The following constitute the terms and conditions of access and use of the Service, as defined hereunder, which shall be deemed to have been read and agreed to if you access and use Service.
2.1 “Service” means the Applitools Eyes Cloud Service provided by Company through www.applitools.com/login for online Automated Visual Software Testing. The Service may be subject to fees and other related charges, as provided herein and as shall be elected by User before access is granted to the Service; the commercial terms and the various packages available can be viewed in the Company’s Website.
2.2 “You” or “User” means an individual or a company subscribed for use of the Service as set forth in the Order Form, and including anyone authorized to use the Service on their behalf.
2.3 “Website” shall mean the website at www.applitools.com.
2.4 “Target Applications” means a unit performing pre-defined actions and functionalities, as developed by You.
2.5 “Order Form” means the order form submitted by You electronically through the Website for subscribing to the Service. The Order Form shall be deemed an integral part hereof. In the event of inconsistency between the terms of the Order Form and the terms of this Agreement – the terms of the Order Form shall prevail.
2.6 “Checkpoint” means a single execution of visual validations of an application page using Applitools Eyes. Every execution of a visual validation will be counted as one (1) checkpoint.
4. Changes to the Service; Termination of the Service or Feature. Company reserves the right, at its sole discretion, at any time to modify, improve and correct or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. If Company in its discretion chooses to cease providing the current version of the Service or any of its features and/or specific functions, whether through discontinuation of the Service or by upgrading or downgrading the Service to a newer version, You may not be able to continue using the previous version of the Service. Features and/or functions of previous Service versions might be removed on future versions thereof. You agree that Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. It is clarified that unless You indicate us otherwise, the Service shall be renewed automatically for the period You originally subscribed for.
6. Payment Methods. A valid credit card, debit card or any other charge card (“Payment Card”) is required in order to acquire any of the Plans. Company may also at any time accept monetary payment through any other payment method as shall be designated by Company from time to time at its sole discretion, including without limitation through a PayPal account or via bank remittance. Upon presentation of any Payment Card information, you warrant that you are the cardholder or an authorized user of such Payment Card, and that the billing information provided is accurate. All Payment Cards are subject to validation checks and authorization by the card issuer. To ensure that your Payment Card is not being used without your consent, Company will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made by us. If the issuer of your Payment Card refuses or does not, for any reason, authorize payment to the Company, whether in advance or subsequent to a payment, Company shall be entitled to deny your access to the Service. Your complete billing information is not stored in any way, manner or form whatsoever on Company’s servers but it is nevertheless saved on secure third party servers. You agree to pay Company for all charges at the prices then in effect for any use of the Service by You (including Your employees or agents) using your Payment Card or by means of any other payment method as shall be approved by Company in advance, and you authorize Company to charge such Payment Card for the Service. By approving the purchase of a Plan, you authorize Company to charge the designated Payment Card for the total amount of the purchase.
7. Cancellation. You may cancel your account at any time, through your account page; such cancellation shall be entered into effect immediately. No refund shall be entitled to you for cancellation prior to the lapse of the period subscribed for. It is clarified that unless You indicate us otherwise, the Service shall be renewed automatically for the period You originally subscribed for.
8. User Accounts; Compliance and Monitoring
8.3 Notwithstanding the aforesaid, Company shall have the sole and absolute discretion to deny any User’s registration and/or access to the Service or any future service of the Company or to discontinue and Service for any Account or Accounts and block such Accounts for any reason whatsoever and at any time, without incurring any liability to Company.
9. Use of Information
10. Use Limitations.
The Service may only be used as a tool for the purpose of quality assurance of your Target Applications (“Purpose”) and the Service or the content set forth in the Website (including without limitations, the user interfaces and any proprietary information contained therein) may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the Company, and Company reserves all rights in and to the Service and such content.
You may not use the Service for any of the following purposes; Company disclaims any and all liabilities, losses and or damages with respect to any use of the Service which constitutes a Prohibited Activity.
10.1 Engaging in unlawful, indecent, obscene or other morally objectionable activities.
10.2 Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or illegal materials;
10.3 Gaining unauthorized access to other computer systems or to other users of the Service;
10.4 Interfering with any other person’s use of the Service;
10.5 Making and/or transferring and/or storing electronic copies of materials protected by copyright without the express permission of the owner of the material, or otherwise making such use of the Service that infringes third parties intellectual property rights;
10.6 Circumvent, disable or otherwise interfere with security related features or other features of the Website and/or with the use of Service, or enforce any limitations on use of the Website and/or the Service.
11. Intellectual Property Rights.
all right and title in the Service and its content including without limitation, software (both source and object codes), scripts, graphics, form, text, content of text, and the like and any and all trademarks, copyrights, service marks and logos, including but not limited to the Applitools Eyes trademark (but excluding trademarks, service marks and logos provided by and owned by you) contained and embodied therein, are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under Israeli laws, foreign laws and international conventions.
12.1 Company warrants for Your benefit alone, that for a period of sixty (60) days from the date of registering to the Service (the “Warranty Period”), the Service, if operated as directed by Company, shall operate substantially in accordance with the functionalities provided by the Company to you and shall be free material technical defects. Company does not warrant however that your use of the Service will be uninterrupted or that the operation of the Service will be error free or secure. The Company’s sole liability and your sole and exclusive remedy for any breach of this warranty by Company shall be the repair the non-conforming functionality of the Service that does not meet this limited warranty, within reasonable time. The foregoing warranty applies only to paid subscriptions and only with respect to failures in operation of the Service that are reproducible in standalone form and does not apply (i) if the defect is caused by faulty usage or set-up, by alterations undertaken without Company’s consent or by faulty repairs; (ii) if the defect is caused by use of a superseded update of that Software that the Company makes generally available to its customers that subscribe for updates of the Software, if the infringement would have been avoided by the use of a current Software Release of the Software that Company provides to its customers; (iii) if the defect is caused by the combination, operation or use of the Service and/or the Software with software, hardware or other materials not licensed hereunder and not conforming to Company’s specifications set forth in the Website; (iv) if the Service is otherwise operated or used in violation of this Agreement or other than in accordance with the documentation. It is hereby clarified that during the Warranty Period or at any time thereafter, any support services shall be provided by the Company or a third party authorized by the Company for such purpose, as set forth in the Website.
12.2 OTHER THAN THE EXPLICIT WARRANTY SET FORTH IN THE FOREGOING SECTION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES IS PROVIDED “AS IS” BASIS AND THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES (“COMPANY INDEMNITEES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICE, AND THE USE THEREOF IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PURPOSE, OR OTHERWISE.
12.3 COMPANY AND COMPANY INDEMNITEES ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND THE SERVICE BY ANY THIRD PARTY, OR USER, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SERVICE OR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE.