TERMS OF SERVICE

 

Please read the following terms of service carefully.  By accessing or using our site and services, you are agreeing to be bound by the terms.  If you do not expressly agree to all the terms and conditions, then please do not access or use our site or services.  

 

ACCEPTANCE OF TERMS

 

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that governs the relationship with our users and others who may interact or interface with mineus s.r.o., Id. No. 27501141, located at Náměstí 14. října 642/17, Smíchov, 150 00 Prague 5, Czech Republic, doing business also as Suitest ("Suitest"), in association with the use of services (the "Services") offered or provided via the Suitest website, which includes https://suite.st/, (the "Site"). All visitors to the Site, despite whether they are registered or not, shall be deemed as "visiting users". Once an individual or entity registers for our Services, through the process of creating an account, the user shall then be considered a "User"  Throughout the TOS we may alternatively refer to the User or "you".

REGISTRATION

 

To register and become a User of the Site, you must be at least 18 years of age and you must have a capacity to enter into and form a legally binding contract and if you are registering as a business or other legal entity and not an individual, the individual making the registration must have all necessary legal authority to bind User to this TOS. Each individual and each entity may register as a User only once, unless expressly permitted otherwise by Suitest. 

The Services are intended only for businesses and professionals. If you are an individual who qualifies as a consumer under any applicable law, you must not proceed with the registration.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Suitest will have sufficient grounds and rights to suspend or terminate the User in violation of this aspect of TOS, and as such refuse any and all current or future use of the Services, or any portion thereof.

Users may choose to create a team ("Team") where every member has access to all assets belonging to that Team. The Team members need to be Users. Team administrators may create a system of rights that limit access to features of the assets for particular members, to the extent that such feature is part of the Services available at any given time.

 

DESCRIPTION OF SERVICES OFFERED

 

The Services are provided for creating and executing automated testing scenarios of  applications running on various devices (the scope of available devices may change in time). Users, once logged in can set up individual projects to create automated test scenarios which can later be executed on other devices.  The tests are accessible only to the User or within the User’s Team (as defined below) and remain the User’s intellectual property.  Tests are stored on Suitest servers.

Users may perform their tests on (1) their own physical devices, through the hired CandyBox, as described below, (2) Users own web browsers, (3) devices and browsers belonging to other Suitest users (provided that they have been shared with the User as explained below), and (4) devices and browsers belonging to Suitest (also, provided that they have been shared with the User) (any device or browser under (1) - (4) the "Device").  It is important to note that when a User executes the test on a Device, it means that the application, all its files and data as well as the test will be loaded to the Device of choice.

SuitestDrive

To execute the test on User’s own browser, the User must download and install the SuitestDrive application to the User’s computer. ("SuitestDrive")  SuitestDrive may install other software on the your computer in order to make the testing function. SuitestDrive is protected as Software as defined below.

Instrumentation Library

As part of the Services Suitest will provide you with the "Instrumentation Library", a code which you need to insert into an application for the application testing. The Instrumentation Library is and shall remain the sole property of Suitest and the User has no right to modify it in any way nor to use the Instrumentation Library for any other purpose other than testing the app with Suitest.  The User may not include the Instrumentation Library code in application instances intended for public usage unless the User has obtained prior written permission from Suitest.  Moreover, the User undertakes to remove the Instrumentation Library code from the application before releasing it into production.

Suitest cannot and will not be held liable for any damage caused by using the Instrumentation Library in production.

CandyBox

As part of the Services Suitest may rent you a device called "CandyBox" which is capable of receiving commands over the network from the main Suitest server and needs to placed in the same local network as the User’s Devices to operate properly. To get the CandyBox, you need to order it and pay a one-off rental price stated in the Pricelist (defined below) as well as the delivery costs, unless we agree otherwise. The payment of the one-off rent authorizes you to use the CandyBox during the time of your using of the Services, until the CandyBox stops working or until Suitest stops supporting it. After your rent terminates, you have to return the CandyBox to Suitest at your cost. Unless we agree otherwise, you have to send the CandyBox by post or courier at the above address of Suitest no later than ten business days after you stop using our Services. Under some of the paid plans, the User may request to rent the CandyBox for discounted one-off rent or for no rent, as stated in the Pricelist. Each User may use such advantage only once per each of the paid plans levels activated during the User’s use of the Services. It means that if you activated the top plan and used the advantage, the next time you activate the same plan you will no longer be eligible for such advantage irrespective of  how long it has been since your last activation of the same plan.    

Suitest undertakes to use the CandyBox only for the purposes of servicing and commanding Devices that the User has connected to the Services. You undertake to use the CandyBox solely in accordance with our instruction and for no other purposes than for the Services. If you observe any defect in CandyBox you must stop using it. In case the CandyBox breaks down during the time for which you rented it, Suitest will investigate what may have caused the device failure. If the defect was not caused by improper usage, Suitest will provide a replacement CandyBox at no additional rent. The User must cover all shipping costs.  

Suitest is not responsible for any damage to connected devices while using the CandyBox.

Other Services 

At its discretion, Suitest may offer as Services additional services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Suitest does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the User, acknowledges, accepts and agrees that Suitest shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

 

Furthermore, the visiting user and/or User understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Suitest shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

SHARED DEVICES

As a User, you may choose to share your Device privately to other Users whom you invite.  If you choose to share your Device publicly, every Suitest User can ask for permission to access it.  You may grant permission to use your Device until you revoke such permission.  If you choose to share your Device, Suitest does not grant any benefit from such sharing and you will not be entitled to any benefit.  

Suitest may offer its own Devices that it may share with Users in the same manner as described above; however, you should note that Suitest takes no action to clean such shared Devices and some may contain traces of the app or the apps data after execution.  Suitest does not intentionally store any app data on the Devices.

If you, as a User, chose to run an app on a shared Device, you should be aware that other Users may have access to the Device as well and may be able to obtain some portions of the app, its data, or all app software and data.

PAYMENTS

Suitest offers the Services under free and paid plans described at https://suite.st/pricing.html ("Pricelist"). Each plan may have certain limitations in Services and available features, in particular there may be a limited number of Users who may join the Team under a particular plan, the number of available automation minutes or interactive minutes, and the number of Devices and concurrent executions. The restrictions and features are described in the Pricelist. To use a paid plan, the User or the Team must pay the fee according to the Pricelist. Upon payment of the fee, the User or the Users within the Team may use the plan during the period indicated upon the payment, otherwise for 30 days from the payment. The plans may change over time and features may be added, removed or limited. The available minutes have expiry dates that are set at the time of purchase.  Suitest may also offer minute packages or exclusive access to some Devices or other Service extension regarding tests. Suitest provides no reimbursement for unused or expired Services.  

You may pay through a third-party gateway or direct bank transfer. Our Services are made available to you after the correct funds arrive on our account or after the third-party Service provider confirms that the transfer is complete.

PRIVACY POLICY

 

Every User's registration data and various other personal information are strictly protected by the Suitest Privacy Policy (see the full Privacy Policy at https://suite.st/privacy.html). As a User, you herein consent to the collection and use of the information provided for storage, processing or use by Suitest and/or our subsidiaries and affiliates, as described in the Privacy Policy.

 

USER ACCOUNT, USERNAME, PASSWORD AND SECURITY

 

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any User(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Suitest immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Suitest shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

 

CONDUCT

 

As a visiting user or User of the Site, you agree not to make use of Suitest's Services for the purpose of:

  

  1. uploading, posting, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

  1. any illicit activities, including DDoS and spamming;

 

  1. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other Users' ability to participate in any real-time interactions;

  1. overloading Suitest infrastructure, including but not limited to, including intermediate language, (IL) in production applications;

 

  1. interfering with or disrupting any Suitest Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

 

  1. intentionally or unintentionally violating any local, state, federal, national or international law;

   

  1. collecting or storing of any personal data relating to any other User or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

 

Suitest herein reserves the right to access, preserve and/or disclose User account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

 

  1. compliance with any legal process;

 

  1. enforcement of the TOS;

 

  1. responding to any claim that therein contained content is in violation of the rights of any third party;

 

  1. responding to requests for customer service; or

 

  1. protecting the rights, property or the personal safety of Suitest, its visiting users and Users, including the general public.

 

Suitest herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Suitest or any other content providers supplying content services to Suitest. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

 

INDEMNITY

 

All users and/or Users herein agree to insure and hold Suitest, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a User or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of  Suitest Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

 

COMMERCIAL REUSE OF SERVICES

 

The User or visiting user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Suitest's sites.

 

TERMINATION

 

As a User you may cancel or terminate your account, and/or access to our Services by submitting a cancellation or termination request to Suitest, Náměstí 14. října 642/17, Smíchov, 150 00 Prague 5, Czech Republic.

 

As a User, you agree that Suitest may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

 

  1. any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;

 

  1. by way of requests from law enforcement or any other governmental agencies;

 

  1. the discontinuance, alteration and/or material modification to our Services, or any part thereof;

 

  1. unexpected technical or security issues and/or problems;

 

  1. any extended periods of inactivity;

 

  1. any engagement by you in any fraudulent or illegal activities; and/or

 

  1. the nonpayment of any associated fees that may be owed by you in connection with your https://suite.st/ account Services.

 

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account or access to any of our Services.

 

Suitest does not provide any reimbursements.  The termination of your account with https://suite.st/ shall include any and/or all of the following:

 

  1. the removal of any access to all or part of the Services offered within https://suite.st/;

 

  1. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

 

  1. the barring of any further use of all or part of our Services.

THIRD PARTY GPL APPLICATIONS

In some cases, Users may need to independently download a separate third-party GPL application to run on Suitest’s software.  Users undertake to do so independently, on their own behalf, and not on Suitest’s behalf.

PROPRIETARY RIGHTS

 

You do hereby acknowledge and agree that Suitest's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Suitest or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Suitest Services (e.g. Content or Software), in whole or part.

 

Suitest herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Suitest for use in accessing our Services.

 

WARRANTY DISCLAIMERS

 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

  1. THE USE OF SUITEST SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SUITEST AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

  1. SUITEST AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SUITEST SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SUITEST SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SUITEST SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

 

  1. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SUITEST SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

 

  1. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SUITEST OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

LIMITATION OF LIABILITY

 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SUITEST AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

 

  1. THE USE OR INABILITY TO USE OUR SERVICE;

 

  1. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

 

  1. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

 

  1. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

 

  1. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

RELEASE

 

In the event you have a dispute, you agree to release Suitest (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

 

EXCLUSION AND LIMITATIONS

 

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

THIRD PARTY BENEFICIARIES

 

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

 

NOTICE

 

Suitest may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email and postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

 

TRADEMARK INFORMATION

 

You herein acknowledge, understand and agree that all of the Suitest trademarks, copyright, trade name, service marks, and other Suitest logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Suitest. You herein agree not to display and/or use in any manner the Suitest logo or marks without obtaining Suitest's prior written consent.

       

GENERAL INFORMATION

 

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Suitest and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Suitest Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Suitest Services, affiliate Services, third-party content or third-party software.

 

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Suitest with regard to the TOS that the relationship between the parties shall be governed by the laws of the Czech Republic without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Suitest, shall be filed within the courts having jurisdiction within the Czech Republic. You and Suitest agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

WAIVER AND SEVERABILITY OF TERMS

At any time, should Suitest fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.