This Terms of Service was last updated on 21 April, 2021

Testfully Pty Ltd Terms of Service

Testfully Pty Ltd (“We”, “Testfully”, “Company”, “Us”) is honoured to assist you with your API testing and monitoring needs. Testfully’s features, pricing plans, and availability of different features based on plans will change over time. By using Testfully service accessible via testfully.io, app.testfully.io, and the Chrome Extension available via Chrome Web Store (“Product”), and providing your data to Testfully, you, individually and on behalf of your employer (collectively, “You”, “User”, or “Customer”) agree that these Terms of Service (“Terms”) constitute a binding legal agreement that governs your use of the Product (“Agreement”). The Services are defined as: Your access to the Platform and the information you receive from Testfully through the Platform (the “Services”). Do not continue to use Testfully if you do not agree with the Terms stated on this page.

The Terms of Service sets out the legally binding terms for your use of the Services & Product and may be modified by Testfully from time to time in its sole discretion without any notice. Any change made will be effective immediately and published on this page. By accessing Testfully, we assume you accept and agree with the latest version of these Terms.


Eligibility


The Service and Product are solely for register, access, and use by someone at least 18 (eighteen) years of age or older. You must not be someone barred from using Product and Service under the laws of the country where you reside, or from where you use Product, or Australia . In the event of representation or agent of another person or entity, you represent and warrant have the right, authority, and capacity to enter into this Agreement and will abide by all of the terms and conditions of this Agreement. Your access may be terminated without warning if we believe that you are under the age of 18 or are otherwise ineligible.


Key Terms


The following definitions will apply in this Agreement:

  • Account” means a registered Testfully (via app.testfully.io/signup) User account.
  • Agreement” means legally binding arrangement formed in accordance with these Terms of Service between Testfully and the Customer.
  • Australian Consumer Law” means the prevailing laws in regards to the sale of goods or services to consumers pursuant to the Competition and Consumer Act 2010 (Cth) as apply in each State or Territory of Australia.
  • Company” means Testfully Pty Ltd ABN 65647646179.
  • Content” means all information, data, text, software, music, sound, photographs, graphics, video, and other matter of any kind provided by Product.
  • Customer” means the individual or entity that has an Account and is paying the Subscription Fee for a Paid User.
  • Fee” means the payable amount to Company for the Services of Testfully.
  • Free User” means a User that registers for Free User Account; or is not required by the Company to pay a Fee for the Services associated with a Free User Account.
  • Paid User” means a User that has a Paid User Account, someone who has a payable fee to the Company.
  • Privacy Policy”, the Company’s statement that governs our handling practices of personal information. It is updated from time-to-time and accessible from here.
  • Testfully” means the Company’s set of software, applications, and resources, collectively referred to as “Testfully,” which the Customer has been granted access to under this Agreement.
  • Site” means the website accessible through testfully.io and app.testfully.io.
  • Subscription Fee” means the Fee payable for the Services associated with Paid User Account.
  • Third Party Services” means all third-party provider accounts that the Customer has linked to and/or integrated with Testfully.
  • User” means any of the Free User, Customer, Paid User, or Visitor.
  • Visitor” means a User that visits the Site and is neither a Free User nor a Paid User.
  • “Monthly” means a 30 days billing cycle.
  • “Yearly / Annual” means a 365 days billing cycle


The Product


Access to Product

Testfully will provide access to the Product in the event of:

  • You sign up for a free monthly plan of the Service before the earlier of (a) if you subscribe to one of the paid plans, or (b) if you decide to delete your account, or (c) termination of the free Service by Testfully.
  • If you sign up to the Service, during the Original Contract Term and any Renewal Contract Term(s), as defined in Contract Term” section below.


Free Plan

Testfully retains the right to restrict, terminate, or discontinue usage of Product and Service (or any part of it) under the Free Plan, either temporarily or indefinitely, at any time or from time to time, with or without prior notice to you.  You understand and accept that Testfully shall not be held liable to you or any third party for any adjustment or deactivation of Product and Service and that Testfully has no responsibility (explicit or implied) to provide or continue to provide, the Product, or any aspect of it, now or in the future.


Usage Limits

You consent to use the Product only for the reasons set out in these Terms and any relevant statute, legislation, or commonly agreed procedure in the applicable jurisdiction. Testfully may enforce certain limitations on the use of Product and Service, including, but not limited to, assigning certain ranges of test execution and storage capacity (including historical test execution data) to your Testfully account, as set out in Testfully’s pricing and subscription terms.Testfully may modify Limitations of Use from time to time. Nothing in this Agreement forbids Testfully from implementing any adjustment on usage. During the Original Contract Term, any usage changes would not affect you.


Product Evolvements and Modifications

Testfully may modify the Product from time to time, either by integrating or deleting features and functions to improve the experience. Nothing in this Agreement forbids Testfully from implementing any improvements, introducing new features or removing existing features.


Resale

You consent not to copy, replicate, sell, resell, rent, or exchange the Product (or any part of it) for any reason.


Feedback

Testfully shall provide you with an opportunity to send comments, information, feedback, and ideas regarding our company, products, or services (“Feedback”). The Feedback that you communicate to us will be considered as the property of Testfully, and Testfully shall be entitled to complete ownership rights, including but not limited to unrestricted right to use or disclose such Feedback in any form, medium, or technology now known or later developed, and for any reason, commercial or otherwise, without compensation to you.


Contract term and Renewal


Contract Term

Your Product Subscription (“Original Contract Term”) will begin on

  • the day you pay to subscribe and will expire at the end of the monthly (30 days) or yearly (365 days) cycle chosen in the subscription process, unless terminated sooner in compliance with this Agreement; or
  • the day you sign up for a Free Plan and will expire at the end of the monthly (30 days) cycle.


Auto Renewal

Unless you change your subscription to the free tier before the expiration of the Contract Term by logging into your account and choosing Settings > Billing > Billing Plan > Free Plan > Switch, this Agreement shall be automatically extended for a “Renewable Contract Period” :

  • on the most up to date terms and conditions of this Agreement;
  • for a term equal to the Original Contract Term.
  • subject to the pricing structure and usage levels available via Testfully’s pricing and subscription terms


Contract Cancellation

The Contract Term can be cancelled at any time by downgrading the plan to the Free plan via Settings > Billing > Billing Plan > Free Plan > Switch. Users will be able to use their paid plan up until the expiry date of the contract in which the Contract will be downgraded to Free Plan. Fees related to the Contract are not refundable.


Fees


Price Increases

Nothing in this Agreement forbids Testfully from implementing new pricing plans or price increase of the existing plans. During the Original Contract Term, any price changes would not affect you. At the start of each Renewable Contract Term, Testfully will charge you in accordance with the latest pricing structure.


Upgrading a Monthly Plan

If you select a monthly plan and choose to upgrade to a higher tier, subscription to the new plan starts immediately and any credit in your current billing plan will be used towards your subscription for the new plan. You will be charged the entire adjusted amount immediately.


Downgrading a Monthly Plan

If you select a monthly plan and choose to downgrade to another monthly tier, subscription to the new plan starts at the end of your current billing cycles.


Upgrading an Annual Plan

Should you choose an annual payment package and upgrade your contract by opting to subscribe to a higher annual tier, any extra costs will be prorated over the remaining days of the year or month for which you have pre-paid and credited to the applicable payment and your contract starts immediately.


Downgrading an Annual Plan

If you select an annual plan and choose to downgrade to another annual tier, subscription to the new plan starts at the end of your current billing cycles.


Partial Use Refund

Testfully does not offer discounts or credits for partial months of operation, package downgrades, or refunds for unused time, regardless of your billing period. Downgrading your plan level can result in the loss of content, functionality, or capacity in your account, for which Testfully takes no responsibility.


Payment

You agree to pay the applicable fees in order to utilise the Product. If your payment is late and/or your credit card cannot be processed, we retain the right to suspend or terminate your account and/or access to the Product. By providing your credit card details, you acknowledge and warrant that you are authorised to use the designated payment method and that you authorise us (or Stripe, our third-party payment processor) to invoice your payment method for the full amount of your subscription (including any applicable taxes and other charges). Your access to the Product may be suspended or canceled if the payment process cannot be validated, is invalid, or is otherwise unacceptable.


Late Payment

In the event of Customer fails to pay the full Fees as necessary, the Company reserves the right to suspend all User access to Testfully for that Account. If Fees are not settled within 28 days of being overdue, the Company will discontinue the Customer’s Account in Testfully and terminate this Agreement without warning.


Currency

Unless mentioned otherwise, all Fees are in US dollars.


GST

GST is applicable to all Fees charged by the Company for the Consumers in Australia. Unless otherwise stated, all Fees are GST inclusive.


Privacy Policy


When you use the Product, information that is obtained may include but is not limited to technical or diagnostic information relating to the use of the Product in order to maintain, develop, and optimise the Product. Cookies are used to allow Testfully users to use their dashboard, monitor visitors, and provide online support. You, therefore, accept, approve, and consent to Testfully and/or its affiliates transferring this information and some of your personal information to the United States, Australia, and/or other countries for storage, processing, and use in compliance with Testfully’s Privacy Policy.

Moreover, you accept that Testfully Pty Ltd can use your company name and/or logo to recognise you as a Testfully customer on client lists, publicity materials, and/or press releases.


Content


“Content” refers to any information provided or found as a result of using the Product. You acknowledge that you are wholly responsible for any Content you upload, download, publish, send, distribute, store, or otherwise make available by your use of the Product. You recognise that by using the Product, you may come across Content that you find insulting, indecent, or unacceptable. Testfully has no control over the Content published by the Product and makes no promises over its accuracy, integrity, or quality. You accept and consent that the use of the Product and its Content is entirely at your own legal risk. You agree that all Content on the Product, either publicly shared or privately transmitted, is the responsibility of the person where such Content originated.


Removal of Content

All communications from you to this website will be considered as non-confidential and non-proprietary except as otherwise stated in our Privacy Policy. You consent not to use Testfully to publish, link to, or solicit material that is defamatory, harassing, illegal, slanderous, harmful to minors, intimidating, pornographic, deceptive, misleading, or infringing on the intellectual or privacy rights of a third party. Testfully reserves the right to check your communications on this website or through the Product to determine compliance with the Terms, and therefore may pre-screen, transfer, refuse, modify, and/or remove Content at any time, without prior warning, and at its absolute discretion if such Content is considered to be in violation of these Terms or is otherwise objectionable.


Backups

You are responsible for backing up any Content that you store or access through the Product on your computer or another device. Testfully makes no promise or warranty that the Content you store or access through the Product will not be compromised, corrupted, or lost inadvertently.


Access to Your Account and Content

You consent that Testfully can access, use, preserve, and/or disclose your account information and Content as required by law or if we have a belief that such access, use, disclosure, or preservation is reasonably necessary to (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) identify, prevent, or otherwise fix protection, fraud, or technological issues; or (d) protect Testfully’s property and safety, its users, or third parties as necessary permitted by law. or (e) to provide you with customer support about the Product or to diagnose any problems you may encounter when using the Product.


Your Conduct


You consent not to use Product to:

  • Generate traffic against APIs for the purpose of DDOS attacks and service interruption
  • Plan or participate in criminal activity
  • Plan or participate in testing APIs where you don’t own or have the approval to test using the Product
  • Violate any trademark or other intellectual property rights, or to reveal any trade secret or confidential knowledge in breach of any confidentiality obligation;
  • Interfering with or disrupting Product


Software


Testfully’s Proprietary Rights

You consent that Testfully own all legal right, title, and interest in and to the Product, as well as all software (including any Content provided whatsoever) provided by Testfully or made accessible to you as a part of and/or in connection with the Product (the “Software”), including any all intellectual property rights that exist therein, either registered or not, and that you have no claim to them.


License From Testfully

You are granted a personal, non-exclusive, non-transferable, limited license by Testfully to use the Software as provided or made available to you as part of the Product and in accordance with these Terms; provided, however, that you do not (and do not allow anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless specifically authorised or necessary by law), sale, lease, sublicense, delegate, grant a security interest in, or otherwise assign any right in the Software or any part of the Product.


Software Updates

You may receive updates to the Software from Testfully from time to time as part of the Product. Bug fixes, feature additions or modifications, or completely new versions of the Software may be included with these updates. You accept that Testfully can automatically send such updates to you or provide such updates as part of the Product and that you will receive, and use them as necessary. You understand and accept that Testfully is not responsible or liable in any manner for any losses you might suffer or claim to have incurred as a result of the Software upgrades mentioned above, whether directly or indirectly.


Termination


Termination by You

Should you need to terminate your paid service, please downgrade your subscription plan to Free plan.


Termination by Testfully

Testfully reserves the right to cancel or revoke your account and/or access to the Product at any time, under certain conditions, and without prior warning. Testfully may terminate your account for a number of reasons, including but not limited to:

  • Any violation of the Terms or any other policies mentioned herein and/or posted on the Service;
  • A request by you to cancel or terminate your account;
  • Cessation or material modification of the Product or any part of it;
  • A subpoena and/or order from law enforcement, a judicial authority, or other government agency;
  • In the event of providing the Product to you is or could become illegal;
  • Your involvement in illegal or malicious activities.


Termination Effects

You shall not be entitled to a refund of any prepaid fees if you discontinue using the Product. You shall lose all access to the Product and the data stored by the Product if your account is terminated.



Third-party materials and/or hyperlinks to other websites, tools, or Content may be used with certain material, elements, or functionality of the Product. Since Testfully does not have control of such third-party sites and/or materials, you acknowledge and agree that Testfully is not responsible for the availability of such sites or resources, does not support or warrant the accuracy of any such sites or resources, and shall in no way be accountable or responsible for any Content, marketing, products, or materials on or accessible from such sites or resources. You also understand and accept that Testfully is not accountable in any manner for any losses you suffer or allege to have suffered as a result of your use and/or reliance on any such Information, ads, goods, or materials on or accessible from such pages or services, whether directly or indirectly.


Disclaimer of Warranties


Few jurisdictions do not allow the omission of such warranties, so some of the exclusions mentioned below do not apply to you if those exclusions are expressly forbidden by existing or obligatory legislation.

You accept and consent that the use of the Product is at your own legal risk and that the Product is given “as is” and “as available.” To the maximum degree allowed by statutory or necessary statute, Testfully and its affiliates, branches, officers, directors, staff, agents, partners, and licensors expressly disclaim all warranties of any kind, whether explicit or implied, including but not limited to the implied warranties of merchantability, fitness for a specific reason, and non-infringement. In addition, Testfully and its affiliates, branches, administrators, staff, officers, associates, and licensees do not provide any assurances that (a) your services will serve your requirements; (b) you will be able to use the Product immediately, without delay, safely or without any mistake; (c) any details you receive as a result of the service will be correct or credible, and (d) any fault or error in that relation.

Any information or content sent, saved, downloaded, and or retained by using the Product is undertaken at your own expense and discretion, and you will be entirely responsible for any harm to your computer or destruction or corruption of data that occurs from any use of the Product. You also agree that the Product is not designed or appropriate for use in situations or conditions where the failure or time delays of, or errors or inaccuracies in, the Product’s material, records, or information could result in death, personal injury, or serious physical or environmental harm. No oral or written advice or knowledge received by you from Testfully or by or from the service shall establish any warranty not explicitly specified in these terms.


Limitation of Liability


Few jurisdictions do not allow the omission of such limitation of liability, so some of the exclusions mentioned below do not apply to you if those exclusions are expressly forbidden by existing or obligatory legislation.

You acknowledge that Testfully and its subsidiaries, affiliates, branches, officers, directors, staff, agents, partners, and licensors shall have no liability to you for any direct, indirect, incidental, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, loss of business opportunities, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if Testfully has been advised of the possibility of such damages), resulting from (a) the use or inability to use the Product; (b) any adjustment made to the Product or any immediate or permanent cessation of the Product or any part thereof; (c) unauthorised access to or modification of your transmissions or data; (d) deletion, corruption, or failure to store and/or transmit or receive your transmissions or data on or through the Product; (e) any third-party statements or actions on the service; and (f) any other matter relating to the Product.


Indemnity


You agree to indemnify and hold Testfully, its subsidiaries, affiliates, branches, officers, directors, staff, agents, partners, and licensors, harmless from, any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party on account of your use of the Product in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, of any intellectual property or another right of any person or entity or applicable law. These include the following of any Content you submit, post, transmit, or otherwise make available through the Product and your violation of any rights of another.


Notices


Testfully may provide you with notices in writing and delivered to the parties at their respective addresses stated herein or at such other address such as email designated regarding the Product, including changes to these Terms and/or the Service.


Governing Law


These Terms of Service shall be construed and interpreted in accordance with the laws of Australia. Any action, suit, or proceeding relating to these Terms of Service may be brought in the appropriate court located in Sydney, New South Wales and you hereby consent to such jurisdiction in the state and federal courts within that District.


Force Majeure


When Force Majeure prevents a party from carrying out all or part of its duties under this Agreement, the other party may be notified as soon as possible. The notification must contain the following information:

  • Identify the obligations and the extent to which it is unable to meet them;
  • Describe the Force Majeure case in detail;
  • Estimate the amount of time the Force Majeure would last; and
  • Define the changes that will be made to resolve or mitigate the Force Majeure.

If Force Majeure prevents a party from performing its obligations under this Agreement, the party shall resolve the Force Majeure to the best of its ability and resume the performance of its obligations as soon as reasonably possible.

If Force Majeure prevents one party from carrying out its obligations under this Agreement, the other party shall take all necessary measures to minimise any damage incurred by the other party as a result of the other party’s inability to carry out its obligations. The period of Force Majeure would not exceed the term of this Agreement.


General


These Terms, including any exhibit or appendix, are equivalent to the entire agreement between you and Testfully and regulate your use of the Product. Additional terms and conditions may apply when you use affiliate providers, third-party content, or third-party applications or services. If any part of these Terms is considered null or unenforceable, that section shall be regarded in compliance with applicable law to represent the parties' original purposes as closely as possible, and the remaining parts shall remain in accordance with this act. Testfully’s refusal to exercise or execute any right or provision of these Terms shall not be construed as a denial of such right or provision. Except as explicitly specified in these Terms, you acknowledge that there shall be no third-party beneficiaries of this Agreement. Any translation of these Terms is undertaken for local conditions, and in the case of a discrepancy between the English and any non-English versions, the English version shall prevail. You accept that any allegation or cause of action you undertake arising out of or in regards with these Terms or the use of the Service must be brought within one year of the incident of the cause of action or be permanently barred.