User who chooses to use the Service shall subscribe to it (“Subscriber(s)”). Upon subscription as defined herein below, Subscriber shall gain TR’s SDK. Subscriber independently chooses the functions of its software application in which the TR’s SDK is integrated and type of information about Third Parties it shall record (“Records”). TR’s SDK saves the Records and uploads them to servers that host Website (“Servers”).
Records’s full content shall be available to a Subscriber via Subscriber’s account on the Website. By accessing its account, the Subscriber shall be able to stream, download or share Records for an unlimited number of times during a valid subscription as shall be defined below.
The Records are collected on the Servers and are accessible via Subscriber’s account on the TR website. The Records are saved at least until the Subscriber’s Subscription is cancelled or in any other way terminated.
Depending on the functions selected by the Customer, the functions of the software application in which the SDK is integrated, and/or in which device the software application is installed, a Recording may consist of uptakes of several data points, including but not limited to a Tester’s screen, touches, views.
The Subscriber’s Records are only made available to the Subscriber unless the Subscriber explicitly elects to publish it. TR will not share the Records to anyone except the Subscriber or use the Records for any commercial purpose without the Subscriber’s prior approval.
TR may access video content Subscriber created using the SDK, however, such information cannot unveil the Third Party’s identity under no circumstances whatsoever.
Video content will be used only for the purpose of analyzing user behavior in general.
By using the Service the Subscriber accepts the following:
Subscribers shall be solely responsible for keeping the subscription identifiers, the username, and the password confidential;
Subscribers shall be 18 years of age or older;
Subscribers shall pay a fee for a Subscription based on the prices provided on the Website at the time of entering into Subscription;
Subscribers shall follow the instructions for the Service set forth on the Website; It is not permitted to sign up for the Service using Bots or other automated methods;
Subscribers are entitled to delete their account from the Website in accordance with cancelation policy below by sending a message to the TR e-mail address firstname.lastname@example.org.
Subscriber may cancel Subscription at any time without providing a reason. Cancelation shall become effective upon the termination of the term for which the Service is prepaid and the Subscriber agrees that there will be no refund of the prepaid price.
TR may cancel Subscription at any time without providing a reason by giving a 7 days prior notice on its Website. Cancelation shall become effective upon the termination of the term for which the Service is prepaid and the Subscriber agrees that there will be no refund of the prepaid price.
In the event that Subscriber commits a material breach of any of its obligations hereunder, TR may terminate this Agreement with immediate effect, in which case the Subscriber is not entitled to refund of any prepaid fees.
Subscription shall be extended automatically if Subscriber does not serve termination notice to TR before the expiration of the Subscription.
The Customer may at any time select another Payment Plan. If the Payment Plan is upgraded, the Customer is equally charged with a specified amount. If a less extensive Plan is selected, the Customer is equally compensated with a discount on the following Subscription.
The following actions are not allowed or authorized by TR and may be unlawful under domestic or European laws, including without limitation the following:
The modification, revision or decryption of any part of the Website/Service;
Unauthorised hacking or attempted hacking into the IT system related to the Website/Service;
Storing information about other Users/Subscribers for any purpose whatsoever;
Use of the Service for any other purposes than the development of software applications or for any other use explicitly approved by TR;
Creating User identifiers by means of automatic or fraudulent methods.
By using the Website and/or Service, Users/Subscribers agree that they use the Website and/or Service exclusively at their own risk and that TR does not undertake any liability for any material or non-material damage or loss that may occur while using the Website and/or Service.
TR shall not guarantee the uninterrupted and error-free operation of the contents or functions of the Website and/or Service, the correction of errors, or that the Servers are free of any virus or other harmful component.
Users and Subscribers acknowledge that they are responsible for any damage suffered by the devices used for accessing the Website/Service, and for the service and maintenance costs of such devices.
TR takes no responsibility for Records’ lost due to technical failure beyond TR’s control.
TR shall make no warranty for any service interruption resulting from any error in the quality or any interruption of the User’s/Subscriber’s Internet connection, or any material or non-material damage or loss suffered in connection therewith.
Under no circumstances, regardless of the type of damage, shall TR and its shareholders, employees, directors, subsidiaries, affiliates, successors, assigns or suppliers be liable to pay any damages exceeding EUR 2 000.
The Users/Subscribers acknowledge that the architecture, appearance, images and content of the Website/Service are protected by copyright law and other intellectual property laws.
All the services, contents, information and applicable software (application) to be found on the Website, including without limitation, the media contents and the still pictures thereof, other images, photos, characters, names, graphics, logos, illustrations as well as software products (applications) are the intellectual property of TR or a third party which approved TR to use the same.
The Subscriber is obligated to keep TR updated of its current e-mail address and other information necessary for uninterrupted communication. The Subscriber bears the risk of any damage due to information sent to a non-current or misspelled e-mail address.
Effective as from October 2014