last updated april 25, 2016
Welcome to ByteScout.io and ByteScout.com, operated by ByteScout, Inc. (the “Company”, “ByteScout”, “We” or “Us”).
Please contact us with any questions regarding this Agreement.
By accessing or using the Website and our API, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form either via email or directly to your account/subscription on the Website, or both. To withdraw this consent, you must cease using the Website and terminate your account. Please print a copy of this Agreement for your records. The Company may modify this Agreement at its sole discretion from time to time. Such modifications to be effective upon posting by the Company on the Website.
No part of the Website and API is directed to persons under the age of 14. By using the Website and/or API, You are representing that you are at least 18 years old or that you are 14-17 years old and have your parents’ or legal guardian’s permission to access and use the Website and/or API. Any use of the Website and/or API is void where prohibited. By accessing and using the Website and/or API, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Using the Website and/or API may be prohibited or restricted in certain countries. You are responsible for complying with the laws and regulations of the territory from which you access or use the Website and/or API.
CREATING AN ACCOUNT
TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Website, API, and/or have a ByteScout account. You may disable your account and stop using the Website, API at any time for any reason.
The Company may terminate or suspend Your account on the Website and cancel your subscription in its sole discretion at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause. Upon such termination or suspension, you will not be entitled to any refund of unused monthly fees or any other fees paid for purchases made through the Website. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account and/or subscription. After your account and/or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
PERSONAL AND COMMERCIAL USE BY USERS
The Website and ByteScout products sold through the Website are suitable for personal and for commercial use and require you to purchase ByteScout product and/or subscribe to a paid plan, including product suites, single products, desktop utilities, etc. You may also accept additional features, products or services we offer on the Website, such as free trials, discounts and promotions. It is your responsibility to use the Website, API, and ByteScout products in a private and secure manner.
The Company is not liable to you for any damage or loss due to unauthorized account access resulting from your actions or at no fault of the Company.
You may not use the Website, API, ByteScout products, your account, and/or ByteScout services for any illegal activity or to violate laws in your jurisdiction. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, API, ByteScout products, your account, and/or ByteScout services.
You shall not and are expressly prohibited from tempering with the Website, API, ByteScout products, including any software and HTML codes used by ByteScout. You shall not reverse-engineer ByteScout products and if found, the Company may investigate and take any available legal action including civil and criminal prosecution.
You are responsible for maintaining the confidentiality of your access credentials (username and password), and you are solely responsible for all activities that occur under your account, username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your account, username or password, or any other breach of security at email: email@example.com and ensure that you log out from your account at the end of each session.
THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION PRESENT ON THE WEBSITE. ANY USE OF THE MATERIALS OF THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA.
ALL PRODUCTS AND SUBSCRIPTIONS SOLD THROUGH THE WEBSITE HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY WHETHER EXPRESS IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.
ANY MATERIAL, PRODUCT, API, OR SUBSCRIPTION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL, PRODUCT, API, OR SUBSCRIPTION. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL, PRODUCT, API, OR SUBSCRIPTION.
The Company owns and retains all proprietary rights in the Website, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors.
You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights.
You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
TRANSMISSION AND SUBMISSION OF INFORMATION
The Company does not guarantee the security of any information transmitted to or from the Website. Any material, information or other communication You transmit or post to the Website will be considered non-confidential. The Company will have no obligations with respect to such communications. By transmitting or posting any information, You grant the Company an unrestricted royalty free right to copy, disclose, distribute, otherwise dispose and use of such information.
While browsing through the Website, You agree to refrain from posting or transmitting to or from this site any unlawful material that may violate any domestic and/or international legislation. The Company may at its own discretion monitor or review any areas on the Website where users transmit or post materials or communicate solely with each other, including but not limited to any kind of chat rooms or user forums. The Company will have no liability related to the content of any such areas.
Any software that is made available to download from this site is the copyrighted work of ByteScout and/or its suppliers. Such software shall be used in accordance with the respective terms of the End User License Agreement (EULA) which accompanies the software. Any use of the Software not in accordance with the respective EULA is expressly prohibited.
USE OF CONTENT
All the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Website (collectively referred to as "Content") are provided by ByteScout as a service to its customers and may be used for informational and non-commercial or personal use only. The unauthorized copying, displaying, or other use of any Content from this site is a violation of the domestic and/or international legislation.
COPYRIGHTS, TRADEMARKS AND PATENTS
The trademarks, logos, and service marks (collectively "Trademarks") appearing on the Website are the property of ByteScout and other parties. All Trademarks are provided for Your information and does not grant You a license to use them. Neither title nor intellectual property rights are transferred to You.
CUSTOMER AND SUPPORT SERVICES
The Company provides assistance and tech guidance through its customer service and support representatives. When communicating with our customer and support service representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer service representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account and cancel your subscription.
MODIFICATIONS TO OR DISCONTINUANCE OF THE WEBSITE
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. To protect the integrity of the Website, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.
LINKS TO OTHER WEB SITES OR RESOURCES
The Website may contain, and the Website or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources.
Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Website. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content.
LIMITATIONS ON LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SUBSCRIPTION SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR YOUR USE OF THE WEBSITE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
ARBITRATION AND GOVERNING LAW
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Website in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in the County of New Castle, Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
The Company does not warrant compliance with any foreign legislation. If you access the Website, you are responsible for compliance with all local laws.
INDEMNITY BY YOU
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Website in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Website in an authorized manner.
ENTIRE AGREEMENT; MISCELLANEOUS
This Agreement is subject to change by the Company without your consent at any time. When we post changes to the Agreement, we will put and revise accordingly the "last updated" date at the top of this Agreement. We recommend that you check our Website from time to time to inform yourself of any changes in this Agreement or any of our other policies.