Thanks for using our products and services ("Service"). The Service is provided by Testberg Pvt. Ltd. ("Testberg", “we”, “us” or “our”). By using our Service, you are agreeing to these terms. Please read them carefully.
Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access.
Our Service displays some content that is not Testberg'. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.
Testberg provides you with access to a rich collection of resources, including but not limited to, test optimization tools, page link analysis tools, application program interfaces (API). You also understand that the Service may include certain communications from Testberg, such as service announcements and administrative messages, that are related to the provision of the Service. Unless explicitly stated otherwise, any new features or tools released by us in relation to the Service shall be subject to this Agreement.
The Service is an online product that requires access via an internet or other network connection. You are responsible for obtaining the necessary internet or network connection to access Testberg’ Service, and you are responsible for the associated third-party fees (such as internet service provider or airtime charges) for the connectivity to the Service. Additionally, you are responsible for procuring and maintaining all equipment necessary to connect to the Service. The quality of the Service that you experience may depend on your connectivity and equipment. Testberg is not responsible for any claims or losses that arise as a result of your connectivity and equipment.
As a registered user of Testberg’ Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Testberg has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Testberg has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You are permitted to use the Service internally within the company for the purpose of obtaining insights and analysis to optimize your website(s) and related campaigns.
Except as expressly authorized by Testberg, you agree not to reproduce, duplicate, copy, sell, trade, resell, permit access, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or computer code that powers the Service.
You are responsible for all use made of the Service using your account. You are responsible for maintaining the confidentiality of your online account credentials.
You acknowledge that all Testberg proprietary metrics obtained through the Service remains the intellectual property of Testberg, and agree to attribute metrics such as, but not limited to URL Rating, Domain Rating and Testberg Rank in any publication or distribution of said proprietary metrics.
You must provide your valid email address, and any other information requested, in order to complete the registration process and become a registrant. Your login may only be used by a single user. A single login shared by multiple users is not permitted. We reserve the right to cancel or suspend your access to the Service if we see any suspicious activity in your account that reasonably points out you willingly and/ or knowingly shared your credentials with another user. You are responsible for maintaining the security of your account and password. Testberg cannot and will not be liable for any loss or damage from your failure to comply with this obligation.
Testberg does not condone any abuse of our paid trials as it goes against the initial intent of allowing new users to try out our features. Trial can just be used once for the sake of getting acquainted with the Service. A single user registering for multiple trials is strictly forbidden. We reserve the right to cancel or suspend your access to the Service if we see any suspicious activity that reasonably points out that you are abusing our paid trials.
By registering an account at Testberg (free or paid) you're giving us your permission to send email notifications to the email address that you have specified upon registration.
These email notifications may include: updates to Testberg' toolset, tips and tutorials on using Testberg tools, and system messages.
You're also given an option to subscribe to promotional offers and weekly updates from Testberg blog, which is not obligatory for completing the registration process. Please be advised that you can opt-out from any of these optional emails any time by using the ‘Unsubscribe’ link that is included at the bottom of each email that we send you.
We may send messages or emails via our own mailing service or via a third party service like MailChimp, Sendgrid or Intercom.io.
Account registration must be completed by a human. Accounts registered by "bots" or other automated methods are not permitted.
You may not attempt to bypass any functionality or access features on the website directly by using custom http (or other) calls, or attempt to manipulate the Service, or access it in a manner other than in a way in which a reasonable person would consider normal permitted use.
You should not attempt to take advantage of any feature that a reasonable person would consider an obvious omission or error on the Service and website.
In order to protect the integrity of the Service, Testberg reserves the right at any time in its sole discretion to block registrants and subscribers from certain IP addresses from accessing the Service.
You may become a registrant of the Service at no cost. As a registrant, you will have the ability to participate in some, but not all, of the features and tools available within the Service.
In order to access additional features, including the ability to use many of our tools, you must become a subscriber to the Service.
Depending on the subscription plan you select, you will be entitled to varying number of features and/or different limits.
FastSpring is a trusted reseller of Testberg subscriptions.
Unless required by law, Testberg is not obligated to provide you a refund at any time. Any amount paid (or its equivalent in your local currency) for a trial subscription is strictly non-refundable. For your monthly subscription, you may request for a refund after payment has been made for non-use, but please be advised that we reserve the right to decline your refund request should we see any material activity in your account.
Testberg reserves the right of unilateral service cancellation under the following circumstances: You are in breach of any of these terms; We detect unusual usage patterns in relation to the Service; You attempt to inflict damage or harm our reputation, work or Service; In response to requests from law enforcement or other public agencies.
You understand and agree that Testberg may anonymize and aggregate any data you share with the Service, including data associated with your Google Analytics and Google Search Console accounts, and use it without identifying you for purposes of improving the Service.
We are constantly changing and improving our Service. We may add or remove functionalities or features, and we may suspend or stop the Service altogether. You can stop using our Service at any time, although we'll be sorry to see you go. Testberg may also stop providing the Service to you, or add or create new limits to our Service at any time.
You agree that Testberg shall not be liable, to you or to any third party, for any modification, suspension or discontinuance of the Service.
The Service may provide links to other World Wide Web sites or resources. Since Testberg has no control over such sites or resources, you acknowledge and agree that Testberg is not responsible for the availability of such external sites or resources, does not endorse said sites/resources, and is not responsible, nor liable for any content, advertising, or other materials on or available from such sites or resources. You further acknowledge and agree that Testberg shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related in any way to use of or reliance on any such content, goods or services available on or through any such site or resource.
The Service and all information provided therein are on an "as is" and "as available" basis without any warranty.
TO THE EXTENT PERMITTED BY LAW, Testberg, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Testberg, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICE AGAIN).
TO THE EXTENT PERMITTED BY LAW, Testberg, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Testberg may be contacted by email at support@Testberg.com.
By contacting Testberg, you grant Testberg a worldwide, non-exclusive perpetual right to any ideas, information, designs or other material contained in any communication, except when you have obtained a duly authorized prior written agreement.
You agree not to pass to Testberg any commercially sensitive information and data about your own operations.
You accept that information sent to Testberg will not under any circumstance be considered subject to any form of non-disclosure agreement, except when you have obtained a prior written consent from Testberg.
All parties take into consideration that email is not a secure, guaranteed medium of communication. Emails should only be regarded received by Testberg if you receive a manually created response.
All discussions over email are deemed to be of informal nature, and should only be taken as binding when a duly authorized written agreement is entered into.
Any suggestions, mentions or references of any alteration to past, present or future contractual terms by Testberg should be taken purely as speculative until such time that you are in possession of a duly authorized written confirmation from Testberg.
We may modify these terms or any additional terms that apply to the Service, for example, reflect changes to the law or changes to our Service. You should look at the online version of our terms regularly. We'll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms of the Service, you should discontinue the use of our Service.
These terms control the relationship between Testberg and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have, such as taking action in the future.
If any of these terms are rendered invalid, unenforceable or void, the other terms will remain valid, enforceable and not be affected.
The section titles in the terms herein are for convenience only and have no legal or contractual effect.