THESE TERMS APPLY ONLY TO WEBSITE ACCESS, ACCOUNTS, COMMUNITY AND USAGE OF MATERIALS AS STATED HEREIN. OUR PRODUCTS AND SERVICES ARE PROVIDED PURSUANT TO A SEPARATE AGREEMENT. YOU MUST ACCEPT THE SEPARATE AGREEMENT BEFORE YOU MAY USE ANY OF OUR PRODUCTS OR SERVICES.
1. Scope. The Website is composed of various web pages operated or hosted exclusively by Tricentis including but not limited to tricentis.com (“Website”) and offers platforms to exchange thoughts, communicate with, share ideas, feedback and content and provide information, documents and material related to Tricentis’ products and services (such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations) and all software and technology used, provided or implemented on or through the Website (“Materials”).
2. Changes. Tricentis reserves the right to modify, suspend, or discontinue the Website or any Materials for any reason, with or without notice. It is Your responsibility to check the Website and these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes is acceptance of those changes.
3. Communication. When You visit the Website, provide content, send e-mails to Us, or You are communicating with Us electronically. You consent to receive electronic communications from Us. We will communicate with You by e-mail or by posting notices on the Website or Your Account. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
6. Ownership. All Material is the property of Tricentis, or its suppliers and protected by copyright and other laws. You may use such Materials only in connection with Your access of the Website. You may not copy, distribute, scrape, disassemble, reverse engineer or otherwise appropriate or create any derivative works from any of these Materials. Any trademarks, service marks, graphics and logos used in connection with the Website are either Tricentis’ trademarks or those of third parties. You may not use any such marks for any purpose. We retain all rights in all Materials, technology, and marks on the Website, and do not grant any rights other than those explicitly granted by these Terms.
7. Your Use. You acknowledge that you are solely responsible for access and use of the Website and/or Materials and the access and use of the same is subject to Your rightful behavior and compliance with these Terms. You represent and warrant that You are at least of 18 years of age and You shall use the Website and Materials exclusively for authorized and legal purposes, and in compliance with all applicable laws, rules, regulations, and license restrictions. By way of example, You may not use the Website and Materials for the following:
Violation of Laws and Regulations. You may not:
- violate any applicable laws or regulations including without limitation data, privacy, and export control laws, and laws that protect civil rights
- use it for any fraudulent or abusive purpose
- transmit any material that infringes the intellectual property rights, privacy rights or other rights of third parties
- facilitate, or encourage the transmission of content or materials that promote, violence, dangerous activity or discriminatory, hateful, or prejudicial action against anyone based on race, ethnicity, national origin, sexual orientation, gender, disability, religion or other legally protected category
Infringement of Others. You may not:
- transmit any content that is defamatory, offensive, inflammatory, inappropriate, pornographic, obscene, or otherwise objectionable to any reasonable person
- transmit any unsolicited or harassing notifications materials (commercial or otherwise), including unsolicited or unwanted SMS or emails
Disruption of the Website. You may not:
- interfere with or disrupt the integrity or performance of the Website, any portion or Material thereof, or related systems or networks
- use the Website in any way which degrades the reliability, speed or operation, or their underlying hardware or software
attempt to bypass or break any security mechanism on any of the Website and Materials
- use the Website and Materials in any other manner that poses a material security or risk to Tricentis or any of its other users
- attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity or performance of the Website and Materials (including any mechanism used to restrict or control the functionality of the Website and Materials), any third party use of the Website and Materials, or any third-party data contained therein
obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools
- conduct scans in order to find limitations, vulnerabilities, or evade filtering capabilities
- launch or facilitate, whether intentionally or unintentionally, a denial of service attack on any of the Website and Materials or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Website and Materials
- send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”
- create a false identity or forged email address, phone number, or otherwise attempt to create alternative users
- use the Website and Materials for purposes of benchmarking or other competitive purposes
- use the Website and Materials to transmit or distribute unsolicited email (“spam”) or malicious content such as viruses, harmful software, or worms
- upload content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer
- exploit the Website and Materials to access unauthorized information
- hack or modify the Website and Materials or another website to falsely imply an association with Tricentis
- disclose personal or proprietary information of another user, person, or organization
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
8. Your Account and Access. Parts of the Website have restricted access and can only be used with a valid user account provided by Tricentis to You. Access credentials and user IDs for the account are granted to individual, named persons and may not be shared with third parties or by and between users. You must ensure to keep Your user IDs and passwords for the account strictly confidential and not share such information with any unauthorized persons. You are responsible for all actions taken through use of Your account and passwords and You agree to notify Tricentis immediately if You become aware of any unauthorized use and shall take all reasonable steps to assist Tricentis in attempting to minimize any potential or actual damages or losses resulting from such unauthorized use or disclosure. Tricentis may disable or prevent access to Your account at any time without prior notice in case of a violation of these Terms. Further, your access and activities to Our Website is subject to monitoring and tracking by way of logs at server and application layer or some other similar form which may include behavioral analytics, security analysis, network trafficking analysis to secure Tricentis Website and Materials.
9. Your Content. If You submit any comments, feedback, or ideas on Our Website or Community, including but not limited about current or future offerings, potential improvements or any other suggestions files or materials (“Content”) You understand that any such submissions of Your Content is entirely voluntary, non-confidential, gratuitous, non-committal and unsolicited. We may use Your Content without restriction, and You will not be entitled to any compensation. By posting, uploading, inputting, providing, or submitting Your Content You warrant and represent that You own or otherwise have all of the rights necessary to use the Content and You or Tricentis are not violating the rights of any third party by Tricentis’ review and/or use of Your Content.
10. Claims. Tricentis respects the intellectual property of others, and, particularly as to user-generated Content in comments, discussion boards or in other contributed Content. We expect every user to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please inform Tricentis with a description of the copyrighted work or other intellectual property that You claim has been infringed, where the material that You claim is infringing is located on the site, Your contact information, a statement that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law, and a statement, made under penalty of perjury, that the above information in Your notice is accurate and that You are the intellectual property owner or authorized to act on the intellectual property owner’s behalf. Contact detail for submitting a notice of claims are at the end of this Terms.
11. Community. Tricentis provides registered users access to the Tricentis community, which is a shared platform resource on the Website to discuss and learn about Tricentis and Our products and services, a place to share ideas, skills, knowledge, practice tips and interests through ongoing conversation (“Community”). We are committed to maintaining Our Community as a safe, friendly, and helpful place for its members. You agree to use the Community only to post, send, and receive messages, Content and any material that are appropriate and related to Tricentis products and services.
12. Monitoring. Tricentis has no obligation to monitor the Community. Tricentis cannot verify the accuracy of statements that members make or place on or through the Community and does not guarantee that any Content have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms. Always use caution when giving out any personally identifying information about yourself. Tricentis does not control or endorse the content, messages, or information found in the Community. Tricentis specifically disclaims any liability with regard to the Community and any actions resulting from Your participation. Community members are not authorized Tricentis spokespersons, and their views do not necessarily reflect those of Tricentis. Content uploaded by members to the Community may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if You download the Content.
13. Participation. In addition to the rightful use of Our Website, Tricentis expects every Community member to participate in an authentic, respectful, and active way. We want You to contribute to the success, health, and longevity of Our Community.
We encourage the following behavior:
Contribution. Every member shall:
- participate in an authentic and active way
- contribute to the health and longevity of this Community
- make it an interesting place to find great ideas and topics to discuss
Improvement. Help making the Community a great place for discussions:
- exercise consideration and respect in Your speech and actions
- if You disagree with something, that’s fine, but remember to criticize ideas, not people (e.g. avoid name-calling)
- provide reasoned counterarguments that improve the conversation
- if You are not sure Your post adds to the conversation, think twice before You submit Your Content
- discover and spend time browsing topics before replying or starting Your own, You may already find other members with the same interests
Respect. Show respect for both the topics and the people discussing them (even if You disagree):
- be mindful of Your surroundings and of the other members
- refrain from demeaning, discriminatory, or harassing behavior and speech
- don’t post anything that a reasonable person would consider offensive, abusive, or hate speech
- don’t post anything obscene or sexually explicit
- don’t harass or grief anyone, impersonate people, or expose their private information
- don’t post spam or otherwise vandalize the Community
- if You’re unsure, ask yourself how you would feel if Your post was featured on the front page of the main newspapers
Culture. Every conversation, post, comment etc. contributes to the culture of Our Community.
- help influence this culture in a positive way by choosing to engage in discussions that make this forum an interesting place to be — and avoid those that do not
- attempt collaboration before conflict
- don’t reply to bad behavior, just flag it, action will be taken, either automatically or by Tricentis’ intervention
We don’t tolerate the following behavior:
Law Violation. Don’t post anything that violates the law:
- if it belongs to someone else without their permission
- misuse someone’s intellectual property (software, video, audio, images)
- engage in or contribute to any illegal activity
- download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- upload Content that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents
- harvest or otherwise collect information about others, including email addresses, without their consent
Insult. Don’t use violence, threats of violence or violent language directed against another person such as:
- inappropriate, profane, defamatory, infringing, obscene, or indecent topics, names, materials, or information
- sexist, racist, homophobic, transphobic, ableist derogatory, or otherwise discriminatory and inappropriate jokes and language
- abuse, harassment, threats, flaming or intimidation of any person or organization
- posting or displaying sexually explicit or violent material
- posting or threatening to post other people’s personally identifying information
- personal insults, including, but not limited to, those related to gender, sexual orientation, race, religion, disability, or any other protected category
- inappropriate photography or recording
- deliberate intimidation, stalking or following another person
- advocating for, or encouraging, any of the above behavior
Misleading. Avoid any attempt at false statements e.g.:
- providing information that is false, misleading, or inaccurate
- implying or pretending to be affiliated with a company or organization with which You are not affiliated
- misrepresenting the extent of Your affiliation or role with an affiliated company or organization
Disruption. You may not:
- restrict or inhibit any other user from using and enjoying the Community
- advertise or offer to sell or buy any goods or services for any business purpose
- solicit for any open jobs or positions, either temporary or permanent, or make any other type of inappropriate solicitation
- use the Community for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives
- conduct or forward surveys, contests, pyramid schemes or chain letters
14. Consequences. Unacceptable behavior from any Community member will not be tolerated. Anyone asked to stop unacceptable behavior is expected to comply immediately. If You engage in unacceptable behavior, Tricentis may take any action We deem appropriate, up to and including a temporary ban or permanent suspension from the Community without warning. Tricentis reserves the right to remove any unacceptable Content from the Website, at its sole discretion. If You witness or are subject to unacceptable behavior, or have any other concerns, please promptly notify Tricentis.
15. Disclaimer of Warranty. THE MATERIALS AND OTHER INFORMATION ON THE WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE DISCLAIMED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR FREEDOM FROM ERRORS. ONLY THOSE WARRANTIES MADE AVAILABLE UNDER SEPARATE AGREEMENTS RELATING TO THE PURCHASE OF SPECIFIC PRODUCTS OR SERVICES WILL APPLY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. Limitation of Liability. IN NO EVENT WILL TRICENTIS OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU IN CONNECTION WITH YOUR ACCESS OF THE WEBSITE UNDER ANY LEGAL THEORY FOR DAMAGES, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL TRICENTIS OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING EUR 100.
17. Indemnification. You will indemnify and hold harmless Tricentis and its suppliers, against any claims and expenses, including attorneys’ fees, arising out of Your use of the Website, Materials or Your violation of these Terms.
18. Miscellaneous. If any provision of the Terms is held to be invalid or unenforceable, such provision will be interpreted in a manner that best reflects Tricentis’ intentions, the remaining provisions of the Terms will remain in full force and effect. Failure by Tricentis to enforce these Terms shall not be construed as a waiver. You must comply with all applicable export trade control laws, rules, and regulations with respect to its use of the Website. These Terms constitute the entire agreement between You and Tricentis, regarding Your access and use of the Website and its Materials, and supersede all prior communications or terms, whether electronic, oral, or written. These Terms and Your use of the Website shall be governed by Austrian Law. You acknowledge and agree that any breach of your obligations may cause substantial harm to Tricentis or third parties that could not be remedied by payment of damages alone. Accordingly, Tricentis shall be entitled, in addition to any other rights or remedies, to seek injunctive relief in any jurisdiction where damage may occur.
Contacting Tricentis. If You want to get in contact with Tricentis, or if you have any questions or concerns, please contact Us per e-mail: firstname.lastname@example.org. You may also reach out by regular mail to: Tricentis GmbH, Attn: Legal Department – Leonard-Bernstein-Straße 10, 1220 Vienna, Austria. For a complete list of the Tricentis group and all contact information, please see www.tricentis.com/locations/.