Effective Since May 17, 2017
The ToU constitutes a legally binding agreement between TestPilot and you, a visitor and user of the Website (hereinafter "you").
Each time you use the Website, you acknowledge that you have read and agreed to be bound by the ToU. If you do not agree to be bound by the ToU, you may not use the Website. TestPilot is entitled to amend the ToU at any time. Amendments enter into force upon posting on the Website and informing you.
To the extent you use the Website, the use is governed as follows.
1. The Website is an information-based website with an opportunity to send individual business orders. The Website is a platform facilitating a communication between you and TestPilot, providing information and assisting you to obtain services. The Website is intended for guiding and providing information.
The presentation of such information and the opportunity to order are not in any meaning an offer for services nor do they create any legal relationships between you and TestPilot. Such a formal relationship between you and TestPilot may only be formed in a written agreement executed with the physical or electronic signatures of you and the representative of TestPilot.
2. You may send individual business orders on the Website. In this case, you shall provide certain current, complete, and accurate information about yourself.
3. TestPilot may provide links to external websites or resources for your convenience and reference only.
5. All of the materials included on the Website, including but not limited to, trademarks, texts, graphics, logos, service marks, codes, scripts, and other objects of intellectual property (hereinafter the "Content"), are the property of TestPilot or other providers of services.
6. Estonian, EU and international intellectual property laws protect all the Content available on the Website. Your use of the Website does not transfer to you any ownership or other rights with respect to the Website or Content. You may download the Content displayed on the Website for your personal, non-commercial use only, provided that it also retains all copyright and other proprietary notices contained on the Content. You shall not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
7. You shall not:
- - use the Website for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of the others;
- - directly or indirectly interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on the Website;
- - use any robot, spider, other automatic device, or manual process to monitor or copy our webpages or the Content without TestPilot's prior expressed written permission;
- - conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate information, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Website;
- - use the Website for any use other than personal, non-commercial purposes unless specifically approved in writing by TestPilot, at its sole discretion;
- - access or use the Website in and from jurisdictions which restricts or prohibits same by your national, federal or state law.
8. TestPilot does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software. You shall not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You shall not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You shall not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under Estonian and other countries’ criminal laws. TestPilot will report any such breach to the relevant law enforcement authorities and TestPilot will co-operate with those authorities by disclosing your identity to them.
9. In case of breach any of the obligations set forth in previous 2 (two) clause, you will be restricted or terminated to use the Website. TestPilot may, at its sole discretion, change, suspend, terminate temporarily or permanently Website's service or any part of it any time, without any prior notice.
10. The Website may contain links to websites owned or operated by third parties. Such links are provided for reference only and TestPilot does not control such websites and is not responsible for their content. TestPilot reserves the right to terminate a link to a third party website at any time and the fact that TestPilot provides a link does not mean that it endorses, authorizes or sponsors that website.
11. Although TestPilot endeavors to ensure the Website is available at all times, there may be occasions when access to the Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that TestPilot shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
12. The Website is controlled and operated by TestPilot from Estonia. TestPilot does not make any representation that the facilities, services, including the Website service, and/or materials offered through the Website are appropriate or suitable for use in countries other than Estonia, or that they comply with any legal or regulatory requirements in any other countries. In accessing the Website, you do so at your own risk and on your own initiative, and you are responsible for compliance with national, federal or state laws, to the extent any national, federal or state laws are applicable. If it is prohibited to make the Website, facilities, services, including the Website's services, and/or materials offered through the Website or any part of them available in your country, or to you, whether by reason of nationality, residence or otherwise, the Website, the facilities, services and/or materials offered through the Website or any part of them are not directed at you.
13. The ToU shall be construed, interpreted, and governed by the laws of the Republic of Estonia, without regard to its conflict of laws rules. All proceedings relating to the subject matter hereof shall be brought in the courts of the Republic of Estonia, which courts shall have exclusive jurisdiction for such purposes.
14. All disputes arisen between TestPilot and you shall be subject to negotiation.
15. TestPilot may amend the ToU from time to time. If you continue to use the Website after the amended ToU become effective and upon being informed about such changes, you are deemed to have agreed to be bound by the amended ToU. If you do not agree to the amended terms, then you shall not use the Website.
16. TestPilot is not liable for any failure of performance under the ToU if such failure is due to causes beyond the reasonable control of TestPilot including, but not limited to, vandalism, inclement weather, third-party company outages, cable cuts, power crisis shortages, acts of terrorism, or earthquake, flood, fire or other natural physical disasters, or other similar occurrences; any law, order, regulation, direction, action or request of a government or state (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; or computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems, malicious code, denial of service attacks, and inability to obtain energy. Other actions or events, which are defined by the Estonian Chamber of Commerce and Industry (ECCI) as a force majeure shall be treated as a force majeure under this clause.
20. A printed version of the ToU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the ToU to the same extent.