Oobeya is a product developed by TESTINIUM.
By using the Oobeya (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). TESTINIUM (“Company”) reserves the right to update and change these Terms of Service without notice. Violation of any of the terms below may result in the termination of your account.
Privacy and Communications
You acknowledge and agree that TESTINIUM may occasionally send you communications regarding your account or the Service via email.
Accounts, Passwords, and Security
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Acceptable Use and Conduct
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless TESTINIUM and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.
Any unauthorized use of any TESTINIUM Service is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
TESTINIUM will not issue refunds for unused service at any times. Users are able to opt-in to recurring billing at a level set by the user. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the user. Services invoices will not be transmitted automatically, but will be provided in PDF format upon request from our support department.
Cancellation must be issued via the Service.
Chargeback / Refund Policy
TESTINIUM will not, under any circumstances, issue cash refunds for early contract cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount. Any customer who disputes a credit card payment that is found to be valid will be banned from use of TESTINIUM. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
No Warranties or Representations
You understand and agree that the Service is provided “as is” and TESTINIUM, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, beyond the Refund, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on TESTINIUM’s servers. TESTINIUM, its affiliates, suppliers and Resellers make no warranty or representation, other than the Refund, regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s requirements beyond the Refund. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You.
Restrictions and Responsibilities
You shall fully comply with all applicable laws and regulations in any use of the Service or Software. You are prohibited from violating system or network security; this may result in criminal and civil liability, including, but not limited to the following: using the Service to penetrate, or attempt to penetrate, any entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data; unauthorized use, access, investigation of a system security or authentication measures, traffic or data; mail bombing, flooding, overloading a system and broadcast attacks, using the Service or Software to gather, or attempt to gather personal information about third parties without their consent; or use the Service or Software to test websites that you are not authorized to test.
Limitation of Liability
In no event shall TESTINIUM be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
Termination of Service
We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to your account.
We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Service. An account terminated by TESTINIUM will not be backed-up for any reason and will be immediately deleted from our servers.
TESTINIUM claims no intellectual property rights over the material you provide to the Service. You acknowledge that TESTINIUM owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.