Terms of Service

Latest update: 29 September 2022

Introduction

These Terms of Service is a legally binding agreement between you as a user of TestFirst software and related services and FirstCall QA Pte. Ltd., the owner and provider of TestFirst software and related services (herein referred to as “we”, “us”, “our”).

TestFirst Terms of Service (herein referred to as “these Terms” or “these Terms of Service”) contained in this agreement shall govern your use of TestFirst software, TestFirst website at https://www.testfirst.com/ and all related applications, website extensions and all services associated with it. The aforementioned scope of these Terms of Service are herein collectively referred to as “Services”.

Agreement to Terms of Service

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Your use of the Services constitutes an express agreement with these Terms of Service. If you are not in agreement with all of these Terms of Service, you are prohibited from using the Services, and must discontinue their use immediately. 

Definitions/Terminology

The following definitions apply to these Terms of Service, Privacy Policy, EULA, Cookies Policy as well as any other legal agreements covering the use of the Services: 

• “You”, “User”, “End-User”, “Client”, “Customer” - refers to you, the person(s) acting as an individual or on behalf of a company.
• “Company”, “We”, “Us”, “Our” - refers to FirstCall QA Pte. Ltd., the provider of the Services.
• “Party”, “Parties” refers to both you and us
• “Services” - refers to TestFirst software, TestFirst website at https://www.testfirst.com/ and all its subdomains, TestFirst support services, website extensions and all other services associated with providing access to and support for the abovementioned services. 

Intellectual Property Rights

Other than the content you own and opted to include in the Services, under these Terms, we and/or our licensors own and reserve all intellectual property rights of the Services. You are granted a limited license, subject to the restrictions entailed in these Terms of Service, for purposes of using the Services.

Services

The content of the Services is not intended for use or distribution to any person or entity in any jurisdiction, geographical location, or country/state where such use or distribution will be contrary to the laws and regulations or subject the Services to any form of registration, claims, demands, costs, liabilities, damages, or expenses.

The Services are intended for users who are at least 13 years of age. If you are under the age of 13, you cannot use or register to use the Services without parental permission or consent. By agreeing to these Terms of Service, you have the necessary legal capacity to comply and be bound by these Terms of Service.

Acceptable Use

You may use the Services as permitted by these Terms of Service and may not use the Services for any purpose other than for which we make the Services available.

Cookies

We employ the use of cookies on our website. By accessing our website, you agree to use cookies in Agreement with our Cookies Policy. 

License

Unless otherwise stated, FirstCall QA Pte. Ltd. and/or its licensors own the intellectual property rights for all content provided in the Services, except user-created content. All intellectual property rights are reserved. The detailed list of the activities the user is prohibited from are set in the End-User License Agreement (EULA) which is considered an integral part of these Terms of Service.

Privacy Policy

By using the Services, you may provide us with certain personal information. Our use, storage and disclosure of such information is regulated by our Privacy Policy which is considered an integral part of these Terms of Service.

Indemnification

As a condition for the use of the Services, the User agrees to indemnify TestFirst and its affiliates to the fullest extent, from and against all actions, claims, liabilities, losses, damages, costs, demands, and expenses (including reasonable attorney's fees) arising out of the User's use of the Services, including without limitation, any claim related to the breach of any of the provisions of these Terms of Service. If dissatisfied with any or all of the content of the Services or any or all of the Terms of Service, the User may discontinue using the Services.

Termination

The provisions of these Terms of Service shall remain in full force and effect while you use the Services. Users may terminate their use by following the instructions for terminating user accounts by contacting us at support@testfirst.com.

We reserve the right and sole discretion to, and without notice or liability, deny access to and use of the Services (including blocking specific IP addresses) to any user for any reason including but not limited to breach of any representation, warranty, or Agreement in these Terms or any applicable law or regulation.

We also reserve the right, if, in our sole discretion, we determine that your use of the Services is in breach of these Terms of Service or of any applicable law or regulation, to terminate your use of the Services or delete your account and any or all of your content, without warning or prior notice. Suppose we terminate or suspend your account for any reason set out under this section. In that case, you are prohibited from registering and creating a new account under your name, or a false identity, or the expression of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action(s), including without limitation pursuing civil, criminal, and injunctive redress.

General Provisions

Language

All correspondence made under this Agreement shall be in English.

Governing Law & Jurisdiction

These Terms of Service will be governed by and construed under the laws of Singapore. You hereby unconditionally submit to the non-exclusive jurisdiction of the courts located in Singapore for the resolution of any disputes.

Severability

Suppose any of these Terms is proven to be unenforceable or void under any applicable law. In that case, such shall not render the entirety of these Terms of Service unenforceable or invalid. As a result, any such provision shall be deleted without affecting the remaining provisions herein. The provisions of these Terms of Service that are unlawful, void, or unenforceable are deemed severable from these Terms of Service and do not affect any remaining provisions' validity and enforceability.

Variation of Terms

We reserve the right to revise these Terms at any time as we see fit. By using the Services, you are expected to review such Terms regularly to ensure you comprehend all the Terms of Service regarding the use of the Services.

Assignment

We reserve the right to assign, transfer, and subcontract our rights and/or obligations under this Agreement without any prior notification or consent required. Users shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. Furthermore, a person who is not a party to these Terms of Service shall have no right to enforce any provision contained therein.

Preservation of Immunities

Nothing herein shall constitute a limitation upon the privileges and immunities of the Company, which are specifically reserved.

Waiver

Our failure to exercise any or all of these Terms of Service provisions at any point in time shall not operate as a waiver of such right or provision.

Entire Agreement

These Terms of Service, including any legal notices and disclaimers provided in the Services, constitute the entire Agreement between us and you concerning your use of the Services. Ultimately, this Agreement supersedes all prior agreements and understandings concerning the same.

Related Agreements

Our Privacy Policy, Cookies Policy and EULA are integral parts of these Terms of Service. 

Limitations

Warranty

You understand and agree that the Services are provided “as is” and the Company, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. The Company, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the Services, regarding the accuracy or reliability of any information obtained through the Services or that the Services will meet any user’s requirements, or be uninterrupted, timely, secure or error free. Use of the Services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the Services. The entire risk arising out of use or performance of the Services remains with you. We cannot guarantee any specific results from use of the Services. Use is at your own risk.

Liability

To the maximum extent permitted by applicable law, in no event will the Company or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Services or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory, even if the Company, its affiliates, suppliers or resellers have been advised of the possibility of such damages. In any case, the Company's, its affiliates’, suppliers’ and resellers’ maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by you for the Services (if any) in the twelve (12) months preceding the event or circumstances giving rise to such claims. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

Contact us

To resolve any complaint or obtain a clarification regarding the use of the Services or receive information concerning that, please contact us at legal@testfirst.com.