Terms and Conditions

§1. General Terms

  1. These Terms of Service shall constitute a standard contractual agreement and they define general conditions as well as rules of the Agreement a User and the Service Provider enter into. In order for the Services to be provided it is required that User acknowledge and accept provisions of the Terms of Service.
  2. The Service shall be provided without any territorial limitations.
  3. The Services are provided and the Agreement is realized by Service Provider in accordance with CET (Central European Time).
  4. The Terms of Service have become effective as of 01.03.2017.
  5. For the following words and phrases used in the Terms of Service the following meaning shall be adopted:
    1. Data Controller / Service Provider – Cloud Testing Sp. z o.o. , based in Wrocław (53-238) at ul. Petuniowa 9/5, Poland, Tax Payer’s Number (NIP): PL8992754194, statistical number (REGON): 022426578, company number (KRS): 0000511485, e-mail: contact@testarmy.com , a company entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, VII Commercial Department of the National Court Register. Founding capital fully paid up: 6 300 PLN,
    2. Terms of Service – these Terms of Service,
    3. Websitehttps://my.testarmy.com ,
    4. Platform – a computer program accessible through the Internet and log in to the Website,
    5. Service – a service provided to User by Service Provider by means of electronic communication and through the Platform. The Service shall be provided in compliance with binding law and provisions of the Terms of Service,
    6. Agreement – an agreement on provision of the Service concluded between User and Service Provider, subject to the provisions of the Terms of Service,
    7. Company – a natural person conducting on his/her own behalf business activity,
    8. Natural Person – a natural person having full capacity of acts in law whose entering into the Agreement is unrelated to his/her business or professional activity (a consumer),
    9. third party – any natural or legal person or entity having legal capacity, except for the User and the Service Provider,
    10. User – a Natural Person or the Entrepreneur to whom at least one role is ascribed in the Application;
    11. Account – a collection of information and settings saved in Service Provider database for User, being a part of provision of Service Provider services to User. In order to make access to User Account provision of a proper Password shall be required,
    12. Registration – an act which is required in order to create an Account in the Application and for the following acts of making use of the Service by the User,
    13. Login – User’s email address,
    14. Password – a unique set of signs adjusted to Our technical requirements and chosen by You which is used to authorize access to and secure Your Account against unauthorized access of any Third party,
    15. Client – an entity which the beneficiary of the testing,
    16. Software – Service Provider’s own scripts by means of which the Website and/or the Platform work properly. The rights to the Software are owned by the Service Provider,
    17. Privacy Policy – determine the manner in which the data is processed in the Service and/or in the Platform, including cookies. The Privacy Policy is attached as Attachment No. 1 to the Terms of Service.
    18. materials – pieces of work/copyrighted works referred to in the Berne Convention and TRIPS Agreement, protected under implementation through the Act of 4 February 1994 on copyright and neighbouring rights (consolidated text published in Journal of Laws of 2006, no. 90, item 631, as amended) – the Service Provider is authorized to dispose of thereof,
    19. computer program – the protection is provided under the European Parliament and Council Directive 2009/24/EC of 23 April 2009 on the legal protection of computer programs, as well as in accordance with the Polish law – the Service Provider is authorized to dispose thereof,
    20. digital content – the data created and delivered in a digital format,
    21. personal data – information by means of which it is possible to identify User,
    22. force majeure – an event caused by an accident or by the forces of nature which cannot be controlled or influenced by the Service Provider (such as fire, explosion, electricity breakdown, earthquake, flood, intense thunder and raining, turmoil, acts of civil as well as military authorities, war, terrorism (including cyberterrorism), cyberattacks (e.g. DDOS) by actions of the operators of telecommunications networks and by other unpredictable factors;
    23. telecommunications networks – a combination of interrelated and cooperating IT devices and software which enable the following activities: data processing and storage as well as data sending and reception, via telecommunications networks, by means of a terminal device appropriate for a specific telecommunications network,
    24. services provided by electronic means – provision of a service without Your and Our simultaneous presence (at a distance), by data transfer, at Your individual request, being sent or received by means of electronic processing device, including digital compression or data storage, which is entirely conferred, received or/and transmitted through telecommunications network,
    25. cookies – small textual information sent by the www server and saved by Service Provider,
    26. email address – an active address of User electronic mail.

§2. Technical Requirements

  1. The proper operation of the Services require use of a device with access to the Internet, with cookies and JavaScript enabled in the Internet browser.
  2. Support and technical assistance are provided by the Service Provider by using the tutorial to solve technical problems (User before using the Services should it finish the tutorial) and by e-mail (consideration of certain matters may take more than one day. If you do not receive a response from us, please look for answers in the tutorial or contact again).
  3. The Service Provider does not provide assistance for external services expect Platform Services.

§3. Registration and logging in

  1. Registration in the Application and subsequent logging is possible by specifying the email address (Login) and Password.
  2. The Account activation takes place by clicking on the activation link. If there is no e-mail with the activation link in the inbox, one should check the spam folder.

§4. Scope and type of the Services

  1. Services are not provided for persons without full legal capacity.
  2. The Service Provider offers free Services – Register an Account, profile service in the Platform and paid Services – testing (looking for errors, bugs, vulnerabilities and writing suggestions, recommendations, opinions) of web sites, applications and other Client materials submitted for testing on the Platform.
  3. The principles of testing and settlement, including payments for paid Services is each time determined by the order.
  4. The Service Provider settles with User when User according to the indications of the
  5. The User is invited to test if she/he meets the requirements set by the Client. Please complete your profile.
  6. Adoption of the test by the User is possible if the User profile is completed sufficiently to make possible the payment.

§5. Duration of the Agreement

  1. The Agreement is entered into at the moment of the Registration and is concluded for an indefinite period until removal of the Account. During the Agreement User can accept invitations to perform paid Services.
  2. The Natural Person has the right to withdraw from the Agreement within 14 days, including 14 days of the start of the paid Services, without giving any reason thereof. To this end, the User should send an e-mail using the User’s Login. The User may utilize the model statement on withdrawal from the Agreement, set out in Attachment No. 3 to the Terms of Service.
  3. The Service Provider may terminate the Agreement and delete the User Account in the form of a unilateral declaration of intent sent by the Service Provider using an ICT system in the case of violation by the User of law and/or gross violation of the Terms of Service, in particular if the violation is recurrent, and/or at any time if the User Account is not active for more than 180 days.
  4. The Service Provider may cancel at any time order.

§6. Payments

  1. User is obliged to provide the own data needed to make the payment.
  2. Payments shall be made according to the indications of the Platform and they are reduced to deduct the tax obligations in force in the country of the Service Provider.
  3. User is responsible to account any tax liabilities arising from payments received from the Service Provider.
  4. If User does not execute the order or performed incorrectly, User does not receive payment for this order.
  5. Conditions of execution and settlement rules are specified in the invitation to the tests.
  6. User agrees to receive invoices and/or other accounting documents electronically.
  7. Some banks or payment systems may charge fees/commissions and add them up in accordance with their applicable price lists, which is independent of the Service Provider. Please read the rules of settlements before choosing a payment channel.

§7. User’s rights and obligations

  1. The User shall be entitled to:
    1. manage his/her Account and profile,
    2. make use of the Website, Platform and Services on terms and conditions specified in the Terms of Service,
    3. address questions to the technical assistance department and submit complaint,
    4. terminate the Agreement on the terms and conditions specified in the Terms of Service.
  2. The User shall be obliged to:
    1. make use of the materials, personal data or/and digital content respectively which he/she is entirely entitled to make use of (they cannot infringe a third party’s rights),
    2. check if he/she fulfils the technical requirements for the use of the Website and/or the Platform and/or Services, prior to their use,
    3. refrain himself/herself from the use of the Website and/or the Platform that would impede functioning of the Services,
    4. refrain himself/herself from the illegal use of the Website, and/or the Platform and or/the Services,
    5. take care of the linguistic correctness, avoid using vulgarisms nor publish hyperlinks to the websites, the content of which is illegal or contrary to the Terms of Service;
    6. make use of the Website, Services and/or the Platform in accordance with their purpose, law, provisions of the Terms of Service or principles of community life. It shall be forbidden to make use of the Service for the purposes of conducting terrorist, sabotage or other criminal activity, or any other law infringements, or torts, including posting of the materials offending other persons or infringing their rights, containing threats, invectives, materials propagating hatred towards people or/and animals, or harassing them, of paedophilic character, displaying and/or propagating criminal activity, profaning, abusive, infringing or potentially infringing personal rights or other legally protected values, publishing materials that may or do attack, degrade or/and supporting violence, or encouraging to committing a crime. It is also forbidden to post commercial content which infringes law (e.g. forbidden advertisement) or suggests payable or illegal meetings,
    7. refrain himself/herself from any activity that is illegal or contrary to the principles of community life, or infringes personal rights of other Users, Clients and any third party or justified interests of the Service Provider, or other Users or Clients or any third party,
    8. grant a license as described in § 14 (5) of the Terms of Service each and every time he/she adds any material to the Platform,
    9. refrain himself/herself from obtaining access to other Users’ Accounts which he/she does not manage (e.g. by breaking the Password),
    10. refrain himself/herself from generating excessive or disproportionate load of the connections and other infrastructure, by means of which the Service is available,
    11. keep its Password confidential,
    12. refrain himself/herself from making his/her Account available to other Users or any third party,
    13. update data,
    14. keep confidential and not publish material uploaded to the Platform and downloaded from the Platform.
  3. User shall take reasonable security precautions to prevent materials from being seen by unauthorized person, particularly protect his/her devices or Internet connection. User shall take reasonable care to protect materials and all associated documents in a secure location. User may not sell or transfer any portion of materials to any User and/or third party or use materials in any manner to produce, market or support its own products/services or their clients.
  4. The Service Provider does not constitute a grant licence or an intention or commitment to grant any right, title or interest in Client’s materials or Client’s trade secrets to available for User.
  5. The rights and obligations of the User may not be transferred to other Users and/or third parties. This means that the User may not assign/sell/dispose of the User’s Account to another entity. The Service Provider is the sole entity authorized to provide the Services to the User.
  6. In any case of breaching the confidentiality obligation (paragraph 3), expose materials, unauthorized use materials, User shall be obligated to pay a compensation equal to the damage suffered by the Client.

§8. The Service Provider’s rights and obligations

  1. The Service Provider shall not interfere with any User’s Account and the information gathered on the Account, or any messages sent and/or materials added, except for when requested by the User due to technical problems, also as far as additional services are concerned and solely within the scope.
  2. The Service Provider shall be entitled to:
    1. inform Users, by electronic means, about new functionalities of the Platform or invitations to testing,
    2. inform Users, by electronic means, about products and invitations via newsletter,
    3. ask Users about their general opinion and level of satisfaction for the use of the Application and technical assistance. The opinions may be collected in a form of short questions or brief surveys, by means of the telecommunications network,
    4. examine the manner the Service are used, in particular by collecting anonymous data allowing to improve them functionally and technically (e.g. resolution of a screen, type of a search engine used, the number of clicks on particular tabs on the Service),
    5. examine the manner the Platform are use, after prior approval,
    6. modify features, functionalities of the Service, ad-lib, unless it leads to reduction of the quality of the Service provided to the User,
    7. make use of the User’s materials added to the Platform within the license, as specified in § 14 (5) of the Terms of Service, granted by the User,
    8. remove the Account in accordance with Terms of Service.
  3. The Service Provider shall exercise the utmost care so that the Services is provided duly, on regular basis and without any disruptions.
  4. The Service Provider shall reserve to himself the right to make the Website and/or the Platform and/or Services unavailable, entirely or partly, due to technical reasons, including a need for maintenance works or modifications to be introduced. The Service Provider shall exercise the utmost care so that the instance of the unavailability is the least onerous for the User.
  5. The Service Provider shall be entitled to take any other actions in accordance with the terms and conditions of the Terms of Service.

§9. Liability

  1. Each User shall be liable for their actions related to the use of the Website, Platform and/or Services.
  2. The Service Provider shall exercise the utmost care to safeguard the Platform against any adverse events.
  3. The Service Provider shall not be held liable for:
    1. incorrect data provided by the User,
    2. lack of User’s access to the Internet, or for restrictions affecting such access,
    3. restrictions affecting and/or incorrect operation of software or hardware belonging to the User and relied upon while using the Website and/or the Platform, including the Services,
    4. losses suffered and profits lost by the User or third party as a result of the password to the User’s Account being disclosed due to reasons attributable to the User,
    5. losses suffered and profits lost by the User or third party as a result of actions or omissions of the User, and in particular of improper use of the Platform,
    6. losses suffered and profits lost by the User who has violated the law or the provisions of the Terms of Service, which has resulted in the User’s Account being blocked or deleted by the Service Provider,
    7. losses suffered and profits lost by the User or third party as a result of actions and/or omissions of third parties that are not bound by the terms of the Agreement, which remain beyond the control of the Service Provider,
    8. losses suffered and profits lost by the User or third party as a result of an event of force majeure,
    9. payments made with the use of an External Payment Channel, as well as the manner in which data, including personal data, is processed by such an axternal payment channel,
    10. losses suffered and profits lost by the User or third party as a result of the User’s personal data being transferred to entities authorized to process such data pursuant to applicable legal regulations,
    11. links redirecting to third party websites. The said websites constitute the property of and are managed by their respective administrators or service providers, as the case may be. The Service Provider shall not be held liable for the availability or quality of such websites.
  4. The User shall make use of the Website, Platform and Services at her/his own risk and responsibility. The Service Provider does not guarantee the frequency of sending invitations.
  5. The Service Provider shall have no control over the manner the User manages her/his Account nor over the materials he/she adds or marketing campaigns he/she makes.
  6. The external channel of payments is responsible for the processing and protection of personal data and other data transmitted to it by the User in order to realize the payments.
  7. In the event that the Service Provider receives an official notification or actual knowledge on unlawful character of the data, including the User’s personal data, the Service Provider shall contact the User in order to get the situation explained and act in accordance with the Terms of Service (he shall order removal of the data and disable the Account, or, eventually, remove the Account) and binding law – notice and take down procedure.
  8. The Service Provider is responsible for the fault of the injury resulting from the non-performance or undue performance of the Agreement to the amount of the payment due to User.

§10. Complaints

  1. The complains shall be filed within 30 days upon the day when the damage occurs (e.g. malfunctioning of the Services) by electronic means. The complaint shall include the following data:
    1. Login,
    2. the description of the reason for the complaint as detailed as possible (including its time and place),
    3. presumptive settlement of the complaint,
    4. number of an invoice, if this is the subject of the complaint.
  2. The complaints shall be settled at Our earliest convenience; however, this shall be no longer than within 14 days.
  3. The day of the complaint filing shall be the day when the Service Provider receives the complaint.

§11. Account blockade

The Service Provider has the right to block the Account during the term of the Agreement in the case of violation of the Terms of Service by the User (in particular in the case referred to in §9.7 of the Terms of Service). The Account remains blocked pending clarification of the case. The User has the right to make a complaint.

§12. Removal of the Account

The Account may be removed as a result of the notice and effective termination of the Agreement on terms set out in Terms of Service.

§13. Personal data protection

  1. The Data Controller respects the Users’ right to privacy his duty is to protect the security of their personal data. In order to fulfil his duties, the Data Controller inter alia makes use of the secured scrambling protocol during the Registration, logging in and making use of the Platform (SSL).
  2. For the purpose of the settlements, the invoice data or other data for accounting shall be saved in the Platform.
  3. Clients can browse Users profiles (according to the privacy settings in the Platform).
  4. The User’s personal data shall be processed in the following manner:
    1. in observance of the personal data protection regulations in effect in the European Union,
    2. in accordance with the Privacy Policy in effect,
    3. within the scope required to establish the relationship, define the wording of the Agreement, amend or terminate the Agreement, as well as render the electronic services in a correct manner,
    4. within the scope required to meet the legally defined objectives pursued by the Data Administrator. The processing of data does not violate the rights and freedoms of the person the data pertains to.
  5. The User’s personal data may be processed upon their consent, within the scope required to send the newsletter containing commercial information.
  6. The User’s personal data is made available to Potential Employers solely upon the User’s consent, so that the recruitment process may be taken part in.
  7. The User shall have the right to review their personal data processed by the Data Administrator, and shall also have the right to amend, modify and delete such data at any time, with the help of their Account.
  8. The Data Controller reserves the right to make the User’s personal data as well as other User’s data available to entities authorized under applicable legal regulations (e.g. law enforcement agencies).
  9. Personal data may be deleted as a result of:
    1. termination of the Agreement;
    2. withdrawal of the consent, or submission of a legally acceptable objection to process personal data.
  10. The Service Provider hereby reserves that he shall store, over a period of time mandated by law, data about the User, the scope of which is required to handle the potential, future disputes between the parties to the Agreement, or which is required under the legal regulations the Service Provider is bound by (e.g. tax regulations).
  11. The Service Provider shall not make available the personal data to any entities other than those authorized under the applicable legal regulations and/or based on the User’s consent.
  12. The Service Provider processes such data as: IP address, time zone, geolocation, browser data, first name, last name, sex, date of birth, avatar, town, postal code, country, telephone number, education, interests, professional situation.
  13. The Service Provider may process such User data as: date of birth, PESEL, address of tax office and other data the User provides in their profile.

§14. Intellectual property rights

  1. All rights in the Website, Platform, as well as content of the Services are held by the Service Provider. All rights in the materials added by the Customer are the property of the Customer, and the Service Provider is authorized to provide access thereto to the User. All rights in the materials added by the User are provided for in the license referred to under clause 5.
  2. It is forbidden to use the Website and/or the Platform, including the materials, in a manner that infringes the rights of the right holder. Should a violation of intellectual property rights be identified, the Service Provider shall take the relevant legal measures against the violating party.
  3. The “TEST ARMY” mark, both in verbal and in graphic form, identifies one of the Service Provider’s products that is traded without any time- and territorial-related restrictions. “TEST ARMY” is a trade name of the Service Provider.
  4. It is forbidden to distribute, without a written consent of the Service Provider, any elements of the Website, Platform or Services, including the materials, in particular in the form of screenshots or files. It is forbidden to delete, obscure or prevent reading of trademarks, copyright information or other markings concerned with intellectual property. It is also forbidden to copy, trade, distribute and modify the content of the Website, Platform, as well as the materials, including by creation of derivative works used without a prior written consent of the right holder.
  5. By adding materials to the Platform, the User grants, in each case, the Service Provider, with a non-exclusive license for the term of the Agreement and for the period of 20 years following the deletion of the Account (the Service Provider may grant a sub-license of the same scope to a Customer or to a person appointed by the Customer, without a separate consent of the User), covering the following fields of use and without the need to mark such materials with the first and last name or the nick of the User:
    1. entering to the memory of electronic devices (e.g. computers), including servers forming a part of ICT systems,
    2. permanent and/or temporary recording and/or copying, with the use of any techniques, in whole or in part, in an unlimited number of copies, in particular with the use of any known polygraphic, digital, magnetic recording, copying and printing techniques, copying with the use of any vision and computer technologies, in any system, format and on any carriers, with the exchange of such carriers included, inter alia, in print, within ICT networks, digitally,
    3. providing access to – publicly and/or non-publicly – within the framework of the provision of electronic services, free of charge, irrespective of territorial, time- and language-related restrictions,
    4. distributing, publicly and/or non-publicly, with the use of any wireless and wire-based broadcasting media used to transmit characters, sounds and/or images, permanently and/or temporarily, with the use of any technology, free of charge, at a time and location of the recipients’ choosing,
    5. placing on the web, in a manner enabling the material to be viewed by recipients, as well as to be transmitted upon demand.

§15. Final provisions

  1. The Service Provider shall make available the wording of the Terms of Service prior to Registration and shall send the wording of the Terms of Service in a fixed form. The Rules and Regulations may also be made available in a different manner, upon individual request of a given person, if such a person encounters problems in displaying or reading the Terms of Service. To this end, contact with the technical assistance department should be established.
  2. The Service Provider reserves the right to amend the Terms of Service. Each document shall be labeled with the date from which its provisions are in force.
  3. Each substantial amendment of the terms and conditions of the Agreement shall be communicated to the User at least 14 days prior to the planned entry of the new rules and regulations into force. The Service Provider shall send a relevant message to the User’s e-mail address.
  4. In the case referred to above, the User shall have the right to terminate the Agreement before the planned entry into force of the new rules and regulations. Failure to report their intention to terminate the Agreement, or failure to terminate the Agreement by such a deadline shall be deemed as the User’s consent to continue to be bound by the Agreement, on terms and conditions provided for in the new rules and regulations.
  5. Change to the scope and/or type of Services that does not violate the Terms of Service shall not be considered to be a substantial amendment of the terms of the Agreement.
  6. The Service Provider renders also services that consist in storing data added by the Users to their profile. The Service Provider only stores such data and enables their online transmission, based on the terms and conditions provided for in the Terms of Service.
  7. Should a third party identify that any rights are violated, such third party shall be required to contact the technical assistance department and submit a reliable message or an official notification about the illegal nature of the data, including personal data, made available by the User.
  8. The Service Provider may at any time assign all or part of his rights and obligations hereunder Terms of Service for any entity without the prior consent of the User. In the case, the User only needs to be informed thereof by e-mail, or by means of a message sent from the Platform level.
  9. In case of any subject matters not being covered by the Terms of Service, the applicable law shall be the Polish law (the applicable provisions) and/or the provisions applicable in the consumer’s place of residence.
  10. In the event of any provision of the Terms of Service being declared to be null and void by the court, the other provisions shall survive.
  11. Each and every dispute shall be settled in an amicable manner, in particular the Service Provider declares his willingness to participate in ADR (Alternative Dispute Resolution).
  12. Each and every dispute between the Service Provider and the User who has paid the Fee for the Service and purchased it for his Enterprise shall be settled by the court having jurisdiction in the place of the Service Provider’s residence.
  13. In the event of any doubts as far as meaning or wording of the Terms of Service is concerned, the Polish version is the original one and its wording shall prevail.

 

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