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Terms & Conditions

This document was last updated on 26 Oct 2021
THIS DOCUMENT DESCRIBES THE TERMS OF USE THAT APPLY TO TESTAPP.IO PLATFORM AND ITS APPLICATION, WHETHER MOBILE OR OTHERWISE AND ALL ITS SERVICES. PLEASE TAKE A FEW MINUTES TO READ THIS DOCUMENT BEFORE ACCESSING AND/OR CREATING A MEMBER ACCOUNT AND/OR SIGNING IN OUR PLATFORM AND/OR MOBILE APPLICATION AND/OR USING OUR SERVICES.
Terms of Use
1. General
These Terms of Use along with the Privacy Policy and any document herein mentioned set forth the terms of use governing the use of TestApp.io Platform and the mobile application (“App”).

TestApp.io Platform along with its App and Portal (portal.testapp.io), including our  Services, hereafter will be collectively referred to as “TestApp.io” and/or “We” and/or “Us”.

These Terms of Use and our Privacy Policy constitute a contractual agreement between you and TestApp.io.
BY ACCESSING AND/OR CREATING A MEMBER ACCOUNT AND/OR SIGNING IN AND/OR USING OUR PLATFORM AND/OR APP AND/OR SERVICES, YOU SIGNIFY YOU HAVE READ, ACCEPTED AND AGREED TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY, PLEASE DO NOT ACCESS AND/OR CREATE A MEMBER ACCOUNT AND/OR SIGN IN AND/OR USE OUR PLATFORM AND/OR APP/ AND/OR SERVICES. YOUR ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS AND REGULATIONS IN ANY JURISDICTION.
Please carefully read the definitions applicable to these Terms of Use and our Privacy Policy in Section 23 set out below.
2. Our Details
Our information is as follows:

Business name: TestApp.io FZ-LLC
Registration number: 16379/2020
Address:
Al Barsha,
The Iridium Building, Ground floor, 17,
Umm Suqeim Road,
P.O. Box 391186, Dubai UAE

Email: [email protected]



3. Our Services
3.1 TestApp.io allows developers to share their applications created for iOS and Android mobile operating systems, with friends, family, colleagues, clients or any contact, during the developing process, in exchange of receiving appropriate feedback from the above to improve and accordingly, launch such applications in Apple Store and Google Play Store (“Services”).

3.2 TestApp.io is not similar to any platform currently existing in the market. Its purpose is essentially focused on allowing Developers the releasing of their applications to their contacts in order to get their feedback while providing the details on how to install the APK or IPA hence, easily getting quick feedback, for both Android and iOS, all in the same place.

3.3 TestApp.io is targeted for in-development, non-production applications or releases only.

3.4 You may signup as a developer on our Portal to enjoy our Services (“Developer Member”), and invite friends, family, colleagues, clients or any contact (“Invited Member”) to signup with us to obtain their comments or feedback about your applications in development.

3.5 Our Portal allows the following:

a) Create Applications: You may easily create your applications in Android and/or iOS releases.

b) Invite Members: You may invite a new contact, or a registered Member on our Platform (Developer Members and/or Invited Members) to test your application and provide you with their feedback.

c) Upload a Release: You will be able to upload application package files for Android (APK) and/or iOS (IPA) for any of our Members  to install them from our App.

d) Get Feedback:You may receive private feedback from any Member through our Chat feature easily installed with our App.

3.6 Our App allows you to:

a) Install any release of your applications to privately receive feedback from any Member (Android and iOS).

b) Grant access to selected Members so they may access a specific chat to provide their feedback with other Members.

d) Keep your Invited Member up-to-date with new releases, feedback, chat, invites and any changes to your application.

3.7 Member Developers may invite as many contacts as they wish as Invited Members  to release its applications to and get their feedback in return.

3.8 Developer Members may, at any time, revoke the permissions granted to test its Application to any Invited Members on our Platform.

3.9  Invited Members may grant or revoke permissions, at any time, regarding the management of its applications or releases, to other Invited Members and/or any Developer Members. In any event, the Invited Member or the Developer Member may visualize the details of the Devices of other Invited Members and/or Developer Members and latest release version.

3.10 TestApp.io does not include Software Development Kits (SDK), given our Platform does not collect any analytics or crashes.

3.11 Chat features:

a) TestApp.io offers chat features for Developer Members and Invited Members. Chat messages may be in the form of “Text” and “Attachments”.  

b) Developer Members and Invited Members may, at any time, delete any message in our Chat and/or report to us any message or content of any kind sent and/or posted and/or shared and/or provided by another Developer Member and/or Invited Member which implies a breach to the provisions set out in these Terms of Use and/or our Privacy Policy.

c) Please note that TestApp.io is not responsible for the attachment content or content sent by any Developer Member and/or Invited Member while using our chat features. For more details about our limit of liability,  please read Section 17 of this Terms of Use.

3.12  TestApp.io reserves the right to modify, restrict, suspend, or discontinue all or part of the Services, either temporarily or permanently, without notice, for any or no reason whatsoever.
4. Platform Eligibility
4.1 Eligibility  to sign up on our Platform and App, is subject to the following conditions:

a) Use of TestApp.io and its Services is strictly available only to persons who can enter into legally binding contracts as prescribed under local and/or international applicable law.

b) Individuals who are above the legal age as prescribed by applicable laws, as to being competent to enter into a legally binding contract, are eligible to use TestApp.io  and its Services.

d) Individuals who are below legal age as prescribed by applicable laws (“minor”), as being incompetent to enter into a contract, including but not limited to un-discharged insolvents, who cannot create legally binding contracts under law, are not eligible to use TestApp.io and its Services.

4.2 Developer Members and  Invited Members should provide true, accurate, complete and relevant information, at all times where such information is required.

4.3 TestApp.io reserves the right to confirm and validate the information and other details provided by each Developer Member and/or Invited Member at any time. If upon confirmation, any of the Developer Member and/or Invited Member details are found to be wholly or partially inaccurate, incorrect, fraudulent and/or unlawful, then TestApp.io, will have the right in its sole discretion to immediately restrict such Developer Member and/or Invited Member from the access and/or use of TestApp.io and Services and  reject and/or cancel the relevant Member Account including any Subscription Plan, without prior written notice whatsoever.

4.4 Without prejudice to any other rights available, TestApp.io has the right to file a claim against any Developer Member and/or Invited Member for providing inaccurate, incorrect, fraudulent and/or unlawful information, in addition to any other legal remedies available.
5. Members Conduct Rules
5.1. Developer Members and Invited Members must not use or attempt to use the Platform and/or App and/or Services for any activity that may:

a) Violate any applicable local, national or international law or regulation.

b) Use our Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair our Platform and/or App.

c) Infringe intellectual property rights, or other rights, property of other Developer Members and/or Invited Members and/or any third party.

d) Impersonate any person or entity or otherwise misrepresent its affiliation with a person or entity.

e) Request personal information from any Developer Member and/or Invited Member and/or third party and/or request passwords or personally identifying information for unlawful purposes.

f) Upload, post, transmit, share, store or otherwise make publicly available on our Platform and/or App any private information of any Developer Member and/or Invited Member and/or third party.

g) Harm or attempt to harm others.

h) Upload any mobile application and/or software and/or similar that contains and/or displays any message, text, graphic, photo, video or material of any kind, unlawful, prohibited, fraudulent, harmful, threatening, abusive, infringing, defamatory, harassing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable (“Prohibited Content”). i) Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Platform and/or its App and/or its Services or any property, devices, mobile application, software, services, networks or data connected to, or inter-operating with TestApp.io and any Developer Member and/or Invited Member or to any content, mobile application, software or data stored, accessed or delivered through our Services, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature.

j) Apply reverse engineering or decompile to the Platform and/or its App and/or its Services, with any purpose.

k) Use our Platform and/or Application to provide or build a product or service that competes with TestApp.io Services.

l) Change, modify or otherwise alter our Platform and/or App and/or Services.

m) Collect or store personal data without the knowledge and express consent of any Developer Member and/or Invited Member and/or any  owner of personal data.

n) Promote any fraud, deception or theft.

o) Send and/or post and/or promote and/or provide and/or share information about illegal activities and/or that implies and/or is related to, drug trafficking, and/or money laundering and/or with any person or organization designated as a terrorist or terrorist organization by the government of any country or by any international organization ("Illegal Information").


5.2. TestApp.io reserves the right, in its sole discretion, at any time and without prior notification, to remove:

a) Any application or release uploaded on our Platform and/or App that implies any misuse of our Services, including but not limited to any spamming, hacking or other illegal practices that may lead to wrongfully benefiting from our Services.

b) Any application or release uploaded which contains and/or displays and/or shares and/or provides any Prohibited Content and/or Illegal Information and/or any manner that implies a breach of these Terms of Use and/or our Privacy Policy.

5.3. TestApp.io will also remove or block at any time and in its sole discretion,  without prior notification, any Prohibited Content and/or Illegal Information, sent and/or posted and/or shared and/or provided by any Developer Member and/or Invited Member on the Chat features.

5.4. You may report to us, at any time, any event relating undesired conduct by another Member in the Platform, in regards to the applications and/or  Prohibited Content and/or Illegal Information uploaded and/or sent and/or posted and/or shared and/or provided by any Developer Member and/or Invited Member through our Platform and/or App that imply a breach of these Terms of Use and/or our Privacy Policy, by sending an email to: [email protected].  

5.5. Please note that any failure to comply with these Members Conduct Rules and/or any provision of these Terms of Use and/or our Privacy Policy will result in the cancellation of your Member Account registered on TestApp.io.
6. Upload Policy
6.1. Developer Members may grant permission to any other Developer Member or Invited Member to upload any release on their application, to either Android or iOS, so it may be immediately visible in our App.

6.2. TestApp.io collects the required information from each Developer Member´s applications or release when such applications are uploaded in our servers, to help the Developer Members understand more about what they are uploading and how many Developer Members and Invited Members are available and are eligible to install the release on their Devices from our App. For more details about the information collected by us, please read Section 5 in our Privacy Policy.
7. App Use License
7.1. TestApp.io hereby grants each Developer Member and Invited Member a non-exclusive, non-transferable and non-licensable license, while these Terms of Use are in force, for the use of our App and Services ("Use License"), including any updates, subject to Developer Members and their Invited Members accepting these Terms of Use and our Privacy Policy.

7.2. Developer Members and Invited Members expressly agree to the Use License hereby granted by TestApp.io, and that such is non-exclusive, non-transferrable and/or licensable, and provided on a temporary basis and that it may be withdrawn or revoked by TestApp.io at any time. All rights not expressly granted are reserved.
8. App Updates
8.1. TestApp.io may, from time to time, and without the Developer Member´s and/or  Invited Member´s separate permission or consent, deploy an upgrade or update of, or replacement for the App and/or any Service. As a result of any such deployment the Developer Member and/or Invited Member may not be able to use our Services (or certain Services) until any such update is fully installed or activated. Each update will be deemed as part of our Services for all purposes under these Terms of Use and our Privacy Policy.

8.2. Please note that updates may include both additions to, and removals from, any particular features or functionality offered by our App and/or Services or may entirely replace it, and TestApp.io will determine the content, features and functionality updated in its sole discretion.

8.3. TestApp.io is not required to offer the Developer Member and/or Invited Member, the option to decline or delay Updates but, in any event, the Developer Member and/or Invited Member may need to download and allow any installation or activation of all available updates to obtain the best benefit with the App and our Services.

8.4. Please keep in mind that TestApp.io may stop providing Support until the Developer Member and/or Invited Member has accepted and installed or activated all App´s updates.

8.5. TestApp.io, in its sole discretion, will determine when and if updates are appropriate and will have no obligation to make any updates available to the Developer Member and/or Invited Member.

8.6. TestApp.io, in its sole discretion, may stop providing updates for any version of our App other than the most current version, or updates supporting the use of our App and Services in connection with any versions of operating systems, email programs, browser programs and other software with which the App and/or Services provided by us are designed to operate with.
9. Registration on our Platform
9.1. You must register on our Platform and create an account ("Member Account") in order to access and use our Services. During the registration process, TestApp.io will require you to provide your name and/or last name, email address and create a password.

9.2. You will be exclusively responsible for maintaining the confidentiality of your Member Account and password, and for restricting access to any third party.

9.3. You are responsible for all activities carried out under your Member Account login and through the use of your password.

9.4. You agree to immediately notify us if any unauthorized use of your password or Member Account occurs, as any other breach of security, and must ensure to logout from your Member Account at the end of each session.

9.5. We will take all reasonable measures to protect your information against accidental or unlawful destruction, loss, unauthorized access, including measures to encrypt such information. For more details about our data protection practices, please read our Privacy Policy.
10. Subscription Plans
10.1. TestApp.io  offers a Starter Subscription Plan with the following benefits:

- Free, with no monthly fees.
- Includes upto 1 Application.-
Allows 2 releases.
- Includes Chat features.
- Allows feedback from other Members.
- Notifications.
- Allows to invite unlimited contacts (Invited Members).
- Includes release management.

10.2. TestApp.io also offers paid Subscription Plans (Lite or Pro), with the following features:

-For various Applications.
- Allows various releases.
- Includes Chat features.
- Allows Feedback.
- Includes notifications.
- Allows to invite unlimited contacts (Invited Members).
- Includes release management.
- Allows capture screenshots.
- Allows slack integrations; CI/CD integrations; and JIRA integrations.
- Allows record screen.

10.3. Our Subscription Plans  may easily be paid through our Portal,  by the payment methods described on Section 11 below. The prices of our Subscription Plans are available on our Portal.

10.4. TestApp.io shall have the exclusive right to change any Subscription Plan at the end of the subscription term or during Subscription Plan renewals. Any  changes on the Subscription Plans charges will be duly notified to you by email.

10.5. After payment of the relevant Subscription Plan, TestApp.io will send you the confirmation of your payment and the Subscription Plan purchased to the email address provided by you during the registering process on our Platform.

10.6. If you fail to pay your relevant subscription charges, or the payment is due or subject to request, you shall immediately make the payment within three (3) business days from our notice. Failure to do so may result in immediate suspension or termination of your Member Account  and will restrict or cancel  the right to use all Services to the respective Subscription Plan.

10.7. Payment on Subscription Plans includes any taxes, levies, duties, including but not limited to value-added tax, sales or use tax, withholding tax imposed and/or assessed by any local, state, provincial governmental authority or by any foreign government. Please note that it is your bounden duty and responsibility to pay such taxes except those taxes that are assessable and payable by TestApp.io  on its income.
11. Payment Method
11.1. TestApp.io accepts the following payment methods ("Payment Methods"): Debit cards and Credit Cards.

11.2. TestApp.io does not store your Payment Methods information. All payment details entered through our Platform and/or App are encrypted by us. Communications to and from our Platform and/or App are also encrypted.

11.3. TestApp.io will not provide any information about your Payment Methods to any third-party companies or individuals unless required to by law, regulation or court order.

11.4. Please keep in mind that Payment Methods details provided by you  should be legitimate, valid and accurate, and you should only use Payment Methods legally owned by you.
12. Cancellations and Refunds
12.1. You may cancel your Subscription Plan at any time by sending an email to the following address: [email protected].

12.2. Once we receive the email referred above,  we will  immediately process your cancellation request  and will refund the amount paid into the original Payment Method used by you.
13. Termination of these Terms of Use and our Privacy Policy
13.1. These Terms of Use and our Privacy Policy will immediately terminate upon your breach of any of the obligations set in hereof and/or our Privacy Policy which will result in your Member Account cancellation.  We reserve the right to any other remedies available under law in the event that you breach any of the obligations under these Terms of Use  and/or our Privacy Policy.

13.2. You have the right to request us to cancel your Member Account and Subscription Plan at any time, in which case these Terms of Use and our Privacy Policy will terminate immediately.

13.3. In any event of termination of these Terms of Use and our Privacy Policy  you must leave our Platform and App immediately and suspend the use of our Services and delete or destroy all copies to the App in your possession or control.
14. Intellectual Property
14.1. Each and every intellectual property right and copyright held by TestApp.io in relation to the Platform and Application, including its Services; as any inventions; patents; trademarks; logos; business secrets; domain names; portals or websites and its contents; software; source codes; and know-how and all related products, among others, that currently exist and/or that have existed in the past and/or that may exist in the future with respect to TestApp.io and its Platform and/or App and/or Services ("Intellectual Property"), are the exclusive property of, and belong solely to TestApp.io. Likewise, you expressly accept that all moral and patrimonial rights to Intellectual Property belong solely and exclusively to TestApp.io.

14.2. You expressly agree not to reproduce and/or disclose and/or use in its own benefit or for the benefit of any third parties, in its original or translated form, or in any other way, whether directly or indirectly, any Intellectual Property belonging to TestApp.io.

14.3. You expressly accept that the use of the Platform and/or Application and/or its  Services, including the creation of your Member Account, is exclusively limited to the provisions established in these Terms of Use and our Privacy Policy, and that you have no right to claim any right or interest of any kind on the Platform and/or the Application and/or the Services and/or the Intellectual Property  belonging to TestApp.io. and/or any other right associated or arising from such Intellectual Property.
15. Platform Maintenance
TestApp.io will make its best efforts to provide and/or make the Platform and its Application, including its Services, available in an uninterrupted manner to you. However, the Platform  and/or its Application and/or Services may be subject to downtime and/or may not be available temporarily due to scheduled maintenance activity initiated by TestApp.io and such scheduled maintenance activity may be notified  through email by TestApp.io. In addition, the Platform and/or its Applications and/or Services may be unavailable due to unscheduled emergencies and/or for other causes beyond TestApp.io reasonable control and for such unscheduled emergencies prior notice shall not be given by TestApp.io.
16. Technical Support
TestApp.io  provides technical support to assist you in using our Platform and App as well as  our Services. In order to receive a proper response on any technical support request, you must send your request by email to the following address: [email protected].
17. Disclaimers, Warranties and Limitation of Liability
17.1. TESTAPP.IO DOES NOT PROVIDE WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS, SUCCESS FOR A PARTICULAR PURPOSE OR USAGE AND NON-INFRINGEMENT BECAUSE TESTAPP.IO IS PROVIDED AND IS MADE AVAILABLE ON AN “AS IS” BASIS  WITH THE EXCLUSIVE PURPOSE OF ALLOWING YOU TO SHARE APPLICATIONS IN DEVELOPMENT, WITH OTHER DEVELOPER MEMBERS AND INVITED MEMBERS,  AND RECEIVING APPROPRIATE FEEDBACK TO IMPROVE AND ACCORDINGLY,  LAUNCH SUCH APPLICATIONS IN THE APPLE STORE AND GOOGLE PLAY STORE.

17.2. TESTAPP.IO ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, FITNESS, RELIABILITY OR USEFULNESS OF ANY ADVICE AND/OR OPINION AND/OR COMMENT AND/OR FEEDBACK AND/OR MESSAGE AND/OR OTHER INFORMATION OF ANY KIND SENT AND/OR POSTED AND/OR SHARED AND/OR PROVIDED BY ANY DEVELOPER MEMBER AND/OR INVITED MEMBER THROUGH OUR PLATFORM AND/OR APP.

17.3. YOU  EXPRESSLY ACCEPT AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY  TO CARRY OUT ALL RESEARCH THAT YOU MAY CONSIDER NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY INTERACTION AND/OR COMMUNICATION ONLINE WITH ANY DEVELOPER MEMBER AND/OR INVITED MEMBER ON OUR PLATFORM AND/OR APP.

17.4. YOU EXPRESSLY AGREE TO HOLD TESTAPP.IO HARMLESS FROM ANY CLAIMS, COMPLAINTS AND DAMAGES, ACTUAL AND CONSEQUENTIAL, OF ANY TYPE AND NATURE, KNOWN AND UNKNOWN, IN REGARDS TO ANY DISPUTE BETWEEN YOU AND ANY DEVELOPER MEMBER AND/OR INVITED MEMBER.

17.5. YOU  EXPRESSLY AGREE THAT THE USE AND ACCESS OF THE PLATFORM AND/OR APP AND/OR SERVICES, INCLUDING ANY APPLICATION AND/OR SOFTWARE AND/OR DATA SHARED AND/OR UPLOADED AND/OR DOWNLOADED OR ACCESSED FROM OR THROUGH OUR PLATFORM AND APP, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE AND/OR SOFTWARE AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF SUCH APPLICATIONS, DATA AND/OR SOFTWARE.

17.6. TESTAPP.IO DOES NOT WARRANT AND DISCLAIMS THAT ITS PLATFORM AND APPLICATION WILL BE AVAILABLE AND/OR PROVIDED IN A TIMELY, SECURED MANNER, UNINTERRUPTED, FREE FROM ANY ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER MALICIOUS SOFTWARE.

17.7. TESTAPP.IO DOES NOT WARRANT THAT THE OPERATION OF OUR PLATFORM AND/OR APP AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE PLATFORM AND/OR APP AND/OR SERVICES WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE.

17.8. TESTAPP.IO  SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY, FOR THE SUSPENSION, CANCELLATION, TERMINATION OR DISCONTINUATION OF OUR SERVICES DUE TO ANY CAUSE OR REASON.

17.9. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL TESTAPP.IO  BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY.

17.10. TESTAPP.IO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU AND/OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL LOSS INCLUDING BUT NOT LIMITED TO DATA LOSS AND/OR BUSINESS INTERRUPTIONS AND/OR LOSS OF PROFITS AND/OR SALES AND/OR  BUSINESSES LOSS AND/OR LOSS OF ANY KIND, DUE TO ANY FACT WHICH YOU AND/OR ANY THIRD PARTY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF THE FORESEEN AND/OR UNFORESEEN LOSS AND/OR DAMAGES.

17.11. TESTAPP.IO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES DIRECTLY OR INDIRECTLY, TO YOU AND/OR ANY THIRD PARTIES, FOR:

A) ANY PROHIBITED CONTENT AND/OR ILLEGAL INFORMATION, INCLUDED AND/OR SENT AND/OR DISPLAYED AND/OR SHARED ON ANY APPLICATION UPLOADED BY ANY DEVELOPER MEMBER AND/OR INVITED MEMBER.

B) ANY PROHIBITED CONTENT AND/OR ILLEGAL INFORMATION SENT AND/OR POSTED AND/OR SHARED AND/OR PROVIDED BY ANY DEVELOPER MEMBER AND/OR INVITED MEMBER THROUGH OUR PLATFORM AND/OR APP AND/OR SERVICES.

C) ANY APPLICATION AND/OR RELEASE WHICH MAY CAUSE DAMAGES OR HARM TO ANY DEVELOPER MEMBER AND/OR INVITED MEMBER AND/OR THIRD PARTY AND/OR TO THEIR DEVICES.

17.12. YOU EXPRESSLY AGREE THAT IT WILL BE YOUR SOLE RESPONSIBILITY ANY  LIABILITY ARISING FROM:

A) ANY DAMAGES OR HARMS CAUSED TO ANY DEVELOPER MEMBER AND/OR INVITED MEMBER AND/OR THIRD PARTY BY ANY APPLICATION AND/OR RELEASE UPLOADED BY YOU ON OUR PLATFORM AND/OR APP.

B) ANY PROHIBITED CONTENT AND/OR ILEGAL INFORMATION SENT AND/OR POSTED AND/OR SHARED AND/OR PROVIDED BY YOU TO ANY DEVELOPER MEMBER AND/OR INVITED MEMBER AND/OR THIRD PARTY.

17.13. YOU AGREE THAT IN CASE OF DIRECT LIABILITY ARISING OUT OF ANY SUBSCRIPTION PLAN TO, OR USE OR EMPLOYMENT OF OUR SERVICES, WITHOUT ANY FAULT ON YOUR SIDE, THE TESTAPP.IO’S AGGREGATE LIABILITY SHALL BE LIMITED TO THE SUBSCRIPTION CHARGES PAID DURING THE MONTH PRIOR TO THE INCIDENT GIVING RISE TO SUCH DIRECT LIABILITY. UNDER NO CIRCUMSTANCES, THE TOTAL LIABILITY SHALL EXCEED ONE MONTH SUBSCRIPTION CHARGES.

17.14. TESTAPP.IO WILL NOT BE LIABLE FOR ANY PAYMENT ERRONEOUS, AND/OR ILLEGAL AND/OR FRAUDULENT INCURRED WITH YOUR PAYMENT METHOD DUE TO INACCURATE AND/OR INCORRECT,  FRAUDULENT AND/OR UNLAWFUL INFORMATION PROVIDED BY YOU. ANY LIABILITY ARISING FROM ANY ERRONEOUS, ILLEGAL  FRAUDULENT ACTS INCURRED BY YOU WITH YOUR PAYMENT METHOD IS YOUR SOLE RESPONSIBILITY AND TO PROVE OTHERWISE SHALL BE EXCLUSIVELY ON YOU.

17.15. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY OF TESTAPP.IO SET FORTH IN THESE TERMS OF USE AND OUR PRIVACY POLICY WILL NOT LIMIT OR EXCLUDE OUR POTENTIAL LIABILITY FOR ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.
18. Changes of these Terms of Use and our Privacy Policy
18.1. We reserve the right to modify all or part of these Terms of Use and/or our Privacy Policy at any time which will be notified to you by email. Please note that the modified documents will be published on our Platform and will come effective five (5) days following its publication.

18.2. In case you do not agree to the changes referred above, you must express so by contacting us at: [email protected]  within five (5) days of receipt of the  email mentioned on Clause 18.1 above, in which case you must leave the Platform and App immediately and also suspend the use of our Services. You should immediately delete or destroy all copies of the Application in its possession or control.

18.3. Upon expiration of the term above, it will be understood that you accepted such modifications made to these Terms of Use and/or our Privacy Policy.
19. Dispute Resolution
19.1. Between you and a Developer Member and/or Invited Member:

a) If there is any dispute between you and any Developer Member and/or Invited Member, you expressly agree to make the best efforts as to the amicable resolution of such disagreements with at least 3 attempts.

b) If attempts referred above result unsuccessful in respect to the dispute resolution, you may contact us to notify the issue and request for reasonable advise on the matter.

c) You expressly accept and acknowledge that TestApp.io, will under no circumstances be obligated to be involved in any Dispute between you and any  Developer Member and/or Invited Member.

19.2. Between you and TestApp.io:

a) In the event of any Dispute, arising from or relating to your use of our Platform and/or Application  and/or Services or any breach to these Terms of Use and/or its Privacy Policy, you must use the best efforts to settle the Dispute and resolve the issue in good faith, acknowledging mutual interests, in attempting to reach a just and equitable solution that may result satisfactory to you and TestApp.io before initiating any arbitration or legal proceeding. If such resolution is not reached within a period of sixty (60) continuous  days, then, upon notice by either party to the other, the Dispute shall be subject to binding arbitration in the City of Fujairah, United Arab Emirates, and judgment upon the award rendered by the Arbitrator may be entered in any Court having jurisdiction thereof

b) You may only resolve Disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The Arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so by following initiation of the arbitration.

c) You expressly agree that if the arbitration fails to render a mutually agreement resolution, the Courts of the City of Fujairah, United Arab Emirates will be deemed to have jurisdiction.
20. Governing Law and Jurisdiction
These Terms of Use along with our Privacy Policy shall be governed by and construed in accordance with the laws of the United Arab Emirates without regard to conflict of law provisions. Without prejudice of Section 19 above, you expressly agree to submit to the exclusive jurisdiction of the Courts of the City of Fujairah, United Arab Emirates.
21. Miscellaneous Clauses
21.1. Indemnity: You shall indemnify and hold TestApp.io, its partners, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees harmless against any and all claims brought by a third party for actions arising from or related to the unauthorized use of the Platform and/or the Application and/or its Services, including but not limited to the misuse or operation of the Platform and/or the Application and/or Services in combination or modification with other hardware or software belonging to a third party alleging infringement and/or misappropriation of its intellectual property rights.

21.2. Force Majeure: If TestApp.io is prevented from carrying out its obligations under these Terms of Use and/or its Privacy Policy as a result of any cause beyond its reasonable control, including but not limited to unavailability of any communication system, virus attack in our technological systems, any breach, sabotage, Acts of God, epidemics or pandemics, war, strikes, lock-outs, floods and failure of service providers, acts of government, then in such an event, TestApp.io shall be relieved from its obligations and liabilities under these Terms of Use and its Privacy Policy as such fulfillment of the obligation is prevented.

21.3. No Waiver: TestApp.io's failure to insist upon strict performance of any provision of these Terms of Use and/or its Privacy Policy shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of you in performance or compliance with any obligation on these Term of Use and its Privacy Policy.

21.4. Entirety: These Terms of Use along with our Privacy Policy, constitute the entire agreement between TestApp.io and you and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. These Terms of Use and our Privacy Policy supersedes and replaces any other agreement you previously entered into with respect to a prior version of our Platform and/or App and/or Services.

21.5. Severability: If a court of competent jurisdiction holds any provision of these Terms of Use or its Privacy Policy, to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of these Terms of Use or its Privacy Policy, and they shall continue in full force and effect.

21.6. No Third Party Beneficiaries: Nothing in these Terms of Use and/or its Privacy Policy, express or implied, is intended to or will confer upon any person other than our Developer Members and/or Invited Members, any right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Use and/or its Privacy Policy. No person other than a Developer Member and/or Invited Member may bring a cause of action pursuant to these Terms of Use and/or its Privacy Policy.

21.7. Assignment: You may not assign your rights or obligations under these Terms of Use and/or its Privacy Policy without the prior written consent of TestApp.io. Please note that we may assign these Terms of Use and/or Privacy Policy at any time, in our sole discretion without any prior written consent by you.

21.8. Interpretation: The headings in these Terms of Use and our Privacy Policy do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. Any reference to “use” of any Service and/or our App or its updates by you shall be deemed to include any installation of our App and its updates and/or any Service (unless the context otherwise requires). These Terms of Use and its Privacy Policy were originally prepared in the English language. Although TestApp.io may provide one or more translated versions of these Terms of Use and our Privacy Policy for your convenience, the English language version of these Terms of Use and its Privacy Policy will be the governing version of both documents in case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, these Terms of Use and its Privacy Policy will be construed as having been drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of these Terms of Use and our Privacy Policy.
22. Contact Us
For any questions, comments or complaints regarding these Terms of Use or Platform and/or App and/or Services, you may address us by writing an email to [email protected] and that email receipt must be acknowledged by us.
23. Definitions
"App" means the software provided by TestApp.io to run on a mobile device to access and use our Services.

“Device”  means any smartphone, tablet, desktop, laptop and any other similar digital or electronic equipment.

“Dispute” means any disagreement, difference, or claim between you and any Developer Member and/or Invited Member; and/or any disagreement,  difference, or claim between you and TestApp.

“Developer Member” means any individual registered on our Platform and App as developer.

"Illegal Information" means any information about illegal activities and/or that implies and/or is related to drug trafficking, and/or money laundering and/or with any person or organization designated as a terrorist or terrorist organization by the government of any country or by any international organization.

“Invited Member” means any individual invited to use our Services by a Developer Member and registered on our Platform and App.

“Member Account” means the account that each Developer Members or Invited Members  must create when they register on our Platform and/or App to use our Services.

“Payment Methods” means any Credit Card and/or Debit Card.

“Personal Information” and/or “Information” means the information provided by any individual who creates a Member Account on our Platform and App and uses our Services.

“Portal” means our website: portal.testapp.io.

“Privacy Policy” means the document that governs the privacy practices and data protection of TestApp.io.

“Prohibited Content” means any message, text, graphic, photo, video or material of any kind, unlawful, prohibited, fraudulent, harmful, threatening, abusive, infringing, defamatory, harassing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

“Services” means services offered by TestApp.io, as described in Section 3 setout in these Terms of Use.

“Subscription Plan” means our free and paid services plans referred on Section 10 of this document and that allows the use of our Services.

“Terms of Use” means this document.

“TestApp.io”  and/or “We” and/or “Us” means indistinctly  our digital online Platform  and/or App and/or Portal, including all our Services.

“You” means  any individual who may access and/or  create a Member Account and/or use our Platform and/or App and/or Services.
Feel free to contact us if you have any questions.