UsabilityTools.com Terms of Service

Last modified: November 14, 2013
Wersja polska
The owner of the UsabilityTools.com website is COGISION Sp. z o.o. based in Poznań (60-535) at ul. Polna 13A lok. 20, entered into the register of entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań 8th Economic Division of the National Court Register under KRS number 0000338121, REGON (business statistical number) 301226352, NIP (tax identification number) 7792364625, with share capital of 341,600.00 PLN, paid in full.

§1

[ Definitions ]

  1. “Website” – an internet Website offering a package of e-Services (the Software) for website usability testing, available at UsabilityTools.com;
  2. "TOS” – these “UsabilityTools.com” terms of service which constitute an agreement between the User and the Service Provider;
  3. “Service Provider” – the owner of the UsabilityTools.com website;
  4. “User” – a natural or legal person who uses the Website in accordance with these TOS;
  5. “Service” – a Service which enables the User to use the functionalities of the Software;
  6. “Software” – the applications in the package of e-Services for website usability testing, available on the Website;
  7. “Application” – each of the applications forming the Software: Click Tracking, A/B Testing and other.

§2

[ Conclusion and termination of the agreement ]

  1. The Website enables the User to access the Service via the Internet (an on-line SaaS service – Software as Service).
  2. The prerequisite of using the Website is the acceptance of these TOS.
  3. The agreement between the User and Service Provider shall be deemed concluded at the moment when the Service Provider proceeds with the performance of the Service.
  4. The Service is designed for individuals or legal entities that carry out commercial or professional activities related to the website usability testing for personal purposes or professional website usability testing for third parties. However, if the User uses the Service for personal purposes, the provisions of these TOS shall not limit any consumer rights that cannot be waived under an agreement, including in particular the rights granted under the provisions of private international law governing the agreements concluded with consumers.
  5. Information on the Website’s current offer, price lists and description of the Service are available on the Website.
  6. The User gains access to the Software by registration, i.e. by typing their e-mail address and password in the Website registration window.
  7. The User shall be granted the access to the Services:
    1. on a one-off basis for 14 days following the registration on the Website („free trial”) with unlimited Software functionalities;
    2. upon the payment made according to a current price list – pursuant to the rules set out in the TOS and in the price list;
    3. upon entering a promotional code - pursuant to the rules set out in the promotion TOS or in a separate agreement.
  8. If the User purchases a monthly subscription, the payment for the consecutive months is collected automatically, pursuant to a current Price list. The User may cancel their subscription and such cancellation shall take effect the following settlement period.
  9. The Service Provider may terminate the agreement immediately if the User infringes the provisions of §3 or §4.
  10. Upon the expiry or termination hereof, the User must stop using the Software.

§3

[ Intellectual Property Rights ]

  1. The Software is a copy-right protected computer programme. All rights to the Software and to other components of the Website are reserved and belong to the Service Provider.
  2. Upon granting the access to the Service as specified §2 hereof, the Service Provider grants the User a revocable, non-transferable, geographically unlimited and nonexclusive licence to use the available components of the Software to the extent of a normal use of the Software in compliance with its purpose for the end user – by running and displaying in a web browser (on-line service) – with no right to grant further sublicences.
  3. The User may not lease, rent or make the Software available to third parties otherwise than expressed in this agreement.
  4. Upon uploading to the Website – via an Application or otherwise – any contents subject to copyrights or any other intellectual property right, the User warrants that these contents do not infringe any third-party rights, and grants the Service Provider a free, unlimited in time or in space and non-exclusive licence with the right to grant sublicences, to use the said contents to the extent necessary to provide the Service at an suitably high level. The Service Provider shall be thus licensed in particularly to:
    1. digitally save, store, create the back-ups of, multiply and display the contents on its own and on third-party servers;
    2. distribute the contents by making them publically accessible so that a limited or unlimited group of people can access it anytime and anywhere, as each time determined by the User who uses the Application.
  5. The User may provide a list of the contents and demand to have the listed items and their back-ups deleted from the servers of the Service Provider and of the third parties, with whom the Service Provider cooperates in performance of the Service. Should that be the case, it may result in a non-performance or limited performance by the Service Provider. Such a demand must be submitted to contact@usabilitytools.com.

§4

[ Terms and conditions of using the Service ]

  1. The aim of the Software is to test the usability of websites and it may be used only for that purpose.
  2. The User uses the Software at their own risk. The Service Provider provides the Software “as is” with no guarantee or warranty either for the Software or for the Service. Any warranties for the Software or for the Service, expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or satisfactory quality, are excluded. In particular, the Service Provider does not guarantee:
    1. undistorted use (“operation”) of the Software;
    2. the removal of any possible defects in the Software;
    3. the compatibility of the Software with programs created by third parties.

  • The Service Provider shall not be liable to the User or any third party for any damage, including but not limited to direct, indirect, special, incidental, consequential and moral damages, in particular damages resulting from the loss, inaccuracy or damage of data, unauthorized access to the data by a third party, purchase of substitute goods or services, loss of expected profit, savings or goodwill due to the Service Providers’ unintended fault, including but not limited to the defects of the Software, torts, undue care, improper performance or non-performance hereof by the Service Provider, the use, misuse, inability to use, or interference in the use of the Software by the User, even if the Service Provider has been advised of the possibility of such damage.
  • The liability, guarantee and warranties of the Service Provider shall be excluded to the maximum extent allowed by the law. However no provision hereof shall infringe the User’s rights vested upon the User by the applicable mandatory provisions of law, including the law governing this agreement, subject to §7(5) hereof.
  • The Service Provider may at any time improve or modify the Software, without notifying the User thereof.
  • The User shall not (nor allow any third party) use the Software to monitor or collect information enabling the identification of the Internet users, shall not link the data collected from the site(s) to which the Software will be applied to any personally identifiable information from any other source. The User will comply with the laws of the jurisdiction where the Software will be used, in respect of the protection of privacy and the collection of information about the visitors to his websites. The privacy protection TOS shall be published on the website of the Licensee, and they shall include the information about “cookies” files collecting anonymous traffic data.
  • The User shall not upload to the Website nor distribute through the Website, either directly or by links, any contents which infringe the law or the principles of morality, including but not limited to:
    1. confidential contents;
    2. unsolicited commercial information;
    3. contents which is obscene, offensive, defamatory or otherwise infringe personal rights of the Service Provider or a third party;
    4. pornographic contents;
    5. contents which promote violence, terrorism, or incite to hatred, racism, xenophobia and religious conflicts;
    6. contents which disturb the operation of the Service Provider’s or third party’s hardware, such as computer viruses, etc.
    7. contents which infringe intellectual property rights of the Service Provider or third parties, or incite to such an infringement.
  • Should the provisions hereof be infringed, the Service Provider may delete the contents uploaded to the Website by the User or delete the User’s account, what shall constitute the termination of the Service provision.
  • The User is fully liable for the contents uploaded by them to the Website and shall hold the Service Provider harmless from any liability for infringing any third party’s rights resulting from the exploitation thereof. In particular, the User shall indemnify and hold harmless the Service Provider from any third-party claims and expenses, including costs of court proceedings, legal aid costs, attorneys’ fees, damages, reliefs and any other performance for the benefit of a third party.
  • You authorize UsabilityTools to use your company name, logo or other applicable trademarks, at any time, for the purpose of referencing you as a customer on the UsabilityTools Website or in other promotional marketing materials. If you do not wish to be referenced please contact UsabilityTools at contact@usabilitytools.com

§5

[ Privacy Policy ]

  1. The User submits his personal data to the Service Provider only to the extent necessary to properly perform the Service. In order to register on the Website it is necessary to submit the User’s e-mail address; in order to make a payment on the Website it is necessary to submit the data required by the payment intermediary - PayPal.com. The User submits his data voluntarily, however failure to submit it results in a non-performance or limited performance of the Service.
  2. The User shall be held responsible for providing false personal data.
  3. The personal data of the User are protected under the Personal Data Protection Act of 29th August 1997 (Dz.U. [Journal of Laws] of 2002 No.101 item 926, as amended) in a way that prevents a third-party access thereto.
  4. The User may access and modify his personal data and may request to have his data deleted. In order to improve the Software, the Service Provider collects anonymous data related to the User, such as diagnostic, commercial or technical data, such as the information about the User’s computer, operation system, software and peripheral devices. This data is collected by the Software regardless of the User’s direct activity.
  5. The Service Provider is not able to link it to a particular User, without excessive cost, effort or time expenditure.
  6. The User shall comply with the relevant applicable provisions of personal data protection laws during the use of an Application if such use leads to personal data being processed within the meaning of s. 7(2) of the Personal Data Protection Act (Dz.U. of 2002, No 101, item 926, as amended), i.e. in particular collects, records, stores, develops, modifies, makes accessible or deletes personal data. Usually, before the Application may be used, a prior consent of a person whose personal data is to be processed is required.

§6

[ Complaints ]

  1. The User who is a consumer within the meaning of the Civil Code may lodge a complaint that the Service does not conform to the agreement.
  2. Complaints are handled within 14 working days of the receipt of the notification by e-mail to the address contact@usabilitytools.com or in writing to the address ul. Polna 13A/20, 60-535, Poznań.
  3. If the complaint is admitted, the User shall be granted an access to a full-value Service in conformity with the agreement, or if that is not possible, the User shall be granted a refund of the price paid.

§7

[ Final provisions ]

  1. These TOS shall be construed in accordance with Polish law.
  2. This agreement is subject to Polish law.
  3. Any disputes arising herefrom shall be resolved by the court of competent jurisdiction over the Service Provider except for the disputes, for which the jurisdiction shall be determined by the applicable mandatory provisions on consumer protection.
  4. The Service Provider reserves the right to modify the TOS. Any changes to the TOS shall take effect within 5 days from the day when a new version is published on the website of the Service Provider.
  5. Should any of the provision hereof become invalid or unenforceable, the remaining portions will remain in full force and effect. The invalid or unenforceable provisions shall be replaced with a valid and enforceable provision that to the maximum possible extent achieves the original intent of the parties and economic effect of the provisions thus held invalid or unenforceable.