test IO - Terms of Use

Please note that when contracting with test IO GmbH, only the German version of the Terms of Use is legally binding. The English translation is provided for convenience only. Terms of Use for test IO, Inc., of San Francisco are here.

1. Contracting parties

test IO GmbH (hereinafter referred to as “test IO”) provides services exclusively to companies (B2B). The services offered by test IO are not intended for private consumers. Every person that logs in to the test IO platform thereby confirms that they act in the interest of a company or business, and agrees to provide relevant legal proof on request (e.g. by presenting a business registration certificate, trade register excerpt or a valid VAT ID).

2. Services provided by test IO

1. test IO solely provides its customers with a platform for the exchange of information on the Internet. This exchange of information takes place for the purpose of testing PC/Mac/Linux based, web or mobile applications (“apps”) that the customer is developing or having developed for possible errors (“bugs”).

2. As is usual in such cases, test IO cannot guarantee that the platform is available at any specific point in time, that there will be no interruptions during connection establishment and/or during a current connection, that the data traffic processed through the platform is not monitored by unauthorized private or governmental third parties, and that the platform is suited for the purposes pursued by the customer.

3. The customer has the following options to have their application tested:
Automated test: The application will be tested for possible bugs using specific test IO testing software
Customer-provided testers: The customer designates persons to test the app and sets up access to the test IO platform for them.
Professional test IO testers: The customer informs test IO about the number of developers that are building and/or maintaining the application. Depending on the number of developers and the complexity of the application, test IO will then determine the size of the tester team. The team will be led and supervised by a team leader.

4. test IO does not guarantee the customer that there will be any bugs found at all during a test, even if the application contains bugs; that all or even the majority of existing bugs will be found; that the reported bugs actually exist. In case of the option “Professional testers”, however, test IO tries to ensure that the reported bugs exist and are reproducible via the quality assurance management team.

5. The customer is prohibited from using the test IO platform for testing applications that violate applicable law or the usage of which violates applicable law – including, but not limited to, criminal law, copyright law, trademark law and other intellectual property law – or that contain insulting, offensive or otherwise improper materials.

6. Under no circumstances is the customer to upload the source code of their application to the test IO platform or to make it available in other ways using the test IO platform.

3. Remuneration

1. The remuneration is determined by the current price list at the moment of ordering. All prices listed there are subject to VAT.

2. The customer is liable for payment as determined in 3.1 as of placing the order. The remuneration cannot be refunded, even if the customer refrains from running the test.

4. Liability

1. test IO will only be liable for damages caused intentionally or as a result of gross negligence on part of test IO. test IO will on no account be liable for consequential damages, in particular not for loss of profit or intangible damages. test IO’s liability shall be limited to the amount that the contracting parties consider foreseeable damage. Since test IO only provides a service and does not owe success, the contracting parties presently determine the damage considered foreseeable to be the amount payable by the customer to test IO for that specific order. These liability provisions also apply for test IO’s employees and vicarious agents. test IO will under no circumstances accept liability for the actions of persons that the customer themselves has appointed as testers. It is solely the responsibility of the customer to ensure appropriate liability agreements with those persons, if deemed necessary.

2. The preceding term 4.1 does not apply in cases of damage to life, body or health, and furthermore in cases of breach of an essential contractual obligation by test IO (e.g. the obligation to keep the customer’s trade secrets).

3. In any case of liability, the customer is required to allow test IO a reasonable amount of time before making their claim (one month after the customer has notified test IO about the existence of a possible liability case); test IO will in this case initiate the claim settlement through their liability insurance.

5. Other provisions

1. test IO’s Terms of Use apply exclusively. Other terms of use, purchase or the like are explicitly excluded and do not apply. By checking the checkbox “Terms of Use” the customer confirms this agreement.

2. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions (the parties agree that this clause not only reverses the burden of proof, but also waives the legal consequences of § 139 BGB (collective invalidity of these Terms of Use)). The same holds true if it should turn out that these terms contain any omissions. To substitute for the void or unenforceable provision or to fill the omission, that provision shall be used which, if legally possible, is closest to what the parties wanted or would have wanted if they had considered this point at the moment of placing the order, during subsequent addition of a provision, or with knowledge of the omission. The same applies if the voidness of a provision is based on an extent of service or time (period or date) determined in these Terms of Use, in which case a legal extent of service or time shall apply which is as close as possible to the one originally intended.

3. The exclusive place of jurisdiction is Berlin/Germany.

4. For the legal relationship between test IO and their customers, German substantive law excluding its referral regulations and the UN sale of goods law.