These Terms of Service prescribe the general terms and conditions of use of the Software “bugbug” as well as other activities taken by the User as part of the functionalities provided by TestRevolution and provision of services by TestRevolution to the Users.
Any person willing to use the Software is obliged to become acquainted with these Terms of Service and accept them first. If you do not accept the provisions of these Terms of Service, you may not use or access the TestRevolution services. We provide these Terms of Service and other terms and conditions regulating services to all interested persons free of charge prior to conclusion of the Agreement, as well as—upon each request—in a way which enables such person to obtain, reproduce and record the wording of the Terms of Service by means of the used teleinformatic system. Detailed rules regarding use of the functionalities are available in dedicated Website tabs. Some special functionalities provided by TestRevolution are subject to terms and conditions which are additional and supplementary to these Terms of Service.
- Account: a service provided by electronic means by TestRevolution; a separated part of the Website bugbug.io dedicated individually to the User which enables the use of Services
- Agreement: the agreement concluded between TestRevolution and the User the subject matter of which is User’s use of the Software and other Services
- Demo: a free of charge licence authorising the User to use the Software in a limited scope
- Extension: a part of the Software to be installed in the Internet browser
- Force Majeure :an event which was not foreseeable by exercising care required within professional relations which remains beyond the control of both TestRevolution and the User, and which could not be prevented by them by exercising all due care; in particular an event of Force Majeure is deemed to include a hacker attack or introduction of malware to the Software
- Licence: the Software licence granted by TestRevolution to the User, regulated by these Terms of Service
- Maintenance Break: a break in access to the Software related to the necessity to carry out maintenance or modernisation works which prevents or hinders the use of Services
- Package: a variant determining the objective scope of Service and the scope of access to the Software selected by the User out of options offered by TestRevolution
- Services: services provided against charge (except for Demo) by electronic means by TestRevolution which consist in providing the Software functionalities designed, in particular, for conducting automatic tests
- Software: a computer program the proprietary copyrights to which are vested in TestRevolution and which may be used under the Licence granted by TestRevolution on the terms prescribed in the Terms of Service
- Subscription Term: the period of Service provision whose length is determined by the Package selected by the User and for which Fees are payable; The Subscription Term expires upon the end of the day which corresponds with its name or date to the commencement day of the Subscription Term, and if there is no such day in the following month—on the last day of the relevant month; a single Subscription Term constitutes a minimum term of User’s liability under the Agreement
- Terms of Service: these terms of service of the Website
- TestRevolution/Service Provider: TestRevolution sp. z o.o. with its registered office in Tarnowskie Góry (42-600), ul. Gliwicka 35, entered in the register of entrepreneurs of the National Court Register (KRS) by the District Court in Gliwice, 10th Commercial Division of the National Court Register under the KRS number: 0000832174, Tax Identification Number NIP: 6452563868, National Business Registry Number REGON: 385150770, share capital in the amount of PLN 50,000.
- User: a person with full capacity to perform acts in law using the Services on the terms prescribed in the Terms of Service for purposes connected with pursued business or professional activity
- Website: a website available at the URL address bugbug.io
§1 PRELIMINARY PROVISIONS
- TestRevolution does not place on its website any offers filed in electronic form within the meaning of the provisions of the Civil Code. In particular, the provisions pertaining to filing offers in electronic form do not apply in this regard.
- In order to use the functionalities of the Website, the User has to meet the following minimum technical requirements: (a) a device with the Internet access, (b) an active e-mail account; (c) an installed latest version of one of the following Internet browsers: FireFox, Opera, Edge, Chrome, Safari..
- In order to use the functionalities of the Software, the User has to meet the following minimum technical requirements: (a) a device with the Internet access, (b) using the Software by means of the Internet browsers Chrome or Chromium.
- The use of the Website is free-of-charge. The Software Licence, in turn, may be free of charge (Software Demo) or against charge (Packages).
- It is not allowed to provide unlawful content as part of Services, Website or the Software in a manner contrary to the provisions of the Terms of Service, applicable legal provisions, good practices and rules of social co-existence.
- The Website and its elements, including design and content, are protected by copyright or other rights related to intellectual property. Such elements may not be reproduced, distributed or published, as a whole or in parts, by the User without consent of TestRevolution. In particular, the User is not allowed under the Terms of Service to reproduce, disseminate, lend, dispose of or otherwise redistribute the Website elements, directly or indirectly, whether against charge or free of charge, otherwise than through TestRevolution.
- The Licence is granted to entrepreneurs, i.e. natural persons, legal persons and organisational units without legal personality pursuing business or professional activity on its own account.
- The Software is not intended for consumers. This means that it should not be used for personal, entertainment or other purposes not connected with business or professional activity.
- The Software is a computer program which requires appropriate knowledge and skills. Upon starting to use the Software in its paid or Demo version, the User declares that he/she or his/her employees or associates have appropriate knowledge and skills which enable proper use of the Software.
- If the User acts for or on behalf of a legal entity, e.g. a company or partnership, then he/she declares that he/she is fully authorised to do so. TestRevolution may verify the User, but it is not obliged to do so. The company or the abovementioned legal entity is held responsible for acts of the User.
- Within the frames of the Website functionalities the User may set up an Account. For this purpose, the User undergoes the registration procedure using the Website functionalities.
- By setting up the Account, the relevant person declares that he/she acts upon commission of the User and is therefore duly authorised to act for and on behalf of such User.
- Upon confirmation of the Account registration by TestRevolution, an Agreement is concluded between the User and TestRevolution for an unlimited period of time, subject to confirmation that the User is entitled or authorised to create the Account and conclude the Agreement. If the User is not entitled or authorised in the necessary scope, then the Agreement is invalid.
- The User may not assign his/her rights and obligations resulting from the Agreement without TestRevolution’s consent.
- The User may delete his/her Account at any time without providing reason by sending relevant statements at the e-mail address email@example.com or by using relevant functionalities of the Website.
- If the User deletes the Account, he/she is not authorised to claim reimbursement of any fees paid to TestRevolution. Removing his/her Account, the User waives his/her right to further use the Services paid-up under the Package.
- The User is responsible for any actions undertaken through the Account, unless the relevant Account has been illegally hacked. The User may not share the Account with third persons and is responsible for keeping his/her login and password confidential.
- If the User notices an unauthorized use of his/her Account, then he/she is obliged to immediately notify TestRevolution on this.
- The Software is designed to conduct tests of web applications and websites. TestRevolution reserves that if new software development techniques are invented which are not used at the time of creation of the Software, testing websites and applications created with their use may prove impossible.
- Using the Software and installing the Extension is possible only by means of the Internet browser Chrome or Chromium.
- The Software enables the User to conduct a test by recording all actions taken as part of testing a relevant website or application, in particular specific clicks and typed data, and replaying the recorded actions upon User’s request.
- The Software may be downloaded in its full version by purchase of one of the Packages available as part of the Website or in its Demo version made available by TestRevolution free of charge.
- If within the Agreement term TestRevolution independently changes, improves or updates the Software, then its new version will immediately be implemented and made available to the Users through the Services. The time for implementing an upgrade or update of the Software will correspond to the level of advancement and complexity of the implemented technical changes and may require a Maintenance Break. Such change does not constitute amendment to the Agreement.
- The Demo Software may be downloaded by means of the relevant functionalities of the Website.
- The Demo is subject to all provisions of the Terms of Service, also accordingly applicable to the conclusion of the Agreement and the effects of its termination or expiry, subject to the provisions related to the fee and the Subscription Term. The Demo version is designed to enable the User to verify the capabilities and the operation manner of the Software. The User is not authorised to use the Software in its Demo version in a broader scope, in particular the User is not authorised to use it as part of the pursued business or professional activity.
- TestRevolution reserves that the Software Demo may have a limited scope of functionalities as compared with the paid Software version.
§6 PACKAGES AND TERMS AND CONDITIONS OF SERVICE PROVISION
- As part of the Website functionalities the User may purchase a Package which authorises him/her to use the full version of the Software.
- Packages vary in their terms, scope of functionalities and limits connected with, among other things, the number of persons authorised to use the Software, the number of projects which may be executed as part of a Package and the number of tests which may be launched.
- All details of Package are published on the Website. The User should check such information and purchase the Package which suits his/her needs and the nature of the pursued activity.
- When ordering a Package, the relevant person declares that he/she acts upon commission of the User and is therefore duly authorised to act for and on behalf of such User.
- Upon receipt of confirmation of payment for the Package by TestRevolution, the Agreement between the User and TestRevolution is amended. The Agreement is concluded for a limited period of time corresponding to the Subscription Term.
- TestRevolution may refuse to conclude the Agreement in the following cases:
• data stated in the form are incorrect;
• the provisions of the Terms of Service or the law were violated in the course of selecting the Package and making the payment.
- Immediately upon concluding the Agreement against charge, the User obtains the possibility to use the Software functionalities resulting from the relevant Package.
- Upon the lapse of the Subscription Period, the Agreement will be automatically extended for another term corresponding to the lapsed Subscription Period, unless it has been terminated before. The principle provided for in the preceding sentence is applicable in the case of lapse of subsequent, extended Agreement terms.
- The User may terminate the Agreement at any time, with immediate effect in the case of free Agreements, or with the effect as at the end of the Subscription Term applicable at the time of filing the termination notice in the case of Agreements against charge. The termination notice should be filed by means of relevant Website functionalities. Termination becomes effective upon receipt of such statement of will by TestRevolution.
- The User may also purchase a Package during the term of another Package. In such a case, the newly purchased Package replaces the previous one, and the User is not authorised to claim reimbursement of any fees paid to TestRevolution.
- Upon downloading the Software Demo or making the payment for the Package, TestRevolution grants the User the Licence to use the Software.
- The licence referred to in clause 7.1 above is: i) non-exclusive; ii) without any limitations as to territory; iii) granted for a period resulting from the Package purchased by the User.
- In the case of the Demo Software, the Licence is free of charge and is granted only for the purpose of verification of the Software operation by the User and does not apply to any commercial action taken by the User.
- In the case of the full version of the Software, the Licence is paid (the Licence costs result from the Package selected by the User) and is granted for the purpose of conducting software development tests as part of the business or professional activity pursued by the User, in a scope resulting from the Package purchased by the User.
- The User is not authorised to grant sublicences (further licences) to any third parties.
- The Software is protected by intellectual property rights, in particular proprietary copyrights, vested in TestRevolution. TestRevolution reserves all rights to the Software, in particular the Extension, which are not granted to the User in an express manner under the Agreement. In particular, the Agreement does not authorise the User to: (a) reproduce, disseminate, lend, dispose of or otherwise redistribute the Software, directly or indirectly, whether against charge or free of charge, otherwise than through TestRevolution, (b) modify, reverse engineer or otherwise interfere in the Software, (c) use or develop the intellectual property belonging to TestRevolution for the purpose of creating own products and services, (d) use the intellectual property belonging to TestRevolution for an unlawful purpose or to the detriment of TestRevolution. Each behaviour which meets the foregoing prerequisites will be treated as a breach of the conditions of the Agreement.
- Payments for the Software are executed by means of the functionalities and websites provided by the payment operator or otherwise each time as prescribed on the Website.
- Payments are made by means of the functionalities provided by third parties, in particular the payment operator Stripe.
- The User is obliged to execute the payment immediately upon selecting and ordering a Package.
- Temporary non-availability of the functionalities and websites referred to in clause 8.1 above does not release the User from the obligation to make the payment upon restoration of their availability.
- In order to pay for the Package, the User selects a payment method available through the Website functionalities or services provided by third parties and follows displayed messages. TestRevolution is not liable for any damage incurred by the User as a result of use of the functionalities or websites of the payment operator and other third parties.
- Prices for Packages stated by TestRevolution are net amounts.
- Fees are non-returnable.
- TestRevolution is entitled to amend the terms and conditions prescribed by the Package pricelist, what does not constitute change of the Agreement within the Subscription Term in which the pricelist is changed. In the case of failure to terminate the Agreement in connection with the expiration of the Subscription Term, a new Pricelist becomes binding upon the User as at the commencement of the next Subscription Term.
- By accepting the Terms of Service, the User agrees to receive e-invoices at the e-mail address stated at registration on the Website and by means of the Website functionalities.
- If the User fails to pay the fee, upon the lapse of another payment date indicated in the payment reminder sent at the User’s e-mail address, TestRevolution may block the Software with the possibility to re-activate it upon settlement of the amount due. If the User fails to settle the amount due within another term set by TestRevolution, then TestRevolution has the right to terminate the Agreement with immediate effect.
- If the Service Provider fails to perform the Agreement for reasons attributable to it or if the fee is unduly charged, the User may be reimbursed for the fee in part or in full, in the manner in which it was charged.
- TestRevolution is not liable for any use of the Software and its functionalities by the User in violation of the provisions of the Terms of Service, law, good practice and other generally applicable rules.
- TestRevolution is not liable for actions taken by the Users as part of use of the Software. In particular, TestRevolution is not liable for possible damage in the tested environment by the User arising in connection with User’s use of the Software, unless such damage was caused by intentional fault of TestRevolution.
- If the User violated any rights of third parties by means of the Software functionalities, the User undertakes to release TestRevolution from any liability against third parties, and if it is necessary to pay any damages, penalties or other amounts ordered from TestRevolution in connection with the User’s violation.
- To the extent permitted by legal provisions TestRevolution is not liable for any damages incurred by the Users in connection with their use of the Software, unless they arose in connection with TestRevolution’s intentional action. At the same time, the liability of TestRevolution is limited to the loss actually incurred by the User and does not cover profits lost by the User.
- TestRevolution does not guarantee that the Software will be fully compatible with other programs or applications installed in a given environment and is not liable for any errors or damage arising in connection with such lack of compatibility. In particular, TestRevolution is not liable for the possibility to install the Extension on a given browser and for effects of such installation.
- TestRevolution provides teleinformatic infrastructure and ensures its smooth technical operation, what constitutes the scope of its liability for the System and Services.
- TestRevolution is not liable for damage caused by malware illegally introduced to the Software by the User or third parties and for damage resulting from short-term lack of access or hindered access to the Software caused by a Maintenance Break.
- With regard to the Agreements concluded between TestRevolution and the User, TestRevolution is held liable only in the case of culpable damage and to the extent of damage actually incurred by the User. In particular, TestRevolution does not grant any commercial guarantees in connection with the provision and use of the Services.
- TestRevolution’s liability is limited to the amount of three times the monthly fee for the highest Package.
- The User undertakes to cover any damage resulting from User’s action or omission in violation of the law or the Terms of Service. This includes User’s obligation to reimburse any costs incurred by TestRevolution in connection with seeking damages.
- The User is fully liable for the entities to whom he/she granted access to the Account.
- TestRevolution may terminate the Agreement with immediate effect (without termination period) in the following cases: i) the User uses the Software in a manner violating the granted Licence; ii) the User takes any action mentioned in clause 7.6 of the Terms of Service.
§11 PERSONAL DATA
- The User represents that he/she is the personal data controller within the meaning of Regulation of the European Parliament and of the Council of 27 April 2018 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) with respect to the personal data provided thereby in the course of use of the Software.
- TestRevolution guarantees that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of infringement of rights or freedoms of natural persons of varying likelihood and severity) it has implemented appropriate technical and organisational measures to ensure a level of security of the personal data processing appropriate to the relevant risk. TestRevolution further guarantees compliance with Article 28 clauses 2 and 4 of the GDPR.
- Upon starting to use the Software, the User transfer the personal data voluntarily provided by the User or person authorised thereby in the course of use of the Software to TestRevolution for processing.
- TestRevolution will process the transferred personal data only for the purpose of ensuring the correct operation and availability of the Software and eliminating possible errors or faults.
- TestRevolution processes the transferred personal data only upon User’s documented order. It is deemed that accepting the Terms of Service is tantamount to the User’s giving such order.
- TestRevolution ensures that only persons who have been granted the authorisations prescribed by the provisions related to personal data protection by TestRevolution and who have been trained in the scope of methods of securing the processing of data according to the new standards will have access to the data which TestRevolution processes on behalf of the User. TestRevolution also ensures that the persons authorised to process personal data agreed to keep secret the personal data as well as the methods of securing them, or that such persons be subject to the statutory confidentiality obligation, as well as have undertaken to abide by the provisions of the GDPR and other domestic regulations issued on the basis thereof.
- TestRevolution immediately provides the User with any information necessary to prove the fulfilment of the obligations prescribed by the generally applicable legal provisions referring to personal data protection. TestRevolution enables the User, as the data controller, or a professional auditor authorised by the User in the scope of audits to carry out audits, including inspections, and contributes thereto.
- Taking into account the nature of the processing, TestRevolution provides assistance by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in the GDPR. TestRevolution also assists the controllers in fulfilling the obligations prescribed in Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to the Service Provider.
- TestRevolution undertakes to notify the User on any breach connected with the processing of data. In particular, the Service Provider undertakes, immediately but no later than within 36 h from being advised thereon, to inform the User on any event which may give rise to User’s liability as the data controller, on the basis of the generally applicable provisions related to protection of personal data.
- The Service Provider may transfer the personal data transferred by the User for processing to other entities for the purpose of implementing the Software functionalities and within the frames of internal User service processes, i.e. to Google LLC, Microsoft Corporation, DigitalOcean LLC, Amazon Web Services EMEA SARL.
- TestRevolution will notify the User on any planned change involving engagement or replacement of other processors at least 7 (seven) business days before the planned date on which such another processor commences to process, thereby enabling the User to object to the use of another processor by TestRevolution. In the absence of such objection, the User is deemed to have given his/her consent to such change.
- TestRevolution undertakes to ensure that the provisions of the agreement concluded with the entity to which TestRevolution transfers personal data transferred for processing reflect the provisions related to data protection as agreed upon between TestRevolution and the User in the Terms of Service and the GDPR recommendations in this scope.
- TestRevolution declares that it will transfer personal data further only to entities which guarantee compliance with the GDPR provisions and protection of the transferred data.
- TestRevolution will delete all the personal data and their existing copies after the end of the provision of services to the User, unless the law of the European Union or a relevant Member State requires TestRevolution to store the personal data.
§12 TECHNICAL EFFICIENCY OF SERVICES AND COMPLAINTS
- TestRevolution makes every endeavour to ensure the correct operation of the Software and undertakes to ensure continuity of Services, subject to the provisions stated below.
- The liability mentioned above does not cover events and their effects which are connected with: malfunction of websites external towards the Software which remain beyond control of TestRevolution; problems caused by loss of data attributable to the User; unauthorised interference of the User or third persons with the System; events of Force Majeure; Maintenance Breaks.
- The User may file a complaint related to operation of the Software.
- The User files a complaint by: i) sending a letter to the address of TestRevolution, ii) sending an e-mail to the address [firstname.lastname@example.org].
- The complaint will be considered by TestRevolution within 14 days from the filing date. The User will be notified on the result of consideration by mail or e-mail.
- In order to quickly contact TestRevolution, the User may send an e-mail to email@example.com.
§14 AMENDMENT TO THE TERMS OF SERVICE
- TestRevolution may amend these Terms of Service due to material reasons, whether legal or technical, as well as in the event of change of the manner in which TestRevolution purses its activity and its business goals. The reason for any amendment to the Terms of Service is each time provided in the manner described below.
- The Users will be notified on any amendment to these Terms of Service by an e-mail sent 7 days before effective date of the new wording of the Terms of Service. If in turn the User fails to terminate the Agreement by the said date by filing an appropriate statement in the form of a document, he/she is deemed to have accepted the Terms of Service in their amended wording without reservations.
- The new version of the Terms of Service will only apply to Packages acquired after its effective date.
§15 FINAL PROVISIONS
- The governing law for liabilities resulting from the Terms of Service is Polish law. Any dispute arising between TestRevolution and the User will be referred to the court with jurisdiction over the registered office of TestRevolution.
These Terms of Service come into effect on: 01.04.2020