Terms of Use

Thank you for using Monkey Test It!

These terms of use (the “Terms”) applies between you as natural person or a representative of a legal person and Monkey Test It. The Terms applies to your access and use of the services made available by Monkey Test It at its websites and or by other means (the “Services”). By creating an account on the Monkey Test It website or use of the Services you agree to be bound by these Terms including the Monkey Test It privacy policy. If you are accepting these Terms on behalf of another person, a company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these Terms. “you” and “your” refer to you as a natural person or the legal person that you represent.

Please read these Terms carefully before using the Services. If you do not agree to these Terms, you shall immediately stop using the Monkey Test It Services.

Who can use the Services

You may use the Services only in compliance with these Terms, if you are 18 years or older, have the authority to enter into a legally binding contract with Monkey Test It and are not barred under any applicable laws or contracts from doing so. Monkey Test It reserves the right to request written confirmation regarding your authority to enter into this contract.

Your use of the Service

You agree only to use the Services via your own account or via an account created by a company or other legal entity which has expressly authorized you to use its account. You undertake not to use the Services for other purposes than for the purposes which Monkey Test It has indicated that the Services are intended for.

The Services contains a test that simulates use and abuse attempts on your website/application (the “Test”). By using the Services you grant Monkey Test It permission to perform the Test, including crawling and conducting a bug finding test of your website, in order to investigate your website/applications quality level.

You are responsible for authorizing and initiating the Test and when you start the Test you are solely responsible for the outcome of the Test and for any inconveniences, interruptions or other negative consequences thereof. Based on general experience of website quality, Monkey Test It recommends that you monitor the capacity and performance of your site while the Test is being performed and that you back up your website/application and related systems and all data therein before starting the Test. Monkey Test It strongly recommends that you run and fully evaluate the Test solely on a test environment of your website/application.

When the Test is completed a report will be created. All your reports will be available and saved for 12 months if you do not choose to delete them manually.

User restrictions

YOU MAY ONLY USE THE SERVICES FOR WEBSITES/APPLICATIONS AND IN SYSTEMS OR ENVIRONMENTS THAT YOU HAVE OBTAINED THE EXPLICIT CONSENT FROM THE LEGALLY AUTHORIZED OWNER OF THE WEBSITE/APPLICATION, SYSTEM OR ENVIRONMENT TO USE THE SERVICES FOR OR IN. ANY OTHER USE IS NOT PERMITTED, VOID AND MAY BE UNLAWFUL.

When you register an account on the Monkey Test It website you are requested to submit certain personal information. By doing so you consent to Monkey Test It’s processing of your personal information. Monkey Test It will treat your personal information as confidential information and will use it for purposes including:

administering the provision of the Service; enhancing your use of the Services; performing internal tracking and improvements of the Services; enabling Monkey Test It to contact you and analyze the volume and history of your Service usage. For these same purposes, the Services utilize cookie technology. You may configure your browser to reject cookies, but this may affect your ability to use the Services.

Additionally, and solely for the purpose of administrating the system, detect usage patterns and troubleshooting, our webservers will automatically log your standard access information (including browser type, access times/open mail, URL requested, and referral URL). To the extent these logs contain any personal information such personal information will not be used in any way different from that stated above without your explicit permission. Monkey Test It may share aggregated and anonymized information with its business partners. Further conditions regarding Monkey Test It’s processing of personal data and information is found in the Monkey Test It Privacy Policy.

Monkey Test It’s provision of the Service

The Services may change over time as Monkey Test It modify and add more features. Monkey Test It may also stop, suspend, or modify the Services at any time without prior notice to you. Monkey Test It may also remove any content or functionality from our Services at our sole discretion.

The Services provide features that allow you to share your reports with others. It is possible to share both individual reports and complete domain accesses. When you share your reports your domain name will be disclosed for the recipient. Please be advised that sharing your reports with others may be associated with serious risks. Monkey Test It strongly recommend that you consider carefully what you choose to share or by other means make public. By sharing the reports and information therein you acknowledge that you are aware of the risks associated with such sharing and you are solely responsible for the actions of those with whom you share it with.

Prices and payment terms

By using the Service you agree to pay all applicable prices and charges for the Service, as specified on the Monkey Test It website. Monkey Test It may change the prices and charges for the Service from time to time and will communicate all such changes in advance on its website.

Payments are made by credit card. One time charges (i.e. single scan) are payable and drawn from your account in connection with the order of Services. Subscription fees are payable and drawn from your account in connection with the actual performance of the Services (i.e. each regular scans) in accordance with your order of recurring Services. The payment service provider will store your credit card details to fulfill the payment obligations. When you add your credit card details we will charge your card $0.02 as a pre-authorization to verify that the details you have entered is valid. The transaction is immediately cancelled when we have verified your details.

Unless specified by Monkey Test It, prices and charges are exclusive of tax, levies, or similar governmental charges that may be assessed by any jurisdiction, including without limitation, any export, or local VAT, lease tax, sales, use of goods and service tax and excise duty.

Security

The security of the information that you provide or generate, as part of your use of the Service, is of great importance to Monkey Test It. The Service is encrypted using SSL technology and all your information, including reports and the content of your logs is stored in the EU.

When using the Service you are responsible for safekeeping the login credentials that you use to access the Services and you agree not to disclose your credentials to any third parties. You are solely responsible for any activity performed from your account and shall immediately notify Monkey Test It of any unauthorized use of your account. You hereby acknowledge that reports and other information generated as part of your use of the Service are likely to contain information that is highly sensitive and should be kept confidential by you and stored at all times to avoid unauthorized access. Monkey Test It disclaims any and all liability for the safety of your reports, pass words, login credentials and how the content of your reports are used.

Monkey Test It property and feedback

These Terms grant you a non-exclusive, non-transferable, royalty-free, revocable and limited license to personal/internal use of the Services. You may not sell, rent, loan, lease, sublease, assign or otherwise transfer or dispose the use of the Service in whole or in part, to any third party without the prior written consent from Monkey Test It. All software and technology used to provide the Services are protected by copyright and trademark laws of both the UK and foreign countries. No right, title, or interest in or to the Service, trademarks or trade names is granted to you under these Terms.

While Monkey Test It appreciates when users send feedback, please be aware that feedback, comments, or suggestions you send to us or post in our forums may be used by Monkey Test It without any obligation to you.

Copyright

Monkey Test It respects intellectual property of others and asks that you to do the same. Monkey Test It will respond to legally founded notices of alleged copyright infringements properly provided to Monkey Test It. Monkey Test It reserves the right to delete or disable content or functions that are alleged to cause infringements and to avoid repeated infringements.

Third party platforms

The Services may contain services wholly or partially provided by third-parties. You will find the third party services currently used by Monkey Test It in the provision of the Service here. Monkey Test It does not endorse or assume any responsibility for such third party products and services, their availability, accuracy and content. You are solely responsible for your use of any such websites or resources and any specific terms applicable to them. Also, if Monkey Test It provide any software under an open source license, such software may be subject to license terms in conflict with these Terms, in which case the open source license terms will apply for your use.

Termination

You can stop using the Services at any time and you may delete your account by sending an email to [email protected] Your account will be considered inactive and deleted 12 month after you last performed a Test. Upon deletion of an account, all specific account information will be deleted. However, domain names and a log-register attributable to each deleted account will be kept for archival and administrative purposes. Monkey Test It may also use unidentifiable, aggregated information originating from deleted accounts in its general business operations.

Furthermore, Monkey Test It reserves the right to suspend the provision of the Services or to terminate your account at any time, with or without cause, and with or without notice. For example, Monkey Test It may suspend or terminate your account if you are in breach of these Terms, or if your use of the Services would cause or risk causing legal liabilities of any kind, or otherwise disrupt others use of the Services. If Monkey Test It suspend or terminate the Services or your account, Monkey Test It will try to notify you in advance. However, as stated above, there are situations where Monkey Test It may have to suspend or terminate your account, or the provision of the Services, immediately without prior notice.

Warranty Disclaimer and limitation of liability

THE SERVICE IS PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR RISK AND THUS THAT THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, ACCURACY AND RESULT OF THE USE IS WITH YOU. THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (IN CONTRACT OR TORT) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE ABOVE, Monkey Test It DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OR RESULT OF THE SERVICES WILL BE FREE FROM INTERRUPTIONS OR ERRORS. YOU ACKNOWLEDGE THAT BY USING THE SERVICE YOU SIMULATE A REAL SYSTEM INTRUSION AND YOU ARE AWARE OF AND TAKE FULL RESPONSIBILITY FOR ANY CONSEQUENCES THEREOF, INCLUDING ANY CONSEQUENCES ATTRIBUTABLE TO THE USE OF THE INFORMATION CONTAINED IN REPORTS GENERATED AS PART OF THE SERVICE.

IN NO EVENT WILL Monkey Test It BE LIABLE FOR ANY DAMAGE, BE IT DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, IN CONNECTION WITH OR ARISING OUT OF THE USE OF THE SERVICES OR FOR ANY HARM TO WEBSITES, APPLICATIONS, SYSTEMS OR ENVIRONMENTS, LOSS OR CORRUPTION OF DATA, OR ANY OTHER DAMAGE CAUSED AS A CONSEQUENCE FROM THE USE OF THE SERVICE.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Monkey Test It, ITS REPRESENTATIVES AND EMPLOYEES FOR ANY AN ALL CLAIMS, DISPUTES, DEMANDS AND LAWSUITS THAT MAY ARISE AS A CONSEQUENCE OF YOUR USE OF THE SERVICE. THE INDEMNIFICATION ALSO INCLUDES AN OBLIGATION TO REIMBURSE Monkey Test It FOR ITS LEGAL COSTS, INCLUDING ATTORNEYS’ FEES TO THE COUNSEL OF Monkey Test It’S CHOICE.

Monkey Test It may revise these Terms from time to time and the most current applicable version will be posted on Monkey Test It’s website. Revisions to Terms become effective once made available on the website. If a revision in our sole discretion is considered material to you, Monkey Test It will notify you (for example via email to the email address associated with your account). Other changes may be posted on our blog or webpage, so please check those pages regularly. If you continue to use the Services after a revision of Terms has become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you should stop using the Services immediately.

Monkey Test It may transfer or assign any agreements, rights and obligations under these Terms, in whole or in part, to a third party, without notice, provided that there is no material adverse change to the Services.

These Terms, including the Privacy Policy, shall be construed in accordance with, and shall be governed by, the laws of Enland, without regard to principles of conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms, including the Privacy Policy, or the breach, termination or invalidity thereof, shall be finally settled by the courts of Enland.