Last Revised: August 13, 2023
TestDynamics Holdings Inc. (“TestDynamics”, “Company”, “we”, “our” or ”us”) welcomes you (the “User(s)”) to our Website (“Site”) at https://testdynamics.net/, which provides information regarding our Company and our technology solutions, products and services. The Site’s Users may use the Site in accordance with the terms and conditions hereunder.
By entering, connecting to, accessing or using the Site on your device, you acknowledge that you have read and understood the following Terms of Use, including the terms of our Privacy Notice available on our Site (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of our Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you.
IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT POSSESS THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE OUR SITE IN ANY MANNER.
The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your behalf and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder.
The Site provides information regarding our technology solutions, products and services and includes an overview of and news regarding the Company and our services, our offered Jobs/Careers, and may allow Users to request a demo of our products and services. Our Site includes certain content, such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”). You are fully aware that the Content may be updated by us from time to time, at our sole discretion.
If you would like to receive more information about our products and services or if you have any questions, please contact us by emailing us at the email address at hello@testdynamics.net.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO TESTDYNAMICS HOLDINGS INC OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. TESTDYNAMICS HOLDINGS INC WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third-party Internet and data usage service provider as may be from time to time.
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your use of the Site and may also expose you to civil and/or criminal liability.
You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms: (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes without the Company’s express prior written consent; (c) remove or disassociate, from the Site and/or the Content any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®) and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application or use other manual or automatic device, process or method to access the Site and/or Content and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by TestDynamics on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content and/or information appearing on the Site; (j) copy, distribute, display, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including the Company’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content and/or information appearing on the Site on any other site or networked computer environment for any purpose without TestDynamics’ prior written consent; (l) create a browser or border environment around the Content and/or information appearing on the Site (no frames on inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content; (n) frame or mirror any part of the Site without TestDynamics’ prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, spyware, or any other similar computer code, that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.
We respect your privacy and are committed to protecting the information you share with us. You have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in detail in our Privacy Notice on our Site which is incorporated herein by reference. You agree that the Company may use and process personal information that you provide or make available to the Company in accordance with the Privacy Notice. If you intend to access or use the Site, you must first read and agree to the Privacy Notice.
The Site, the Content included therein, Company’s proprietary assets and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Company’s Intellectual Property under any law.
Use of any Company’s registered or unregistered trademarks, service marks or logos and of all other third party trademarks, service marks, trade names and logos which may appear on the Site is strictly prohibited and may be a violation of applicable trademark laws.
Subject to the terms hereof, the Company hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to use the Site (including the Content) in accordance with the terms included in these Terms.
To the extent you provide any feedback, comments or suggestions to the Company regarding the Site, whether within the Site or otherwise (collectively, the “Feedback”), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Site, any Company’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.
Company’s marks and logos and all other proprietary identifiers used by the Company in connection with the Site (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to Company’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website and/or products by us, and does not portray us in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to our Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
We may provide certain links, which may permit our Users to leave this Site and enter non-Company sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the Company’s control and the Company is not responsible for the availability of such external sites or services and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or services. In addition, the Company is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. We reserve the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any site, content, products or other materials available on or through such linked sites or resources. Most of such linked sites and services provide legal documents, including terms of use and privacy notice, governing the use thereof. It is always advisable, and we encourage you, to read such documents carefully before using those sites and services in order to know what kind of information about you is being collected.
You are well aware that we may apply changes to the links and/or apply additions and/or change functionalities in connection with the links, all at our sole discretion and without our having to notify you of this. It is your responsibility to periodically check the TestDynamics links and as it applies exclusively to you, and TestDynamics has no responsibility in this regard.
The Site may use or include third party software, files and components that are subject to open source and third-party license terms (“Third-Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Site is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third-Party Components accompanying or contained in the Site and the Company disclaims all liability related thereto. You acknowledge that the Company is not the author, owner or licensor of any Third-Party Components, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third-Party Components. Under no circumstances shall the Site or any portion thereof (except for the Third-Party Components contained therein) be deemed to be “open source” or “publicly available” software.
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that the Company is not responsible or liable for any errors or malfunctions that may occur in connection with the performance of such changes.
The Site’s availability and functionality depends on various factors, such as communication networks. We do not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
THE PARAGRAPHS BELOW ARE IN ADDITION TO ANY WARRANTY DISCLAIMERS CONTAINED IN THESE TERMS.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE COMPANY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “COMPANY REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
COMPANY AND COMPANY’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE. WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) THE SITE WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND COMPANY AND COMPANY’S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS.
COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. YOU AGREE THAT USE OF THE SITE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY, INCLUDING COMPANY’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT AND/OR ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF COMPANY OR COMPANY’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY; ALL REGARDLESS OF WHETHER THE COMPANY (OR COMPANY’S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, COMPANY AND COMPANY’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE SITE. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM THE COMPANY AND FROM COMPANY’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to indemnify, defend and hold the Company and Company’s Representatives harmless from any loss, claim, damage, liability, obligation, claim, debts, expenses or demand, including reasonable attorneys’ fees, due to or arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
We reserve the right to change these Terms at any time and will post these changes on our Site and will become effective immediately. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Site and after any change to these Terms and our telling you will constitute your acceptance of such change. If you do not agree with the changes to these Terms, you can choose to discontinue the use of our Site.
At any time, the Company may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law. Additionally, the Company may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily, or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice.
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license.
You agree and acknowledge that the Company does not assume any responsibility or liability with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers and No Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) these Terms shall be governed by, and will be construed under the law of the [Delaware], and you irrevocably agree to the exclusive jurisdiction of the competent courts of [Delaware] to settle any dispute which may arise out of, under, or in connection with these Terms. YOU AGREE TO WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON-CONVENIENCE AND AGREE THAT PROCESS MAY BE SERVED IN A MANNER AUTHORIZED BY APPLICABLE LAW OR COURT RULE. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT NO CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF OUR SITE MAY BE BROUGHT AS A CLASS ACTION, (c) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (d) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (e) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (f) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (g) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (h) no amendment hereof will be binding unless in writing and signed by the Company, and (i) the parties agree that all correspondence relating to these Terms shall be written in the English language.
Any legal controversy or claim arising from or relating to these terms and/or our Site, excluding legal action taken by us to collect or recover damages for–or obtain any injunction relating to–website operations, intellectual property, and our Products, will be settled solely by binding arbitration following the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the State of Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Delaware necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
These Terms will be treated as if it were executed and performed in the State of Delaware, and will be governed by and construed following the laws of the State of Delaware without regard to conflict of law provisions. Also, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you about our Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
If you have any questions or comments concerning the Terms or if you need any support regarding our Site, you are most welcome to send us an email at hello@testdynamics.net and we will reply within a reasonable timeframe.