Ubertesters License and Terms of Service

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1. Definitions

"Agreement"
means this License and Terms of Service Agreement, and all documents and information incorporated herein, as the same may be changed from time to time according to its terms.
"Ubertesters",
"we", "us",or "our" refers to Ubertesters (Ubertesters Inc.), a corporation formed under the laws of the state of Delaware, USA, which offers the Services (including the Software and outsourcing) described on the Site and pursuant to this Agreement.
"Ubertesters SDK"
means the Ubertesters Software Developer Kit, which is Software Code provided to you in both Object Code and Source Code format that you license under this Agreement to implement in a User App that you develop. The Ubertesters SDK Code can detect when the User App has an error or crashes and sends information to Ubertesters regarding such error or crash. Ubertesters compiles such information so that you can troubleshoot and debug your User App Code.
"Code"
means computer programming code and includes the following: (a) "Object Code" means computer programming code which is intended to be directly executable by a computer after suitable processing and linking but without the intervening steps of compilation or assembly; and (b) "Source Code" means computer programming code in a form other than Object Code form, and related programmer comments and documentation, which may be printed out or displayed in human readable form, among other forms.
"End User"
means your customer that licenses a User App to use on his or her mobile device on a specified Mobile Platform.
"Intellectual Property"
means the legal rights of, in, and to the following, established under the laws of any jurisdiction: (a) patents, patent applications, know-how and inventions and invention disclosures; (b) copyrights and works of authorship, including without limitation Software Code, textual, mask, audiovisual works, "look and feel," and works that are derived from or based upon any of the foregoing; (c) trademarks, service marks, trade names, and trade dress, together with all goodwill associated therewith; (d) trade secrets; (e) all rights to control the disclosure, use or reproduction of any information, whether established by contract or otherwise; (f) moral rights, rights of authors and creators, and design rights; (g) "digital rights"; (h) any rights analogous to those set forth in the preceding clauses; and (i) any applications, registrations, divisions, combinations, continuations, renewals, reissues, extensions and translations of the foregoing (as applicable).
"Mobile Platform"
means the hardware/software environment for laptops, tablets, smartphones and other portable devices, including Android, iOS, HTML5, WP and Windows 8 and such further platforms as may be supported by us from time to time.
"Ubertesters Platform"
means the Service that allows for bug tracking & editing, performance monitoring/ management, and other analytics to be performed for the Customer App(s), and any documentation for such Service.
"Open-Source Components"
means any Code that is subject to any open-source copyright license agreement, including any GNU General Public License or GNU Library or Lesser Public License, or other license agreement that substantially conforms to the Open Source Definition as prescribed by the Open Source Initiative or otherwise may require disclosure or licensing to any third party of any source code with which such software component is used or compiled.
"Open Source Licenses"
refers to the licenses we have to use and distribute the Open Source Components in our Software.
"Privacy Policy"
means our privacy policy located at the Site, currently at https://www.ubertesters.com/privacy governing our use of your information, as described in this Agreement. The Privacy Policy is incorporated into, and considered a part of, this Agreement
"Services"
mean, collectively, the Software and all other Ubertesters information, Documentation, products and services made available to you through the Site or otherwise that assists you and our other customers in monitoring and debugging their Code, including any User App.
"Features"
means the features and functionality of the Service you select in the Subscription Order and/or are otherwise made available to you by Ubertesters, including without limitation Fees, payment terms, number of Authorized Accounts, and access to any application programming interfaces and integrations of the Service with any third-party products or services. "Site" means the website of Ubertesters located at the URL www.Ubertesters.com, together with all pages and subdomains thereof and all content and functionality therein.
"Software"
means the Ubertesters SDK and any other Code created, owned or licensed by Ubertesters offered as part of the Services. The Software, including the Ubertesters SDK, shall include without limitation any updates, modifications or improvements thereto or derivative works thereof, as well as any related Documentation.
"you",
or "your" refers to you, as the user of the Site and the Services.
"User App"
means a software application created by you that are to be run on a Mobile Platform and that include the Ubertesters SDK for identifying errors and crashes and reporting them to Ubertesters.
"Fees"
means the Service fees, if any, payable by you to Ubertesters, as described in the Subscription Order and changed from time to time in accordance with these Terms.
"Subscription"
means the Service with the Features identified in the Subscription Order.
"Subscription Order"
means the physical, electronic or online Ubertesters order form, as applicable, which is accepted by Ubertesters and describes your Subscription.
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2. Legal Capacity; Binding Agreement.

To enter into this Agreement, and thereby use the Site and Services, you must be at least 18 years old. If you wish to use the Services as an employee of another person or business, or you seek authorization for such business to use the Site and Services, you must have the ability to bind the business/employer. If an individual is entering into this Agreement on behalf of, or to bind, an entity, the term "you" used herein refers to all employees and authorized agents of such entity that may use the Site or the Software. It is the entity's/employer's responsibility to ensure all of its employees and agents understand and abide to the terms of this Agreement.

As noted above, this Agreement is a binding legal contract between you and Ubertesters governing your use of the Site and the Services. Notwithstanding, if you and Ubertesters enter into a separate signed agreement or license that states that it superseded this Agreement, in whole or in part, this Agreement shall not apply to your use of the Site and Services to the extent of such modifications.

To the extent you are a paying customer and have agreed to pay specified fees to Ubertesters, as described in any order or other submittal to Ubertesters, for additional features and functionality of the Services, this Agreement shall be deemed modified to include such additional features and functionality. None of the legal terms and conditions of this Agreement will be modified without express language to the contrary agreed to by Ubertesters. You shall be entitled to access the Site and Services pursuant to this Agreement, as modified, only so long as you are current in your payment obligations. If any payment is not made when due, we may suspend or terminate your access and use of the Services.

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3. License

Site.
Ubertesters owns and operates the Site. The documents and other information and content available on the Site are protected by international and United States Intellectual Property laws. Ubertesters grants you a limited license to view, use and copy the Site for the sole purpose of reviewing the Site to learn more about Ubertesters or the Services, including as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of Ubertesters. Subject to these Terms, Ubertesters gives you a personal, worldwide, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason. All copyright and other proprietary notices on any portion of the Site must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of all or any part of the Site, including any underlying Code, is strictly prohibited. Ubertesters and its suppliers reserve all rights not granted in this Agreement. Ubertesters supports the Free plan for only 1 account from a given company.
Software.
Ubertesters will provide the Ubertesters SDK to you in Object Code and/or Source Code. Ubertesters hereby grants to you a nonexclusive, limited, non-transferable, revocable and non-sublicensable license to install, use, and copy Ubertesters's SDK for the purpose of debugging, monitoring, developing and operating your User App. You may include the SDK in your User App, and distribute the User App that contains the Ubertesters SDK to your End-Users. All such distribution is subject to an End-User license that (a) grants only a limited license to use the User App on the applicable mobile devices on a specified Mobile Platform, (b) disclaims all warranties and liabilities by and on behalf of Ubertesters, and (c) prohibits decompilation and reverse engineering of the Ubertesters.
Ubertesters provides only the Code related to the Services-you must obtain and configure all required computer hardware, software and telecommunications services to access the Site and the Services.
You agree that we may from time to time issue upgraded versions of the Ubertesters Platform, and may automatically electronically upgrade the version of the Ubertesters Platform that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to any upgrades.
Services.
Subject to your continued compliance with this Agreement, during the term of this Agreement, we grant you a non-transferable right to access and use any results, reports or information generated with respect to the performance of your User App.
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4. Data

4.1
Data Rights. In connection with the operation of the Service Ubertesters collects, receives, and generates data in connection with your use of the Service (such data, "Customer Data") and in connection with App Users' use of the Customer App(s) (such data, "App User Data"). You grant Ubertesters the worldwide, perpetual, irrevocable right to (i) access, use, store, display, disclose and transfer Customer Data and App User Data in connection with providing the Service to you, operating and improving the Service, developing new products and services, and for Ubertesters's other business purposes (provided that Ubertesters will not disclose or transfer Customer Data or App User Data in a manner that specifically identifies you or App Users without your consent, except as otherwise set forth in this Section 4.1); (ii) access, use, store, display, disclose, and transfer Customer Data and App User Data as may be required or permitted by law or legal process, or to protect Ubertesters's rights or property (including without limitation, enforcement of Ubertesters's agreements) or the rights, property, or safety of any person or entity; and (iii) display, disclose and transfer Customer Data and App User Data (a) to third- party vendors who perform services for Ubertesters and are bound by confidentiality obligations; and (b) to an acquirer, successor, or assignee, and its legal representatives, in connection with any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Customer Data or App User Data is transferred to a third party as one of Ubertesters's business assets. You further grant Ubertesters the worldwide, perpetual, irrevocable right to display, disclose, transfer and sell Customer Data and App User Data when it is aggregated with other information or otherwise is not specifically identifiable to you or the App User(s).
4.2
Data Limitations. You must not transfer to Ubertesters, and must not modify, configure or use the Ubertesters Integration Code or any other aspect of the Software or Service to track, collect, or to cause to be collected by or transferred to Ubertesters, any App User Data that is personally identifiable information, financial information, health information, medical information, pharmaceutical information, information regarding children under 13 years of age, or other sensitive information (for example, Social Security Numbers), or that is used to target advertising to individual devices or App Users. You shall be solely responsible for ensuring that the Customer App(s) and your use of the Service, including without limitation your provision of App User Data to Ubertesters through the Ubertesters Integration Code and any other provision of App User Data to Ubertesters by you or on your behalf, comply with all applicable laws, rules, regulations, industry self-regulatory regimes and third-party contracts, terms and policies, including without limitation relating to the collection, use and disclosure of App User Data as contemplated by these Terms, and for obtaining all consents, authorizations and clearances from App User(s), third-party software application markets and any other third parties that may be required in connection therewith.
4.3
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
4.4
Data Restrictions: No User shall submit, upload to, distribute through or otherwise post to the Site (including any Interactive Feature) any material that: (a) Is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense; (b) Contains any advertising, promotional, solicitation or other commercial material, including the uniform resource locator ("URL") of a User's own website, unless the website in question relates directly to a project on the Site; notwithstanding the foregoing, testers may post the URL of a website containing a portfolio of sample works or the tester's resume; (c) Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use; (d) Infringes any copyright, trademark or patent, incorporates any material that constitutes a trade secret of a third party, or violates any property rights, rights of privacy or publicity or any other rights of any third party; or (e) Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
4.5
By establishing an Account, as a default, you hereby grant Ubertesters an irrevocable, world-wide, royalty free license to use your company and Application’s logo and trademarks (“Customer Trademarks”) in our web site or any other marketing materials in order to endorse Ubertesters' Services and to promote Ubertesters' Services in the framework of cooperation with third parties. To edit such default, please send us an e-mail to info@ubertesters.com.
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5. User Guidelines

At all times, you agree to use the Site and Services in accordance with this Agreement and in accordance with all applicable federal, state, and local laws, ordinances, and regulations. In all circumstances, as a condition of your use of the Site and/or the Services, you agree that you will not use the Site or Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Site or the Services (or the network(s) connected to the Site) or interfere with any other party's use of the Site or Services. Ubertesters will take whatever lawful steps we deem appropriate, at our sole discretion, to detect and prevent any such activities.

In order to maintain the functionality and usability of the Site for all of our customers, it is important that each such customer follows the rules and guidelines described in this Agreement. We reserve the right to deny further access to the Site or the Service to any user who violates this Agreement, is the subject of complaints by others, for any other reason, or for no reason at all.

Ubertesters will treat any feedback or suggestions you provide to Ubertesters as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Ubertesters to the contrary, you agree that you will not submit to Ubertesters any information or ideas that you consider to be confidential or proprietary.

We may suspend your access to the Site and the Service at any time if we determine that such action is appropriate to (A) prevent errors or any other harm with respect to the Service or the Site; (B) respond to your breach of this Agreement, or (C) mitigate or other limit our damages or liability.

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6. Accounts.

Account Registration. In order to use the Service, you will have to register for a Ubertesters account on the Site. Ubertesters will collect as Customer Data any personally identifiable information that you provide to Ubertesters in the course of registering for an account. Ubertesters may indicate that some personally identifiable information is required for you to register for the account, while some is optional. You may be given the option to access or register for the Services through the use of your user name and passwords for certain services provided by third parties (each an "Integrated Service"), such as through the use of your Google credentials. By doing this, you authorize Ubertesters to access and store as Customer Data the credentials you provide, your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that the Integrated Service makes available to Ubertesters, and to use and disclose it as Customer Data in accordance with these Terms. You should check your Google or other Integrated Service privacy settings to understand and change the information sent to Ubertesters through Google or other Integrated Services. Please review each Integrated Service's terms of use and privacy policies carefully before using their services and connecting to the Services. You agree that the information you provide or authorize third parties to provide to Ubertesters upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

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7. Intellectual Property Rights.

The Site (including all of its contents, features and functionality) and the Software, including but not limited to all information, Code, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Ubertesters and/or its Affiliates, or other providers of such material and are protected by international Intellectual Property laws. Other than as expressly provided in the licenses granted hereunder, you must not (a) copy or modify any materials from the Site; (b) use any illustrations, photographs, video or audio sequences or any graphics from the Site; (c) copy any text or information from the Site, or (d) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site or the Software.

With regard to any Software, except in accordance with this Agreement or with any other executed license or agreement you have with us, you may not (a) alter or reverse-engineer, or create any derivative works, of all or any portion of the Code; (b) remove, circumvent, disable, damage or otherwise interfere with any security features; (c) gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;

In the event any third party alleges that we are infringing on its rights in its own Intellectual Property, we reserve the right to respond to such claims as we determine. We may determine to terminate the allegedly infringing Services, without replacement, or we may identify alternatives that are not infringing and make them available to you.

"Ubertesters" and other related graphics, logos, service marks, and trade names used on the Site and in the Services are the trademarks of Ubertesters and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners. Except as expressly set forth herein, we retain all rights to our trademarks.

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8. Modification.

8.1
Changes to these Terms. Ubertesters reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you. Ubertesters will post the revised Terms within the Service, and your continued access and use of the Service will be subject to the revised Terms. Therefore, you should periodically visit this page of the Site to examine the then current Agreement. For the avoidance of doubt, any data provided to or collected by Ubertesters through the Service, including without limitation all Customer Data and App User Data, prior to any revision of the Terms will be governed by the revised Terms accepted by you.
8.2
Ubertesters reserves the right, at any time, to modify, suspend, or discontinue the Site or the Services or any part thereof with or without notice. You agree that Ubertesters will not be liable to you or to any third party for any modification of the Site or modification, suspension, or discontinuance of the Site
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9. Privacy.

Your use of the Service is subject to the Ubertesters Privacy Policy located at [the Privacy Policy], which is hereby incorporated into and made a part of these Terms by reference, and subject to change as provided in the Privacy Policy. The use of certain Features may require you to enter into another agreement with Ubertesters, as determined by Ubertesters, in its sole discretion. You are responsible for regularly reviewing the Privacy Policy, as Ubertesters may change its terms from time to time in Ubertesters's discretion according to its terms.

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10. Third Party Links and Information.

The Site may contain links to other websites, apps or other content operated or provided by third parties. Such third party content is not under the control of Ubertesters. Ubertesters is not responsible for such content or any link contained in a third party website. Ubertesters provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites.

Ubertesters is not responsible for any content or materials posted on the Site by you or our other customers or users of the Site. Any opinions and views expressed are those of the individual and do not reflect our opinions and views. Information submitted by others may not be verified or reviewed in any way before it appears on the Site. Therefore, we do not warrant the validity or accuracy of any such information. Please use caution and common sense when using the Site or the Services.

In no way do we endorse the content or legality of any offers, statements, or promises made by any other parties on or off the Site.

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11. Fees, Payment.

11.1
Payment Method. You authorize Ubertesters or its third party payment providers to charge you for all Fees by the payment method indicated on the Subscription Order ("Payment Method"). Without limiting the foregoing, if you choose to have payments automatically charged to your Payment Method, you authorize Ubertesters or its third party payment providers to charge you the Fees automatically in accordance with the Subscription Order. You acknowledge and agree that any credit card and related billing and payment information that you provide to Ubertesters is deemed to be Customer Data and may be shared by Ubertesters with companies that work on Ubertesters's behalf, such as payment processors and/or credit agencies, for the purpose of checking credit, effecting payment to Ubertesters and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method.
11.2
Fees. You agree to pay Ubertesters all Fees incurred under your accounts for all Services to which you or anyone else who uses your accounts subscribe pursuant to this Agreement. If your Payment Method fails or your accounts are past due, (a) you agree to pay all amounts due on your account upon demand, (b) Ubertesters may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with Ubertesters), (c) Ubertesters reserves the right to either suspend, block or terminate your Services, or your account with Ubertesters, and/or (d) you agree to pay a late fee of 1.5% per month, or the maximum charge permitted by law, whichever is less. All Fees are due and payable in U.S. dollars. You are responsible for paying any and all withholding, sales, value added or other taxes, duties or charges applicable to these Terms, other than taxes based on Ubertesters's income. All Fees are non-refundable unless otherwise provided by law. Notwithstanding the foregoing, you will be given a refund of the Fees you have paid in advance for the unused portions of the Term if the Service is permanently discontinued by Ubertesters or if these Terms or your Subscription is terminated by Ubertesters for any reason other than as provided in this Section 11 and or because of Termination for Cause. Ubertesters reserves the right to change the Fees payable by you for the Service for any Renewal Term, by written notice prior to such Renewal Term, and otherwise during the Initial Term or any Renewal Term, upon 30 days' prior written notice to you.
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12. Non-Solicitation.

You acknowledge that Ubertesters's employees and contractors are a valuable asset and are difficult to replace. Accordingly, during the Term and for a period of 12 months afterward, you will not directly solicit as an employee or independent contractor any of Ubertesters's employees or contractors.

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13. Disclaimer of Warranties.

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Ubertesters spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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14. Limitation of Liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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15. Termination of Use.

You agree that Ubertesters may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

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16. Provisions applicable to customers using outsourcing testing services:

Any Company making use of the Site hereby acknowledges and agrees that, with respect to testing services, Ubertesters functions as an intermediary connecting Companies with Testers or hiring on-demand testers for the purpose of evaluating and providing software testing services. It is the customer's own responsibility to interview the tester prior to approving him to conduct the testing services. Ubertesters makes no representations or warranties, unless expressly provided, as to the quality of services provided by the Testers. No guarantee is given that any or all test objects (such as, but not limited to, bugs, test cases, user stories, test data, test scripts, and other test objects implemented by Ubertesters from time to time, collectively, "Test Objects") in connection with a Company's software will be found, diagnosed, or resolved as a result of engaging Testers through the Site.

UBERTESTERS DOES NOT GUARANTEE THE PARTICIPATION OF A MINIMUM NUMBER TESTERS, REPORTED OR APPROVED TEST OBJECTS, OR COVERAGE PERFORMED BY THE TESTER COMMUNITY.

Companies may purchase On-demand testing services for various lengths of time or Fixed Fee & On-Site Tester Services.

A Company must either accept or decline new Test object reported by Testers three (3) days after receiving the test report from Testers or Ubertesters. If no claim is received from customer within the three (3) days period, you agree to pay Ubertesters for all Test Objects reports which are either approved or declined by you. You are responsible for the timely analysis, testing, approving and fixing of bugs and other Test Objects reported by Testers.

You agree not to use your Ubertesters account to post false or misleading project descriptions. You may not post project descriptions that are inappropriate for Ubertesters' audience, viewers, or visitors, as more fully described below. Ubertesters shall have sole discretion, in determining the appropriateness of any content posted to or available through its web site. You shall not falsify your identity or the identity of any third-party. You agree to comply with all of Ubertesters' specified policies.

You represent and warrant that your content will not include incomplete, false or inaccurate information about your Company, any User or any other individual. You hereby agree to indemnify Ubertesters and its affiliates from and against any costs, expenses liabilities and fees (including legal fees) relating to any claims which result from or relate to your breach of the foregoing these Terms of Service. By submitting content to the Site (including, but not limited to creating your account; posting a profile, posting a portfolio, posting a testing project/cycle; or sending messages through or to the Site), you hereby grant to Ubertesters a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform such content. Providing links to content hosted on servers other than that of the Site (such as a portfolio of sample works hosted on your own web site) will not be considered submitting such content for purposes of this license grant.

You agree and acknowledge that Ubertesters may aggregate and share anonymous information with third parties, including data related to general testing time, standards, average number of bugs found and other Test Artifacts reported, the number of bugs fixed, and additional aggregated statistical reports regarding Companies' applications that are being or have been tested. Ubertesters will not specify any Company's name or provide personal information relating to the Company (including e-mail addresses, accounts or financial information), but may mention the business areas or industries in which Companies operate and the type of applications or software being tested.

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17. Governing Law.

This site (excluding any linked sites) is controlled by us from our offices located in the state of New Jersey, USA. It can be accessed from countries around the world. As each of these places has laws that may differ from those of the USA, by accessing this site both of us agree that the statutes and laws of the USA, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the state of New Jersey, USA with respect to such matters.

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18. Contact Information.

Except as explicitly noted on this site, the services available through this site are offered by Ubertesters Inc. (DBA Ubertesters) located at 72 S. Maple Ave. Ridgewood, NJ 07450, USA. If you notice that any user is violating these Terms of Service, please contact us at INFO@UBERTESTERS.COM (Version: TOS 2.0)