Terms for Testing Services
Links to third-party websites The Site may contain links to third-party websites. We do not monitor or control the linked sites, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Applause. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Limitations of Liability; Disclaimers of Warranties By using the Site, each Company hereby agrees to fully indemnify Applause from and against any third-party claims relating to alleged infringement by such Company of a third party's intellectual property rights. Applause and its affiliates make no representations or warranties of any kind regarding the Site and the Site Content. The Site and Site Content are provided in "AS IS" condition, and Applause and its affiliates expressly disclaim any and all warranties, whether express or implied, including: all warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any and all warranties arising from course of dealing and usage of trade; that the site and the site content will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error, as to the results that may be obtained from the operation, use or other exploitation of the site or the site content, and as to the accuracy or reliability of any information obtained from the site or the site content. No advice or information, whether oral or written, obtained by you from Applause, an affiliate of Applause or through the site or site content will create any warranty not expressly stated herein. You use the site and the site content at your own risk, and neither Applause nor any affiliate of Applause will be liable for any damages of any kind arising from or relating to any of their operation, use or other exploitation. Under no circumstances will you be entitled to recover from Applause or an affiliate of Applause any direct, incidental, consequential, indirect, punitive or special damages (including damages for loss of business, loss of profits or loss of use), whether based on contract, tort (including negligence), or otherwise arising from or relating to the site or site content, even if Applause or an affiliate of Applause has been informed or should have known of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability, so some of the above limitations or exclusions may not apply to you.
II. Provisions Applicable to Customers Any Company making use of the Site hereby acknowledges and agrees that, with respect to testing services, Applause engages Testers to evaluate and provide software testing services. No guarantee is given that any or all test artifacts, including, but not limited to, bugs, test cases, test data, test scripts, and other test artifacts implemented by Applause from time to time, (collectively, "Test Artifacts") in connection with a Company's software will be found, diagnosed, or resolved as a result of engaging Testers through the Site.
Applause may, without liability hereunder and for the purpose of testing only, provide your company's confidential information to Testers which have entered into non-disclosure agreements with Applause. You may require, through Applause's platform, such Testers participating in the testing of your company's technology agrees to a non-disclosure agreement directly with Applause prior to such testing. For this purpose, confidential information shall mean any and all information which is either clearly marked as being confidential or which would be deemed confidential to a reasonable person receiving such information. Confidential information shall not include any information which (i) was in the public domain prior to disclosure, (ii) becomes part of the public domain through no wrongful act of Applause, (iii) was already known to Applause prior to such disclosure, or (iv) is independently developed by Applause without reference to such confidential information.
Applause shall retain all right, title and interest in and to its pre-existing materials, software, technologies, methodologies, and know-how, including but not limited to its proprietary software- ("SAAS") platform which is currently accessible at the URL's "Applause.com" and my.Applause.com" (collectively, "Applause IP).
Applause shall indemnify, hold harmless and defend your company, your officers, directors and employees from any and all claims, losses, demands, litigation, expenses and liabilities of every nature arising from any third-party claims that the Applause services and/or Applause IP infringe the intellectual property rights of such third-party.
Unless you notify Applause in writing, Applause may display your company name, logo and public description on the Site or in other Applause marketing materials.
Companies may purchase:
a. Subscriptions may be purchased on a monthly, quarterly or annual basis. The subscription period begins upon signature of the Order Form or Statement of Work, as applicable, and payment is due upon receipt of invoice. Subscriptions may contain auto-renewal provisions and are cancellable after the minimum commitment specified in the Order Form or Statement of Work, upon written notification to email@example.com.
(ii) On-demand testing services for various lengths of time
(iii) Fixed Fee & On-Site Tester Services
a. Companies may purchase testing services at a fixed fee for non-recurring testing needs and non-functional testing services. These services need to be completed within the time period stated in the Applause order form or statement of work. If the company does not use the testing services within this time period, the testing services will be deemed to have been earned by Applause and the company shall have no right to a cash refund or credit. Companies may also purchase on-site tester services for a fixed hourly rate.
(iv) Applause software
a. Customers may purchase Applause management software. Please refer to the Applause software terms & conditions located at http://www.applause.com/terms-of-use.
III. Provisions Applicable to All Testing Services
A Company must either accept or decline new Test Artifacts reported by Testers by the earlier of (i) the tenth (10th) day following the receipt of an applicable Test Artifacts report from Testers, or (ii) the date that the testing project cycle is closed (hereafter, the "Acceptance Period"). You agree to pay Applause for all Test Artifacts which are either approved during the Acceptance Period or which are not timely declined during the Acceptance Period (i.e. which shall be deemed to constitute acceptance by you). You are responsible for the timely analysis, testing, approving and fixing of bugs and other Test Artifacts reported by Testers.
You agree not to use your Applause.com account to post false or misleading project descriptions. You may not post project descriptions that are inappropriate for Applause's audience, viewers, or visitors, as more fully described below. Applause shall have sole discretion, in determining the appropriateness of any content posted to or available through its web site. You shall not falsify your identity or the identity of any third-party. You agree to comply with all of Applause's specified policies.
You agree and acknowledge that Applause may aggregate and share anonymous information with third parties, including data related to general testing time, standards, average number of bugs found and other Test Artifacts reported, the number of bugs fixed, and additional aggregated statistical reports regarding Companies' applications that are being or have been tested. Applause will not specify any Company's name or provide personal information relating to the Company (including e-mail addresses, accounts or financial information), but may mention the business areas or industries in which Companies operate and the type of applications or software being tested.
You agree not to solicit (other than by general advertisement), or hire, any employee or subcontractor of Applause (including, without limitation, any Tester which performs testing services for Applause) either on behalf of Your Company, or on behalf of any other company during the term of this Agreement and for a period of one year thereafter.
IV. Provisions Applicable to Security and Vulnerability Customers
1. Provisions Applicable to manual security and vulnerability test cycle performed by Applause community & security experts
In no event shall Applause be liable for any damages arising out of the penetration tests or simulated attacks performed by Applause security experts and community as part as a security and vulnerability test cycle
V. Other General Provisions Applicable to All Users
Limitations on Communication between Users
Except for communications between Companies and Testers regarding projects for which the Testers are providing testing services to the Company, You are prohibited from making direct contact or engaging in any transaction, including commercial transactions, with other Users, whether through the Site or otherwise. You agree not to post Your e-mail address, phone number, or any other method of contact outside of the Site or give any of the foregoing information to another User. Testers and Companies working together on a project shall be provided with the necessary contact information.
Your use of Applause's services, your access to the Site Content, and your utilization of Applause's proprietary "Software as a Service" platform ("SaaS"), are subject to export controls administered by the United States (including, but not limited to, the controls administered by the U.S. Department of Commerce's Bureau of Industry and Security and the U.S. Department of Treasury's Office of Foreign Assets Control). You are responsible for compliance with all applicable export control laws and regulations. Diversion contrary to U.S. or other applicable law of any Site Content, the Applause SaaS, or any Company's software submitted for testing is prohibited. Applause services and its SaaS platform are currently prohibited for use in or export or re-export to Cuba, Iran, North Korea, Sudan, Syria, or to any country then subject to U.S. trade sanctions. By downloading or using any product from this site, or purchasing or providing any service, you are acknowledging that you have read and understood this notice and agree to comply with all applicable export control laws. This information is not intended to be a comprehensive summary of the export laws that govern the products and services.
Rights in Site Content
Unless otherwise indicated, the Site Content, including all images, illustrations, icons, designs and written and other materials that appear on the Site are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Applause or its affiliates or are the property of their respective owners and are protected by U.S. and international copyright laws and conventions. Accessing the Applause.com web site does not authorize Users to use any name, logo, trademark or service mark in any manner.
Permission is granted to display, download and print in hard copy format other resources of the Site solely for the purpose of using the Site as an internal or personal business resource. None of the resources may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied or reproduced without the prior written permission of Applause or the applicable owner.
Social Network Integration
Transfer of Information
Digital Millennium Copyright Act
Applause complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Website you may contact our Designated Agent at the following address:
Roy Solomon, Applause, Inc. 100 Pennsylvania Ave., Suite 500, Framingham, MA 01701 United States of America Telephone: 508.480.9999 Email: firstname.lastname@example.org
Any notice alleging that materials on this website infringe intellectual property rights must include the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of the material that you claim is infringing and where it is located on the Website;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Terms for Software
Applause Analytics, Applause SDK, Applause Mobile Beta Management (the "Applications") are trademarks of Applause. All rights reserved. By using the Applications, you agree to comply with and be legally bound by the following terms and conditions ("Terms of Service").
Applause reserves the right to revise these Terms of Service from time to time without notice. Any new features that augment or enhance the current Applications, including the release of new versions, tools or resources, shall be subject to these Terms of Service. Continued use of the Applications after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your account. While Applause prohibits such conduct and content on the Applications, you understand and agree that Applause cannot be responsible for the content posted on the Applications and you may be exposed to such materials. You agree to use the Applications at your own risk.
- No accounts registered by "bots" or other automated methods are allowed. These accounts will be removed upon detection.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. Applause cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content ("Content") posted and activity that occurs under your account (even when Content is posted by others who have accounts associated with your application).
- You may not use the Applications for any illegal or unauthorized purpose. You must not, in the use of the Applications, violate any laws in your jurisdiction (including but not limited to copyright laws).
Customers may access their account data via an API (Application Program Interface). Any use of an API, including use of an API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that Applause shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Applause has been advised of the possibility of such damages), resulting from your use of an API or third-party products that access data via an API.
- Abuse of the Applications via an API may result in the temporary or permanent suspension of your account's access.
- Applause reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Modifications to the Service and Prices
Applause reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- Applause does not pre-screen Content, but Applause and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The name and logos for Applause Analytics are trademarks of Applause App Quality, Inc.
Means all materials created, developed and provided to you in connection with or arising from the Applications including without limitation the issues and crashes reported by users and all other elements of the Service provided by Applause like content, visual interfaces, information and graphics.
- Your use of the Applications is at your sole risk. The products are provided on an "as is" and "as available" basis.
- You understand that Applause uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Applications.
- You must not modify, adapt or hack the Applications or modify another website so as to falsely imply that it is associated with the Service, Applause, or any other Applause service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Applications, use of the Applications, or access to the Applications without the express written permission by Applause.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Applause customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any malware or viruses or any code of a destructive nature.
Applause does not warrant that:
(a) the Applications will meet your specific requirements,
(b) the Applications will be uninterrupted, timely, secure, or error-free,
(c) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(d) any errors in the Applications will be corrected.
13. You expressly understand and agree that Applause shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Applause has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service; or
- any other matter relating to the service.
14. The failure of Applause to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Applause and govern your use of the Applications, superseding any prior agreements between you and Applause (including, but not limited to, any prior versions of the Terms of Service).
15. These Terms of Service shall be governed by, and interpreted in accordance with, the laws of the Commonwealth of Massachusetts. The appropriate courts located in the Commonwealth of Massachusetts shall have exclusive jurisdiction and venue to resolve any disputes that may arise in which Applause is a party.
Questions about the Terms of Service should be sent to Applause via our contact form.