A. DEFINITIONS AND INTERPRETATION
1. “User” or “You” or “Your” refers to a natural person who has accepted this Agreement in order to download and use the Software.
2. Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
3. Headings and captions are used for convenience only and not for interpretation of the Agreement.
4. Any reference to a natural person shall, include his/her heirs, executors and permitted assigns and any reference to a juristic person shall, including its affiliates, successors and permitted assignees, unless repugnant to the context.
B. YOUR APPROVAL
1. You approve of and accept this Agreement by accessing or using the Software or any of the content available within the Software from any device.
2. You can accept this Agreement only if:
(a) You are of the legal age, eligibility and mental capacity to form a binding contract with Retest pursuant to Your use of the Software; and
(b) You are not legally barred from using the Software.
C. PROVISION OF THE SOFTWARE
1. The Software is designed to provide You with cross testing of your website on various devices.
2. The Software may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
3. In order to provide the Software to You, We may request You to register and/or provide information about yourself. We trust that any information provided by You will always be true, accurate, complete and updated.
4. The content displayed on the Software is for Your non-commercial and personal use. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the Software.
5. We may stop provision of the Software (or any part of the Software), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Software and/or these Terms at Our sole discretion, without any prior notice to You. Your use of the Software following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).
D. YOUR AGREEMENT WITH Retest.app
1. A violation of this Agreement may result in a legal liability upon You and that nothing in this Agreement shall be construed to confer any rights to any third party. You are responsible for Your conduct and activities while using the Software, and for any consequences thereof.
2. If any provision of the Agreement is found to be unenforceable under applicable law, it will not affect the enforceability of the other provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
3. We may choose to not act with respect to a breach of this Agreement by You or others but this does not mean that We cannot act with respect to subsequent or similar breaches. Our intended or intended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
E. USING THE Software
1. This Software is available in a free as well as a paid version.
2. You will use the Software only for such purposes as is permitted by (a) this Agreement; and (b) any law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, in which You are a resident or from where You use the Software.
3. Retest also grants You a non-exclusive, non-transferable license to access such content on the Software which is owned by Retest. For using any content owned by a third party, You still require a license from such third party, We don’t license such content to You and Your use of content owned by a third party is governed by applicable terms and conditions prescribed by such third party.
F. RESTRICTIONS ON YOUR USE
1. You will not use the Software or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement.
2. You will not access (or attempt to access) the content provided through the Software by any means other than through the Software, unless You have been specifically allowed to do so in a separate written agreement with Retest.
3. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Software or any component or content thereof, available to third parties.
4. You will not circumvent or disable any digital rights management, usage rules, or other security features of Software; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Software; and not use the Software in a manner that threatens the integrity, performance, or availability of the Software.
5. You will not attempt to or engage in any activity that may:
(a) reverse engineer, decompile or otherwise extract the source code related to the Software or any part thereof, unless it is expressly permitted by Retest to You in writing or is required by the applicable law;
(b) use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Software or content thereof;
(c) collect information about users of the Software for any illegal or unlawful purpose;
(d) create any user accounts by automated means or under false or fraudulent pretences for using the Software;
(e) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through the Software;
(f) use the Software in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Software, or interfere with any other third party's use and enjoyment of the Software;
(g) carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Software or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Software or any part of the Software or any user of the Software;
(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Software; or
(i) obtain any materials or information through any means not intentionally made available, in the opinion of Retest, through the Software.
6. You will not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
1. Your access to the Software may be terminated if:
(b) You do not pay the requisite fee, if chosen a paid version.
2. We may have to terminate Your access to the Software if:
(a) We are required to do so by law (for example, where the access to and/or provision of the Software to You becomes, unlawful);
(b) The third party, if any, with whom We offered the Software to You has terminated its relationship with Us or ceased to offer related services to Us or to You;
(c) The provision of Software to You, is no longer commercially viable or feasible for Us; or
(d) You are a repeat infringer of this Agreement.
3. We may terminate this Agreement at any time, with or without notice and may procure disabling Your access to the Software and/or barring You from any future use of the Software.
4. You may terminate this Agreement at any time by terminating Your access to the Software. However, Your certain obligations under this Agreement shall continue to prevail even on such termination.
5. When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and Retest have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
H. INTELLECTUAL PROPERTY
1. Your use of the Software is, and at all times shall be governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the Software through Your device.
2. Retest owns and retains all intellectual property rights to the summarized content made available to You through the Software by Retest but does not claim ownership rights to the original sources of information, which are instead held by the sites to which the Software may link You.
3. All trademarks, brands and service marks of the Software are the property of Retest only. Retest owns all of the copyrights and database in relation to the Software.
4. The Software and any underlying technology or software used in connection with the Software may contain rights of Retest or its affiliates or any third party. For use of any third party’s intellectual property, You may need to get permission directly from the owner of the intellectual property.
5. Any intellectual property which is not specifically mentioned to be owned by Retest is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.
6. Retest respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by You.
2. You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the Software. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You will notify the relevant authorities as soon as possible.
J. LIMITATION OF LIABILITY AND INDEMNIFICATION
1. Your use of the Software or any content available thereof is entirely at Your own risk and We shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the Software.
2. You may terminate Your access to the Software if You are not satisfied with the Software.
3. You shall defend, indemnify and hold Retest, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) Your use of the Software; or (b) Your breach of any rules, regulations and/or orders under any applicable law.
4. You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.
5. No refund will be processed under any circumstances.
K. NO WARRANTIES
1. We shall make our best efforts to make the Software available to You in the best possible manner. However, We disclaim all warranties in relation to the Software, whether express or implied, including but not limited to:
(a) The Software being constantly available or available at all;
(b) Installation or uninstallation choices in relation to the Software being successfully executed in all cases;
(c) That Software will always function without disruptions, delay or errors;
(d) Your personal ability to use the Software;
(e) Your satisfaction with the use of the Software;
(f) The accuracy of the data provided by the Software;
(g) The security and privacy of Your data;
(h) That all bugs or errors in relation to the Software will be corrected;
(i) That the Software will be compatible with all devices and all networks;
(j) That the Software is fit for a particular purpose or use; or
(k) That the Software and the contents thereof are accessible in every location.
2. Retest, its officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the Software in connection with this Agreement will not be liable for any acts or omissions, including of a third party, and including those vendors participating in Retest offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties, or for damages associated with Retest, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties that are interconnected with Retest.
L. GOVERNING LAW AND DISPUTE RESOLUTION
1. The Software may be controlled and operated through any country and may be subject to the laws of that country in which they are controlled and operated. If You use the Software from any location, then, You are responsible for compliance with the local laws applicable to You.
2. This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Delhi, India.
3. You and Retest agree that any cause of action arising out of Your use of the Web- App must be commenced within 3 (three) months after the cause of action accrues or You become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.
1. Retest may post notices within the Software or send you notices on the email address that You may have shared with Us. You will have received such notices within 3 (three) days of Us sending the notice. Your continued use of the Software on expiry of such 3 (three) days shall constitute Your receipt and acceptance of the notices sent to You.
1 Payments made on the Software in exchange of the services provided will not be refunded under any circumstances
1. The contents provided through the Software may include technical inaccuracies or typographical errors. Retest may make changes or improvements to the Software at any time. The contents or any information available on the Software is provided "as is" and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Retest does not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or the servers that make them available, are free of viruses or other harmful components. Retest makes no commitment to update the materials on the interface. The above exclusion may not apply to You, to the extent that applicable law may not allow the exclusion of implied warranties. Retest shall not be liable for any misuse or data theft as a consequence of Your use of the Software.
2. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE Software IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL THE TERMS SPECIFIED IN THIS AGREEMENT. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THE AGREEMENT SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD PARTY OR ANY OTHER PERSON.