TERMS OF USE

1. Intellectual property rights

   Unless otherwise stated, the website is the property of TestJOY and all source codes, databases, functions, software, website designs, audio, video, texts, photos and graphics of any kind and regardless of the format (in this, together or individually, the "Content") and the trademarks, service marks and logos contained therein (the "Trademarks") are the property of TestJOY and are controlled by TestJOY. They are protected by copyright and trademark laws as well as all other applicable laws or regulations for the protection of intellectual property in Germany, the EU and other countries, as well as by international conventions. The content and brands are provided "as is" only for your information and personal use. Except as expressly provided herein, no part of the website and any content may be copied, reproduced, aggregated, republished, uploaded, published, displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise used for commercial purposes without the express prior written permission of TestJOY. TestJOY reserves all rights to the website, content and trademarks.

2. Ownership of materials

   Notwithstanding TestJOY's ownership of the submissions, as described in paragraph 4 ("Customer Feedback"), all design, test, and original source files, as well as all other files and documents created on behalf of the customer, created on behalf of the customer ("Projects"), belong to the customer, and the customer is the sole owner of the copyright for all projects. In the event that a legal act would result in TestJOY becoming the full or partial owner of a project and not the customer, TestJOY irrevocably and permanently assigns its entire interest in the project to the customer without limitation. The customer warrants that all materials made available to TestJOY as examples or as material for integration into a project during the test and test design process are the property of the customer and they do not abuse or violate the rights of third parties, including but not limited to all intellectual property rights and any right to publication. TestJOY always reserves the right to share the customer's test development publicly (social media, website, etc.), unless otherwise agreed in section 18 of this document.

3. User representations

   By using the website, the customer warrants and guarantees: that the customer is legally competent and agrees to comply with these terms of use, the customer is not a minor in the territory of his place of residence, the customer does not access the website through automated or otherwise non human means, the customer will not use the website for illegal or unauthorized purposes, the customer does not violate applicable laws or regulations when using the website.

4. Prohibited activities

   The customer is not permitted to access the website or use it for any purpose other than that for which the website is made available to him. The website may not be used in connection with commercial purposes, except those related to the work carried out by TestJOY on behalf of the customer. In addition, the customer undertakes to refrain from: using the website without authorization; retrieving data or content for the purpose of creating or compiling a database or directory; bypassing, disabling or otherwise interfering with security-related functions on the website; participating in unauthorized framing or linking of the website; tricking, deceiving or misleading TestJOY or other users; disrupting, disrupting or creating an undue burden on the website or the networks or servers of TestJOY; to use the website in an effort to compete with TestJOY; to decrypt. To decompile, disassemble or re-develop the software that constitutes or in any way a part of the Website; circumvent any actions on the Website that are aimed at preventing or restricting access to the Website or parts thereof; compel, threaten, harass or intimidate employees, independent contractors or agents of TestJOY who provide services through the Website; delete the copyright or other legal notice from any content; copy or adapt the software of the Website. Upload or attempt to transmit viruses, Trojans or other malware, including any material that interferes with a party's use of the Website or modifies, interferes with, interferes with, alters, modifies, or impairs the use, features, functions, operation or maintenance of the Website; uploading or transmitting material that acts as a passive or active information collection or transmission mechanism or attempts to do so; denigrate or otherwise damage TestJOY; use the Website in a manner that is incompatible with applicable laws, statutes or regulations.

5. Customer feedback

   The customer acknowledges and agrees that all questions, comments, suggestions or other feedback or submissions (each a "submission") are the sole property of TestJOY and TestJOY is generally not obliged to treat a submission confidentially or to take the necessary steps to ensure the confidentiality of a submission. TestJOY is the sole and exclusive owner of all rights in connection with the Submission, except to the extent to which the Customer is granted rights under paragraph 2 ("Proof Ownership of Materials"), and may, in its sole and unlimited discretion, use and distribute a Submission for any lawful purpose without permission, recognition or compensation from the Customer. The customer agrees that TestJOY has the right to articulate and publish the submission and hereby waives all current and future claims and recourse against TestJOY for the use of the submission in its sole discretion in accordance with the terms of this agreement.

6. Management and supervision

   TestJOY reserves the right to monitor the website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or applicable laws, laws or regulations. TestJOY also reserves the right to restrict or deny access to the website or to deactivate the use of the website by the customer. Such a decision is at the sole discretion of TestJOY, without prior notice or liability to the customer. All decisions regarding the administration of the website are at the sole discretion of TestJOY and are intended to protect the rights and property of TestJOY.

7. Privacy Policy

   By using the website, the customer agrees to be bound and comply with the privacy policy and the conditions set out in particular therein, as well as accepted and incorporated herein. The website is hosted in Germany. Access to the website from the United States of America, Asia or any other region of the world may result in laws, statutes or regulations that are different from those of Germany and govern the collection, use or disclosure of personal data. The continued use of the website by the customer and the transmission of data to Germany constitutes an express consent of the customer to the transmission and processing of data to and in Germany. Regardless of this, TestJOY does not accept or knowingly request information from persons under the age of 18. In accordance with the Children's Online Privacy Protection Act of the United States, this is done after receiving the actual knowledge that a person under the age of 13 has provided Personal Data to TestJOY without parental consent, TestJOY will delete this information as soon as possible.

8. Returns and refunds

   TestJOY reserves the right to refuse refunds at its own discretion and without prior notice or liability to the customer. Refund requests are reviewed on a case-by-case basis. If the customer requests a refund during the first month of use, all materials manufactured by TestJOY are the property of the company and may not be used by the customer in any way. If a refund is deemed appropriate, a 25% fee will be charged on the remaining billing period. TestJOY reserves the right to take appropriate legal action against the customer in the event of violations of this paragraph.

9. Change

   TestJOY reserves the right, at its sole discretion, to change, modify, supplement or remove content on the website for any reason. TestJOY reserves the right to change or discontinue the website in whole or in part without prior notice and without liability to the customer.

10. Disconnections

    TestJOY makes no guarantee or warranty that the website is available and accessible at all times. Problems with hardware, software or other elements can lead to interruption delays or errors that are beyond the control of TestJOY. The customer agrees that TestJOY will not be liable to the customer for any loss, damage or inconvenience caused by the fact that the customer cannot access or use the website during an interruption of the connection or service.

11. Applicable law

    These terms of use are subject to and construed in accordance with the laws of Germany, without regard to conflict of laws.

12. Legal disputes

    Any action of any kind must be filed with the courts of Hannover, Germany. The parties hereby agree to the jurisdiction of these courts and waive any objections with regard to the place of jurisdiction and jurisdiction.

13. Disclaimer

    The website is provided as it is and subject to availability. The customer agrees that the use of the website and the services is at the customer's own risk. TestJOY disclaims all express or implied warranties in connection with the Website and its use by the Customer, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. TestJOY makes no guarantees or representations as to the accuracy or completeness of the Website or the content or content of websites linked to the Website, and TestJOY assumes no liability for any errors, errors or inaccuracies of content and materials, personal or property damage of any kind, any unauthorized access to or use of TestJOY's secure servers and/or personal and/or financial information stored therein, any interruption or cessation of transmission to or from the Website, any bugs, viruses, Trojans or the like that may be transmitted by third parties to or through the Website, and/or for errors or omissions in Content and materials or for loss or damage of any kind made or caused by the use of posted, transmitted or otherwise created content made available through the Website. TestJOY assumes no warranty, endorsement, guarantee or responsibility for products or services advertised or offered by third parties, either through the website, a hyperlinked website or a website or mobile application presented in an advertisement.

14. Limitations of liability and exemption

    TestJOY and its directors, employees, members, independent contractors or agents shall not be liable to the customer or third parties for direct, indirect, consequential, incidental, special or punitive damages, including loss of profits, loss of revenue, lost data, attorneys' damages. Fees, court costs, fines, confiscations or other damages or losses arising from the customer's use of the website. The Customer agrees to defend, indemnify and hold harmless TestJOY and its subsidiaries, affiliates, affiliates and all relevant officers, members, agents, partners, employees, etc. harmless from any and all losses, damages, liabilities, claims or demands, including reasonable attorneys' fees and expenses, incurred by third parties arising out of or as a result of: (1) use of the Website; (2) violation of these Terms of Use; (3) any violation of the Customer's representations and warranties set forth herein; (4) Violation by the Customer of the rights of third parties, including, but not limited to, intellectual property rights. Notwithstanding the foregoing, TestJOY reserves the right to assume control and defense in all matters for which the customer must compensate TestJOY at the expense of the customer. The customer undertakes to participate in the defense of such claims.

15. User data

    The customer is solely responsible for all data transmitted to or related to the customer's activities via the website. TestJOY assumes no liability to the customer for the loss or damage of such data and the customer hereby waives any right of action against TestJOY for such loss or damage.

16. Electronic communications, transactions and signatures

    The customer hereby agrees to receive electronic communications from TestJOY and agrees that all agreements, communications, disclosures and other communications sent by e-mail or via the website meet all legal requirements that such communications must be made in writing. The customer hereby consents to the use of electronic signatures, contracts, orders and other records as well as the electronic delivery of communications, policies and records of transactions initiated or completed by TestJOY or through the Website. The customer hereby waives any rights or requirements under any laws, regulations, rules, ordinances or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records or payments or the granting of credit by any means other than electronic means.

17. Presentation of design work

    TestJOY reserves the right to share selected works on digital channels such as social media, websites, etc., unless otherwise agreed. The customer reserves the right to issue a confidentiality agreement between him and TestJOY, which in turn would invalidate TestJOY's right to publicly share or discuss the customer's work.

18. Miscellaneous

    These Terms of Use and any policies published on the Website or relating to the Website constitute the entire agreement and understanding between the Customer and TestJOY. TestJOY's failure to enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. Should any provision or any part of these Terms of Use be found to be unlawful, void or unenforceable, that provision will be separated from these Terms of Use, but will not affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website may be construed as constituting the formation of a joint venture, partnership, employment relationship or agency relationship between the customer and TestJOY.

19. Contact information

    If you have any questions or complaints regarding the website, please contact TestJOY at: hello@usetestjoy.com