By using the Apphance.com web site ("Service"), or any services of uTest Apphance ("uTest Apphance"), you are agreeing to the following terms and conditions ("Terms of Service").
uTest Apphance reserves the right to revise these Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new versions, tools or resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the current version of the Terms of Service at any time at: www.apphance.com/terms-of-use
Violation of any of the terms below will result in the termination of your account. While uTest Apphance prohibits such conduct and content on the Service, you understand and agree that uTest Apphance cannot be responsible for the content posted on the Service and you may be exposed to such materials. You agree to use the Service at your own risk.
- No Accounts registered by "bots" or other automated methods are allowed. These accounts will be removed upon detection.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. uTest Apphance cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts associated with your application).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Customers may access their Service account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that uTest Apphance shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if uTest Apphance has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to uTest Apphance via the API may result in the temporary or permanent suspension of your account's access to the API. uTest Apphance, in its sole discretion, will determine abuse or excessive usage of the API. uTest Apphance will make a reasonable attempt via email to warn the account owner prior to suspension.
- uTest Apphance reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Modifications to the Service and Prices
uTest Apphance reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- uTest Apphance does not pre-screen Content, but uTest Apphance and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is © 2012 uTest Apphancel rights reserved. The name and logos for uTest Apphance are trademarks of uTest Inc.
Means all materials created, developed and provided by to you in connection with or arising from the Service including without limitation the Issues and crashes reported by users and all other elements of the Service provided by uTest Apphance like content, visual interfaces, information and graphics.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that uTest Apphance uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, uTest Apphance, or any other uTest Apphance service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by uTest Apphance.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any uTest Apphance customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
- (a) transmissions over various networks; and
- (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by uTest Apphance) of other uTest Apphance customers, we reserve the right to immediately disable your account or throttle your hosting until you can reduce your bandwidth consumption.
- uTest Apphance does not warrant that
- the service will meet your specific requirements,
- the service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- any errors in the Service will be corrected.
15. You expressly understand and agree that uTest Apphance shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if uTest Apphance has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service;
- or any other matter relating to the service.
16. The failure of uTest Apphance to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and uTest Apphance and govern your use of the Service, superceding any prior agreements between you and uTest Apphance (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to uTest Apphance via our contact form.