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Regression testing platform with automated quality control powered by AI
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Regression testing platform with automatic quality control using AI
Terms of Use of Testory
Beyond ML Inc., 10 State street, Newburyport, MA 01950, United States, File number: 6918840, (hereinafter referred to as the Company) offers the user (hereinafter referred to as the User) to explore and validate uploaded test scenarios for User’s product (hereinafter referred to as the Service) on the terms and conditions set out herein (hereinafter referred to as the Terms).
1. Acceptance of Terms
1.1. By starting to use the Service, User expresses their full and unconditional acceptance of all the requirements set out in the Terms. The use of the Service is governed by these Terms, which constitute a legally binding agreement (hereinafter referred to as the Agreement) between User and Company.

1.2. Using the Service on conditions other than those provided herein shall not be allowed unless authorized in writing by Company. If User does not agree to any of the conclusion of the Terms, they shall immediately cease using the Service.
Company reserves the right, at its sole and absolute discretion, to change or modify provisions of these Terms at any time. Any such changes will become effective since the publication of the new version at: https://testory.qa/terms-of-use-of-testory. It is User’s responsibility to periodically review these Terms to stay informed of updates. User will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by User’s continued use of the Service after the date such revised Terms are published.

1.3. If the Company makes any changes to these Terms as prescribed by Clause 1.2 hereof to which the User does not agree, the User shall stop using the Service.

1.4. User represents and warrants that they have the full legal capacity necessary to the use of the Service according to the Terms; and acknowledge that they have read the Terms, understand, and agree to be bound by their conditions.
By registering to use, logging into, accessing, or using the Service, or otherwise indicating User’s acceptance to these Terms whenever the option is presented to User: (a) User is acknowledging that they have read and understand the most current version of the Terms; (b) User is representing that they are of legal age to enter into a binding agreement with Company; (c) User is accepting the Terms and agreeing that they are legally bound by the Terms; (d) User is agreeing that the Terms will be deemed to satisfy any requirement under applicable law that an agreement between User and Company be in writing; and (e) User is agreeing that their actions in registering for or logging into the Service or otherwise indicating User’s agreement to the Terms will be deemed to be User’s valid authenticated signature for purposes of any applicable law requiring that the Terms between User and Company be signed by User in writing.

1.5. If User is entering into the Terms on behalf of a company or other legal entity, User represents that they have the authority to bind that person or entity to the Terms, and references to “User” in the Terms will also be read to refer to that person or entity.
2. License and Restrictions
2.1. Subject to all terms and conditions of the Terms, including without limitation any registration requirements, the payment of all charges and fees, if applicable, and User agreement to and compliance with any additional terms applicable to the Service, the Company grants the User a limited non-exclusive, nontransferable, non-assignable, non-sublicensable, revocable license, only when User is in compliance with all terms and conditions of the Terms, and the Terms have not been terminated, to access and use available features of the Service, including submission of any content via the Service, in accordance with all terms and conditions of these Terms.

2.2. User may access the Service only for lawful purposes. All rights, title, and interest in and to the Service and its components, content and all related intellectual property rights shall remain with and belong exclusively to Company. User shall maintain the copyright notice and any other notices that appear in the Service, on any copies and any media. User agrees not to make any other use of the Service that is not specifically permitted in the Terms without Company’s prior express consent in writing. Without limiting any other term of the Terms, User agrees that they will not:
(i) engage in any act not expressly permitted by the Terms, or access or use the Service in violation of the Terms or in violation of any applicable laws, rules or regulations;
(ii) license, sublicense, sell, resell, provide, lease, lend, use for timesharing purposes, transfer, assign, distribute or otherwise commercially exploit or make available the Service or User’s right to access or use the Service to any third party in any way (unless Company has given User express permission in writing to do so);
(iii) copy, modify, adapt, publicly display or publicly perform or create derivative works of the Service or any portion thereof (including any content), or decompile, decipher, reverse assemble, or otherwise reverse engineer or attempt to hack or otherwise discover any source code or underlying ideas or algorithms of the Service or any portion thereof, except to the extent as may be expressly permitted by law and authorized hereunder;
(iv) copy the Service or any part, feature, function or user interface thereof, access the Service in order to build a competitive product or service;
(v) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service;
(vi) attempt to gain unauthorized access to, or otherwise impair the integrity, use or security of, the Service or any information accessible thereby (including information of third parties) or any systems or data of Company or a third party;
(vii) interfere with or disrupt the integrity or performance of the Service or its components, or create an undue burden on the Service or the networks or services connected to the Service;
(viii) upload or transmit (or attempt to upload or to transmit) viruses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service;
(ix) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights;
(x) circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein;
(xi) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
3. Provision of the Service. Limitations of Use.
3.1. The Service enables the User to upload a scenario for testing to check User’s product (including websites, desktop apps, mobile apps, voice assistants) for possible faults or errors during development of User’s product and/or after a new release, bug fix, or other changes made to the User’s product. The Service cannot be used for hardware testing.

3.2. To launch the testing functionality the User is allowed to submit the scenario:
3.2.1. via the feedback form available on the Service website at: https://testory.qa/ in a format of xml, csv, yml or other accessible form;
3.2.2. by giving access to the User’s product test environment via API (if applicable);
3.2.3. via User’s account (if applicable).
The range of available ways of submitting test scenarios may alter at the Company’s discretion. The Company does not guarantee availability of any means of uploading test scenarios.
Testcase submitted to the Service shall meet certain criteria set forth by the Company and available at: https://testory.qa/terms-of-use-of-testory. The Company is at liberty to change the criteria without any notice. The submitted testcase to the Service shall meet the requirements stated by the Company at the time of submitting User’s testcase.

3.3. The Service enables the User to obtain a report with a completed test scenario and highlights of possible faults or errors marked during the testing. The report may include text, images, video content.

3.4. The User is responsible for their account and for their confidential data. The User should refer to the login and password as confidential information and not disclose them to third parties. All actions performed from the User’s Account are considered to have been performed by the User. The User may not use the Service for the purpose of carrying out any activity that is aimed at violating the applicable law, the Terms and/or rights and legitimate interest of any third party.

3.5. The User agrees that the Company, at its sole and absolute discretion, has the right to refuse access to the Service completely or partially to its functionality (if applicable), in case of User’s inconsistency with these Terms, including, as a result of obtaining complaints from third parties or notifications from any public authority that the actions of the User may violate the applicable laws.

3.6. The User agrees and understands that since providing Service by the Company requires obtaining access to the User’s product via API, link or otherwise, the User hereby grants the Company a non-exclusive, sublicensable, non-assignable, royalty-free, and worldwide license to access, display, reproduce and use the User’s product solely for the purpose of providing the Service to the User.

3.7. These Terms shall remain in full force and effect while using the Service. Without limiting any other provision of these Terms, the Company reserves the right to, at its sole and absolute discretion and without notice or liability, deny access to and use of the Service, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or any applicable law of regulation. The Company reserves the right to modify or discontinue all or part of the Service without notice at any time. Company will not be liable to User or any third party for any modification, price change, suspension, or discontinuance of the Service.

3.8. The Company has no obligation to monitor User’s use of the Services, but Company reserves the right to do so at its own discretion and may prohibit any use of the Service believed to be (or is alleged to be) in violation of these Terms or applicable laws and regulations.
4. Intellectual Property to the Service and its contents
4.1. The exclusive right to the Service is owned by the Company. These Terms shall not grant the Users any rights to use the Service except as provided directly within the Service interface and in accordance with these Terms. Company alone (and its licensors, where applicable) shall own all right, title and interest to the Service and the objects in any form available within the use of the Service, including design elements, texts, graphic images, illustrations, software, databases (hereinafter referred to as the Content) any derivatives, suggestions, enhancement requests, feedback, recommendations or other information provided by the User or any other party relating to the Service, and any aggregated metrics, data and trends compiled by Company.

4.2. This Agreement does not convey to the User any rights of ownership in or related to the Service, or any intellectual property rights of the Company. Company’s name, logo, and the product and service names associated with the Service are trademarks of Company, and no right or license is granted to use them hereunder.

4.3. The User is allowed to use elements of Content and any other contents strictly for personal non-commercial use on condition the User keeps all the references to the copyright and related rights notices, trademarks, registered trademarks, other forms of notices as of authorship, author’s name (or pseudonym) of the author or the rightsholder intact, keeps the corresponding object unchanged, except for the cases envisaged by the applicable law.

4.4. Notwithstanding anything to the contrary contained herein, the Company shall be entitled to adjust the scope of Service and its functionality to reflect the continuing development of the Service and technical advances. User acknowledges and expressly agrees that any results and proceeds from such adjustments, without respect to whether User had any influence or input, shall accrue to the sole benefit of the Company.

4.5. The User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service provided by User to Company are non-confidential and shall become Company’s sole property. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such content for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to the User. User hereby waives all moral rights to any such content, and hereby warrants that any such content is original with User or that User has the right to submit such content. User agrees there shall be no recourse against Company for any alleged or actual infringement or misappropriation of any proprietary right in User’s content.
5. Limitation on Liability, Disclaimer of Warranties
5.1. To the fullest extent permitted by the applicable law, Company provides Service on an “as-is” and “as-available” basis and makes no representations or warranties of any kind, express, implied, statutory, or otherwise, in connection with the Service including, without limitation, merchantability, fitness for a particular purpose, and non-infringement. The User agrees that their use of the Service will be at their sole risk. Company does not warrant that the functions or Content contained in the Service will be uninterrupted or error-free, that defects will be corrected, or that Company’s servers are free of viruses or other harmful components. In particular, Company makes no representation or warranty that the information provided through the Service, regardless of the source, is accurate, complete, reliable, current, or error-free. Company disclaims all liability for any inaccuracy, error, or incompleteness in the Service.

5.2. Company makes no guarantee or representation of any kind concerning the results of User’s use of the Service. Any testimonials or examples displayed or depicted through /or in the Service are only examples of what may be possible. The Company makes no guarantees or representations of any kind:
5.2.1. that the Service meets or will meet the User's purposes and expectations;
5.2.2. of the uninterrupted and error-free operation of the Service as a whole and of its certain components and/or functions;
5.2.3. of reliability, accuracy, completeness and timeliness of the Service use results and their fitness for a particular purpose (e.g. endorsing legally binding and / or relevant actions and / or facts, producing accurate statistics etc.);
5.2.4. that the information or access to it, its contents and quality, available by the Service, may meet the User's purposes and expectations.

5.3. The Company is not responsible for the use any information or materials accessed by User via the Service, the User uses them at its sole risk and is solely liable for any consequences such use may incur, including damage it may cause to the User, the device of the User or third parties, for any loss of date, violation of rights, or any other damage.

5.4. The Company is not responsible for reimbursement of any losses incurred as a result of the use or inability to use the Service by the User or its separate parts / functions, including possible errors or malfunctions.

5.5. In no event will the Company, its directors, employees, or agents be liable to User or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from User’s use of the Service, even if the Company has been advised of the possibility of such damages.

5.6. The User hereby undertakes to indemnify and hold the Company, including its subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from and against any and all loss, liability, damages, claims and expenses (including reasonable attorneys’ and other professional fees and costs) incurred as a result of any claims, proceedings or lawsuits arising out of the use of the Service by User in breach (or in alleged breach) of any provisions of the applicable law and the Terms. Notwithstanding the foregoing, Company reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify Company, and User agrees to cooperate, at User’s expense, with Company’s defense of such claims. Company will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
6. Miscellaneous
6.1. This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules, or international law or convention.

6.2. The User agrees that in the event of any dispute between the User and the Company, the User will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

6.3. All disputes arising from application of the Terms, or the use of the Widget shall be settled by the court at the Company’s location subject to the mandatory pre-trial settlement of disputes by means of the User’s requests via the email according to section 6.2. of the Terms.

6.4. In all parts of these Terms, unless expressly stated otherwise, the term "applicable law" shall mean both the laws of the State of Delaware and the laws of countries of the User’s current location, if applicable.

6.5. Company shall, at all times, be deemed to be independent contractors and shall not be deemed to be employees, agents, joint venturers, partners or representatives of the User, or be authorized or empowered to create any claim, debt or obligation on behalf of the User.

6.6. The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, which shall remain in full force and effect.

6.7. Absence of immediate action on behalf of the Company in case of the User’s violation or breach of any provision of the Terms in no way constitutes Company’s waiver to resort to all the available measures for defense of the Company’s interest later, nor does it constitute Company’s waiver of such rights for defense in any similar future cases or violations.

6.8. User may not assign any of her rights under these Terms, and any such attempt will be void. Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

6.9. In the event Company is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume Company’s obligations under these Terms.
6.10. Any notice or claim related to the use /or inability to use the Service, related to potential infringement of law or upon rights and interests of any third parties will be effective when submitted to Company at info@testory.qa.
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