Terms and Conditions

Version: 27. December 2015

1. Scope of Application

1. These terms and conditions (hereinafter "GTC") govern the use of the website under the address https://www.testtailor.com (hereinafter “Site”) and all services offered by the TESTTailor GmbH (hereinafter “TESTTailor”) as well as any contracts entered into with a customer regarding the services offered by TESTTailor. The inclusion of the customer's own terms and conditions is hereby explicitly excluded unless expressly agreed beforehand between the customer and TESTTailor.

2. The use of and registration with TESTTailor is reserved solely for legally competent, natural or legal entities.

3. TESTTailor accepts customers only if they are entrepreneurs subject to § 14 BGB (German Civil Code).

2. Conclusion of Contract and Termination

1. By using the Site, but no later than the registration at TESTTailor (see section 4 GTC) the customer accepts the validity of these GTC.

2. The customer may cancel his TESTTailor account at any time without notice for any reason. The easiest way to cancel the TESTTailor account is to delete it in the "My Account" settings. A notice in writing (fax/email/post) is also accepted. Visit https://www.testtailor.com/imprint/

for contact details.

3. TESTTailor can also cancel the TESTTailor account of a customer at any time and without stating reasons. A termination notice must be presented in writing (fax/email/post).

4. In case of any contract claims existing between the parties when a termination becomes effective these claims shall remain unaffected by the termination.

5. If a customer wants to make use of TESTTailor’s testing services, we ask the customer to contact TESTTailor in this regard and request a quotation (Booking Request). The conclusion of a contract regarding any services to be provided by TESTTailor in connection with a customer’s project is subject to the statutory provisions as well as, where applicable, further provisions agreed upon between the parties.

3. Prices and payment

1. The services from TESTTailor are subject to costs. The respective fees shall apply as specified on the price list at the time of the conclusion of the contract, unless otherwise agreed between the customer and TESTTailor.

2. TESTTailor will invoice the fees at the end of each calendar month. Invoices are payable within 14 days.

4. Registration

1. The customer must register at the Site in order to use the services of TESTTailor.

2. For the purposes of registration, the customer must provide valid information about himself (company name, website address thereof (if applicable), phone number, first name, last name and email address) as well as a password of his choice and accept these GTC and the Privacy Policy under https://www.testtailor.com/privacy-policy/.

3. The customer is obliged to keep his personal information up to date and correct. Any necessary adjustments can be made in his account at any time or via notice to the TESTTailor customer service.

4. Moreover, the customer can submit additional voluntary information in order to make more effective use of the services of TESTTailor.

5. Customer service

For questions and/or problems in connection with the services of TESTTailor the customer can contact TESTTailor Customer Service via email. The email address of the customer service team is: kontakt@testtailor.com.

6. Obligations of the Customer

1. To use the services of TESTTailor, the customer has to meet the technical requirements at his own expense. The customer must bear the costs for accessing the internet and any potential costs resulting from the internet connection himself as these are not included in the benefits of TESTTailor. Should the technical standards of the internet or the Site change the customer must adapt to these changes at his own expense.

2. A customer account is not transferable and may only be used by the customer in whose name it is registered. Passwords must be stored securely and be protected against abuse. The customer is liable for any damages caused by third parties as a result of negligence and/or the intended transfer of passwords and/or login data.

3. Misuse of any services of TESTTailor is prohibited including but not limited to the following actions:

. data of TESTTailor is tampered with, deleted, suppressed or destroyed,

. material of unconstitutional organizations or unconstitutional, in particular racist, ideas are distributed,

. pornography is distributed,

. offenses against personal dignity, in particular,insult or slander are committed,

. offences against legal regulations (g. Criminal Code, Youth Protection Act, Privacy Act, Copyright Act, unfair competition or trademark law) or is in violation of these GTC.

4. The following actions of customers and other third parties are also prohibited:

. use of mechanisms, software or scripts in connection with the use of the Site which are likely to affect the operation provided by TESTTailor offers, applications, etc.,

. blocking, overwriting, modifying and copying of information of any kind, unless this is necessary for the proper use of the services of the Site,

. changing the source code or other components of the Site,

. use of software and/or other means, which are not provided by TESTTailor to save, permanently modify, copy, or use the content provided in an unlawful manner or otherwise,

. any action that is likely to affect the functionality of the infrastructure of the Site especially excessive overload of the Site,

. unauthorized use of TESTTailor services for the testing of the source code of other applications without proper authorization from the rights holder.

5. TESTTailor reserves the right to ban customers who violate these GTC temporarily or permanently at its sole discretion.

7. Intellectual Property

The customer acknowledges and agrees that TESTTailor is reserves all rights to the intellectual property of the offered services, and all associated applications, websites and other content. The customer guarantees not to affect such intellectual property in any way.

8. Liability of TESTTailor

TESTTailor is fully liable to the customer for any damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty, and for other damages based on an intentional or grossly negligent breach of duty. For damages incurred due to slight negligence, TESTTailor shall only be liable in the event of a material breach of contractual obligations and only to the extent of foreseeable damages typical for the contract. TESTTailor uses its best efforts to provide high quality services and thus ensure that the test results are substantiated. However, TESTTailor can accept no liability for the test results provided to the customer. TESTTailor therefore does not guarantee that any errors are found during the course of the test even if the tested application is not actually error free.

9. Availability of the TESTTailor services

The customer acknowledges and agrees that permanent availability of TESTTailor services is technically impossible to achieve, especially in the case of necessary maintenance and security updates as well as events that are beyond TESTTailor’s control. TESTTailor is not liable for damages resulting thereof.

10. Unlawful content / message

1. TESTTailor expressly dissociates itself from illegal, especially racist, extremist, pornographic, inflammatory or offensive content.

2. If, despite careful examination, TESTTailor should not become aware of any such content, TESTTailor asks customers who notice such illegal content to notify TESTTailor in writing (post, fax or email) and provide as much information as possible with which the identification of the relevant content can be made so that this can be checked and/or deleted.

11. German version shall prevail

In case of a discrepancy between the translation of these Terms and Conditions from German into other languages, the German version in terms of the discrepancy is applicable.

12. Amendment of Terms and Conditions

1. TESTTailor reserves the right to modify these Terms and Conditions at any time subject to reasonable notice of at least six weeks. An announcement of the changes will be made by posting the amended terms, stating the date of enforcement, on the website.

2. If the customer does not object within six weeks of publication, the amended Terms and Conditions shall be deemed accepted. The importance of the six-week period is indicated separately in the announcement of the change.

3. If a timely objection is made by the customer to the changes to the Terms, TESTTailor is entitled, whilst respecting the legitimate interests of the customer, to terminate the existing contract with the customer on the date on which the change comes into force. Corresponding contents of the customer will then be deleted from the database. The customer shall not have the right to make any claims against TESTTailor resulting hereof.

13. Final Provisions

1. If any term or provision of these Terms and Conditions shall be held invalid or unenforceable, the remaining terms hereof shall not be affected but shall remain valid and enforceable to the fullest extent permitted by law. The parties hereto shall use their best efforts to substitute such invalid or unenforceable provision by a valid, legal and enforceable provision, which, in so far as practicable, is in line with the economic purpose of the invalid or unenforceable provision. This shall also apply to contractual loopholes.

2. As far as legally admissible, place of performance and jurisdiction shall be at the seat of TESTTailor.

3. German law shall apply under exclusion of International private law and the UN-buyers law, taken over to German law.

© 2015 TESTTailor. All rights reserved.