XORICON TestLab Terms of Service ("Agreement")
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using XORICON TestLab ("the Service") operated by XORICON ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Service at http://xoricon.com/testlab or *.xoricon.com.
By accessing or using the Service in any manner, including, but not limited to, visiting or browsing the Website ("the Site") at http://xoricon.com/testlab, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
We perform the Service by providing a customizable multi-user internet application ("the Application"). The subject matter of this Agreement is your use of this Service. By concluding this Agreement you are granted a limited and non-exclusive right to use the Service using the Application. This right is neither sublicensable nor transferable.
By opening an account at the Website you are making an offer to us to conclude the Agreement. We may at our own discretion accept this offer by rendering services under this Agreement. Opening an account requires registering at the Website by supplying login details. The person opening the account represents that he/she has got the legal authority to bind the legal entity he/she acts for to this Agreement, with respect to us.
After the Agreement has been concluded, the Trial Period starts. The Trial Period lasts 30 calendar days. During the Trial Period we will provide the Service without any remuneration. After the Trial Period, your account will be deactivated and this Agreement terminates unless you choose to continue using the Service for a monthly fee. To do so, you supply valid credit card details at http://xoricon.com/testlab/account.html.
You pay a monthly fee to use the Service. This fee depends on the maximum number of active users per month. The monthly fee is due to be paid on the last day of the month and will be charged to your credit card account. Prices are listed at http://xoricon.com/testlab. Wangen, Germany, is decisive for the calculation of the monthly fee.
We may alter prices and/or structuring of prices for the Service. If changes occur, we will inform the Customer by email about the price change. If you do not expressly disagree in writing within two weeks from the notification of change this is deemed to be your acceptance of the change. You will be informed about this circumstance in the notification of change.
You are obliged to make agreed payments in due time. To do so, you have to submit valid credit card information.
You must not interfere in any manner with the proper working of the Service. This includes imposing an unreasonable large load on the server infrastructure with either unreasonable numbers of server requests or unreasonable volumes of data.
By concluding this Agreement, you grant us the right to include your organization name and logo on our website and other promotional and advertising materials as a customer's reference. If you issue a written request, we will remove your organization name and logo from our website and will cease to include your organization name and logo in our other promotional and advertising materials within 10 business days.
If not terminated by you or us, this agreement runs for an indefinite time. The agreement may be terminated for any or no reason by either you or us at all with at least one day notice to the end of each month. If you decide to terminate the agreement, you close the account by using the mechanism at at http://xoricon.com/testlab/account.html at your convenience. If we decide to terminate the agreement, you will be notified by email.
Termination of this agreement may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Site, the Service and any Content are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, where express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that this Site or the Service will meet your requirements, or will be uninterrupted, timely, secure, or error, bug or virus free. We make no warranty or any representations regarding the use or the results of this Site, the Service or the content in terms of its correctness, completeness, availability, accuracy, reliability or otherwise. Your use of this Site and content is at your own discretion and risk, and you are solely responsible for any resulting consequences.
Except in the case of fraud, death or personal injury caused by our negligence or other cases where by law liability cannot be excluded or limited, we exclude all liability to you in respect of your use of the Service or any information or other content obtained either directly or indirectly from the Service, howsoever arising and whether in contract, tort, negligence, misrepresentation or otherwise.
Under no circumstances shall we have any liability for any loss of profit, business opportunity, goodwill, anticipated savings or data, or for any special, indirect, incidental or consequential loss or damages of whatsoever kind resulting from the use of the Service or any information or other content obtained either directly or indirectly from the Service, howsoever arising and whether in contract, tort, negligence, misrepresentation or otherwise.
You shall be liable to us for any loss, liability or cost we (or any of our affiliates) suffer as a result of your use of the Service or any breach of these terms and conditions. By using the Service you agree to indemnify and hold us harmless and our affiliates against all legal fees, claims, liabilities, damages, costs, losses and other expenses that may be incurred or suffered by us or our affiliates as a result of your use of the Service or breach of these terms and conditions.
Intellectual PropertyThe Service and its original content, features and functionality are owned by XORICON and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Governing Law and Jurisdiction
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Germany, without giving effect to any principles of conflicts of law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
The place of jurisdiction for all disputes arising from this agreement is Wangen, Germany.
Changes to this AgreementWe reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Service or discontinue any use of the Service immediately.
Notices made by us to you are posted at http://xoricon.com/testlab and/or sent to you via email. Notices by you to us are sent via email to firstname.lastname@example.org. Notices by you to us shall be in English or German.
If any provision of this agreement is or becomes invalid, illegal, or unenforceable this does not affect the validity of the remaining provisions.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by XORICON without restriction.
If you have any questions about this Agreement, please contact us.
This Agreement was last modified on March 18, 2014.