature or the combination of features to which you subscribe.

You agree to pay to Testlauncher all fees for subscriptions purchased by you or on your behalf for the agreed term, whether purchased on or through this web site or through a written agreement between you and Testlauncher, including in each case any applicable taxes (“Subscription Fees”). Unless otherwise agreed in writing, Subscription Fees will be billed upon the initiation (or modification) of your subscription, and thereafter at the beginning of each month until your subscription is terminated or expires. All Subscription Fees are nonrefundable.

Each of your subscriptions, if any, will automatically renew for successive terms equal in length to the initial term of your subscription, unless Testlauncher terminates your subscription or you cancel your subscription. You must cancel a subscription in writing prior to renewal to avoid incurring Subscription Fees for the renewal term.

For any change in the monthly Subscription Fees, Testlauncher will send you notice of such change at least 30 days prior to end of the agreed term or any renewal thereof.

INTELLECTUAL PROPERTY

User Content

Certain features of this web site may permit users to post content, including messages, reviews, photos, video images, data and other works for publication to other account holders and/or the general public (the “User Content”). Not withstanding the foregoing, User Content excludes any content posted by an account holder that relates to testing services delivered by or on behalf of Testauncher for any project submitted by a Developer.

All User Content shall be and remain the sole property of the user. Users warrant that the User Content published by themselves via this web site is their own original work or that they have legal authority to use, publicly disclose and reproduce such work.

Users hereby grant Testlauncher Inc. a non-exclusive, limited, royalty-free, worldwide and perpetual license to use, publicly display, reproduce and distribute all User Content via its web site attestlauncher.com. This license does not grant Testlauncher Inc. the right to reproduce or otherwise distribute such material in any other media.

Testlauncher Inc. reserves the right to remove any User Content at any time, including material which in its sole judgment violates any of these terms and conditions, threatens the privacy or security of any person or entity or is otherwise considered inappropriate for any reason.

Testlauncher Content

Unless otherwise specified above, the copyright in this web site and all materials contained in it are owned or licensed by Testlauncher Inc., including the layout and graphics that appear on all user interfaces. The content of this web site as a whole, or in part, may not be reproduced without the express prior written consent of Testlauncher Inc. To obtain such consent, please contact our marketing department at legal@testlauncher.com.

TESTLAUNCHER™ is a trade-mark of Testlauncher Inc. All other brand names, product names and trade-marks are the property of their respective owners.

LINKING TO WWW.TESTLAUNCHER.COM

Testlauncher Inc. acknowledges and appreciates links to the testlauncher.com web site. Links should go directly to the homepage at testlauncher.com. Linking directly to other pages within the site or framing content on the site is prohibited without prior written consent.

LINKS TO THIRD PARTY SITES

The testlauncher.com web site includes hyperlinks to third party sites. These links are provided for convenience only, and do not mean that Testlauncher Inc. endorses or recommends the material contained in linked web sites, or guarantees its accuracy, timeliness or fitness for a particular purpose. Testlauncher Inc. takes no responsibility for the content or practices of third party sites.

CONFIDENTIALITY OF COMMUNICATIONS

Testlauncher Inc. does not guarantee the confidentiality of any communications sent to it by e-mail. Instead, we encourage you to use the secure online messaging system available on this web site. For more information on communication options, please refer to the Privacy Policy.

TERRITORY

This web site can be accessed from Canada and other countries around the world. However, we operate this web site from our offices in Canada and we make no representation that the services made available via this web site will be available or lawful in other jurisdictions. If any of the terms herein are held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts shall remain in force.

PROHIBITED CONDUCT & TERMINATION

All users agree that they will not:

  • knowingly use this web site for any illegal purpose or in violation of any local, provincial, national, or international law;
  • violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
  • post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  • interfere with security-related features of this web site, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of this web site or any part thereof except to the extent that such activity is expressly permitted by applicable law;
  • interfere with the operation of this web site or any other users’ enjoyment of this web site, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to operate this web site;
  • perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the accounts of others without permission, or falsifying your age or date of birth;
  • sell or otherwise transfer the access granted exclusively to you as an account holder; or
  • attempt to do any of the foregoing activities, or assist or permit any persons in engaging in any of the foregoing activities.

Testlauncher Inc. reserves the right to limit the storage capacity of any account and the right to suspend or close the accounts of any party who violates the terms governing their relationship with Testlauncher Inc. or is subject to an ongoing investigation for an alleged violation of same.

INDEMNITY

You agree that you will be responsible for your use of this web site, and you agree to defend, indemnify, and hold harmless Testlauncher and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of this web site; (ii) your violation of these terms governing your relationship with Testlauncher Inc. or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

DISCLAIMERS OF LIABILITY

Although Testlauncher Inc. has made reasonable efforts to ensure that this web site is safe and free from errors, it does not warrant or guarantee: (a) that the site will be available without interruption, error or omission; (b) that defects will be corrected; or (c) that this web site and the server(s) that make it available are free from viruses or harmful components. This web site and the materials provided on this web site are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.

Under no circumstances whatsoever is Testlauncher Inc. liable to any account holder or any other person or entity for any indirect, incidental, special, consequential, punitive damages or lost profits arising from the posting or use of any material provided on this web site or the loss of any data or material stored via this web site including, without limitation, claims based on copyright, trade secrets, defamation or invasion of privacy, whether or not Testlauncher Inc. had been informed of the possibility of such damage.

You further agree that the aggregate liability of Testalauncher Inc. to you for any and all claims arising out of or relating to your use of this web site (whether in contract, tort or otherwise) is limited to the greater of: (i) the sums you paid to Testlauncher Inc. for access to and use of any and all services made available via this web site in the 12 months prior to the claim or (ii) $1000 CDN.

MODIFCATION OR TERMINATION OF SERVICES

We also reserve the right to modify or discontinue this web site, or any feature previously made available via this web site, at any time without notice.

Upon termination or expiration of the relationship between Testlauncher Inc. and any account holder for any reason, the terms set out herein that by their nature should survive will survive such termination.

Testlauncher Inc. shall have no liability whatsoever on account of any change, suspension or termination of any account or this web site or of any feature previously made available via this web site.

DISPUTES

These terms and conditions and the resolution of any dispute related to this web site shall be governed by and construed under, the laws of the Province of Ontario and the laws of Canada applicable therein. Any legal action or proceeding between Testlauncher Inc. and any user or account holder related to this web site shall be brought exclusively in a court of competent jurisdiction located in the province of Ontario, Canada.

NOTIFICATION OF CHANGES

These terms may be changed by Testauncher Inc. at any time. If we decide to change these terms of use, we will post the changes to this page and highlight the changes on our the homepage and other places we deem appropriate for at least 30 days after introduction to ensure that our account holders and other regular users are always aware of the terms under which they may use this web site.

If the changed terms materially modify your rights and obligations, we may require your express consent. If you do not accept such changed terms, we may terminate your account(s) and your participation in or subscription to any service made available via this web site.

COMMUNICATIONS

The services made available via this web site are offered by Testlauncher Inc., located at:

762 Upper James St., Suite 289
Hamilton, ON L9K 3A2

You may contact us by sending correspondence to the foregoing address or by emailing us at legal@testlauncher.com.

You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including such communications be in writing.

FEEDBACK

We welcome your feedback, if you have questions or comments about the Testlauncher Inc. web site, these terms of use or the privacy policy please contact us at feedbacklegal@testlauncher.com.