This Terms of Service is effective from May 25, 2018.
Key changes: Introducing “Cooling-off Period” and updated refund policy.
The previous version can be found here.
Welcome to TrackTest.eu (“TrackTest”, “we”, “us”, “our”), the website and online service owned and operated by Tracktest s.r.o. (“TrackTest”).
Access to and use of password-protected or secured areas of the Service is restricted to authorised users only. You will be asked to provide accurate and current information on all registration forms on this website. You must be human, accounts registered by “bots” or other automated methods are not permitted. You may not use the Service for any illegal or unauthorised purpose. Without limited the foregoing, you may use the Service only in accordance with the use parameters of your account’s plan level (“Plan Level”), including user limitations, and you agree not to circumvent such limitations. If you create an account on the website, you are responsible for maintaining the security of your account and password, and you are fully responsible for all activities that occur under that account and any other actions taken in connection with the account. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials you are exposed to through this website. If you violate your obligations under this section, you may be subject to prosecution. TrackTest will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, posted or linked here. TrackTest may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Prices for all Services are subject to change but will not affect already paid Service during its validity. TrackTest also reserves the right to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. TrackTest shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
TrackTest is not a subscription-based Service. All services provided by TrackTest to individual users are paid on a one-time basis and in advance. After the expiration of your annual Service licence, you will be asked to make a new order for renewal of your Service licence.
You may be entitled to change your mind and receive a full refund within fourteen (14) days from the payment (the “Cooling-off Period”), provided that you have not started the tests or otherwise redeemed the Service during the Cooling-off Period. You can request the refund by contacting TrackTest Support.
In the event you cancel your Service after starting the tests or after the 14 days from the payment, you shall receive no refund for any unused time on a Service validity, any license or subscription fees for any portion of the Service, any content or data associated with your Account, or for anything else.
TrackTest, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future of the Service, or any other TrackTest service, for any reason at any time. Such termination of the Service will result in the suspension or deletion of your Account or your access to your Account. TrackTest reserves the right to refuse service to anyone for any reason at any time.
As between you and TrackTest, TrackTest and its licensors exclusively own all right, title, and interest in and to the Service. All materials, including without limitation any improvements there to, updates, software, images, text graphics, illustrations, logos, patents, trademarks, service marks, and copyright in connection with TrackTest, are considered property of TrackTest and its licensors and are protected by the copyright laws of the Slovak Republic. Other trademarks, service marks, graphics, and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any TrackTest or third party trademarks. Materials that are viewed, printed, and/or downloaded from this website are to be used only for personal use and may not be used for any commercial purposes. No materials may be copied, reproduced, modified, republished, uploaded, posted, distributed, or transmitted, without prior written consent from TrackTest. The use of such materials is strictly prohibited as such unauthorised use may violate copyright, trademark, or other laws.
All communications from you to this website, in the form of comments, questions, or general feedback, will be considered non-confidential and non-proprietary. You agree that any such communications will be deemed the property of TrackTest and shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such communications, for any purpose, without compensation to you. TrackTest may provide TrackTest users with forums where they can post content to our website. TrackTest does not necessarily endorse, support, or agree with content posted by external users. You agree not to post any unlawful, abusive, offensive, sexually oriented, obscene, defamatory, harassing, profane, or otherwise indecent information of any kind, including without limitation any communications that would constitute a criminal offence, give rise to civil liability, or violate local, state, national, or international law, or infringe upon another organisation’s copyright or trademark. You agree that you are solely responsible for the content of your communications and their legality under all laws.
We have not reviewed, and cannot review, all of the material, including software, made available through the websites and webpages to which TrackTest.eu links, and that link to our Service. TrackTest does not have any control over those non-TrackTest websites or webpages, and is not responsible for their contents and their use. By linking to a non-TrackTest website or webpage, TrackTest and our TrackTest Service does not represent or imply that it endorses the website or webpage. You are responsible for taking the precautions necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content. TrackTest disclaims any responsibility for any harm resulting from your use of third-party or non-TrackTest websites or webpages.
You agree to indemnify, defend, and hold TrackTest harmless from and against any and all third-party claims, liabilities, damages, losses, or expenses, including attorneys’ fees, arising out of, based on, or in connection with your access and use of this website, including but not limited to your violation of this Agreement.
The Service is provided by TrackTest on an “as is”, “as available” and “with all faults” basis. TrackTest hereby expressly disclaims all warranties and conditions of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Without limiting the forgoing, TrackTest does not warrant that the Service will meet your specific requirements, that the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Service will be complete, accurate, or reliable, that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
You expressly understand and agree that to the maximum extent permitted by applicable law in no event shall TrackTest, its affiliates, partners, or suppliers be liable for any indirect, indirect, incidental, special, consequential or exemplary damages including, without limitation, damages for loss of profits, cost of replacement goods, goodwill, use, data or other intangible losses (even if TrackTest, its suppliers, partners or affiliates advised of the possibility of such damages), including any such damages that result from the use of, or the inability to use this Service. Under no circumstances will TrackTest be responsible for any damage or injury resulting from hacking, tampering or other unauthorised access or use of the Service or your account or the information contained therein. To the maximum extent permitted by applicable law, TrackTest assumes no liability or responsibility for (I) errors, mistakes, or inaccuracies of content; (II) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (III) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (IV) any interruption or cessation of transmission to or from the Service; (V) any bugs, viruses, trojan horses, or the like that may be transmitted through our service by any third party; and/or (VI) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the service. In no event shall TrackTest, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs that exceed the amount of fees paid by you to TrackTest under this agreement during the twelve (12) month period prior to the cause of action.
These Terms of Service and all matters relating to your access and use of the Service shall be governed by the laws of the Slovak Republic without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction. For any dispute or proceeding arising from or relating to your use and access to the Service, you agree shall be brought exclusively in the courts located in the Slovak Republic and you expressly agree to be subject to the jurisdiction and venue of such courts.
If you have any questions regarding the Terms of Service, please contact firstname.lastname@example.org.