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Applitest test manager
Terms and Conditions | Privacy policy

Last updated June 29, 2023

1. General

These General Terms and Conditions (“T&C”) form part of the services you requested to receive from Hooppa Technology Solutions Ltd (“Applitest”), and set forth the terms and conditions according to which Applitest provides the right to use the Platform (as defined below) to customers, and all as specified in this T&C, effective for the Term (as defined below).

 

Applitest is an Israeli private limited company engaged, inter alia, in the development, of a software (“TestManager”) that provides the Platform (as defined below).

 

Subject to the terms and conditions of the Agreement, Applitest grants you a limited, non-exclusive, non-assignable, royalty-free, non-transferrable, non-sub-licensable, revocable right of use, during the Term (defined below), to use the TestManager on one or more compatible devices that you own or control, and use the TestManager solely for your own personal and non-commercial use (the “RoU”). It shall be clarified that the intellectual property of the TestManger shall be solely owned by Applitest.  

 

All headings, headlines, and numeration of articles, and the division of this T&C are for convenience purposes only and do not have any legal meaning attributed thereto.

The customer hereby undertakes not to use the TestManager for an illegal purpose and/or for any purpose prohibited by this T&C.

 

By accessing and using the TestManager, the customer confirms that it undertakes and agrees to be bound by this T&C.

 

If the customer is a corporation:

 

The corporation hereby declares that all required corporate approvals have been received in accordance with the incorporation documents and the relevant law, for the purpose of its engagement with Applitest under this T&C.

 
2. The Platform

The TestManager is a complementary platform to different No/Low Code automation platforms, adding a layer that simplifies the execution process of the tests, manage faults analysis process and adds reports and dashboard on automation tests runs (the “Platform”).

 

The Platform can be used ‘AS IS’, and the use of the Platform may change from time to time according to the sole discretion of Applitest.

 
​3. Term and Termination

RoU shall become effective upon the Effective date of the Service Agreement and until the termination of the Services Agreement between you and Applitest as specified in the Service Agreement.

Applitest shall have the right to terminate the RoU at any time, for any reason, without prior written notice, at its sole discretion.

 

Consequences of Termination

The following provisions shall apply upon termination or expiration of RoUfor any reason: (i) Applitest shall cease to provide the access to the Platform according to this T&C. (ii) this Consequence of Termination, The relevant provisions of section 4 (Customer’s Information and Privacy Policy), 7 (Indemnification and Liability), ‎8 (Intellectual Property), and 12 (Miscellaneous) shall survive termination or expiration of this T&C.

4. Customer’s Information and Privacy Policy

In order to use the Platform, the customer may provide Applitest, with information, including its full name, phone number, E-mail address, etc. (the “Customer’s Information”).

The Customer confirms that the Customer’s Information which will be provided by the customer to Applitest, will be provided voluntarily and with full consent, and the customer acknowledges that providing false information is a criminal offense, and by providing false information the customer is subject to criminal and civil legal proceedings.

 

Applitest will take all measures to protect the Customer’s Information provided to it. In cases where it is possible for a third party to gain access to the Customer’s Information provided to Applitest, the customer hereby agrees that it shall not have any claim or demand against Applitest.

 

It is hereby clarified that Applitest will not make any use of the Customer’s Information contrary to the purpose for which the Customer’s Information is provided.

 

Applitest takes its customer’s privacy very seriously. To learn about Applitest’s customer’s privacy policy, please see attched Annex A to this T&C (the “Customer’s Privacy Policy”). By using Applitest’s Platform the customer hereby agrees to all the terms of the Customer’s Privacy Policy.

 
5. Representation and Warranties

The Platform is provided "AS-IS" and the customer acknowledges it has reviewed the Platform which is the subject matter of this T&C, found them suitable for its needs, and consents to their functionality. Applitest does not warrant that use of the Platform and/or any part thereof will be error-free or uninterrupted. Provided, however, that the Platform shall conform to the requirements in this T&C. Applitest is not responsible for the availability and/or functionality of any feature in the Platform that is a third-party feature and/or feature provided and/or executed through the Platform that Applitest integrated into the Platform.

 

Applitest is not responsible for any software installed or used by the customer on any device, and or any other third-party messaging application that is integrated with the Platform.

 

It is hereby clarified that any use of such third-party applications by the customer is subject to those applications' terms of use and their privacy policy. 

 

APPLITEST DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLITEST MAKES NO WARRANTY AS TO THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS.

 

Applitest represents and warrants to the customer that: (i) all Platform performed hereunder will be performed in a professional and workmanlike manner, with care, skill and diligence, and consistent with the applicable standards in Applitest’s profession or industry; and (ii) The Platform will be tested for, and do not contain Harmful Code; “Harmful Code” means any computer code, programming instruction, or set of instructions (including without limitation, self-replicating and self-propagating programming instructions commonly called viruses and worms) that are constructed with the ability to damage, interfere with, or otherwise adversely affect computer programs, data files, or hardware, without the consent or intent of the computer’s user.

 

Errors and Waiver. Without derogating from the above, the customer acknowledges, that Applitest does not warrant that use of the Platform and/or any part thereof will be error-free or uninterrupted, errors may accrue especially with this kind of automatic and/or semi-automatic services. Applitest shall do best efforts to prevent such errors/malfunctions, but it is clarified that Applitest is unable to prevent this at any given time, and so, the customer hereby waives and hold harmless Applitest from any claim and/or suit and/or demand against Applitest and/or anyone on its behalf in connection with any type of damage caused to him and/or to anyone on his behalf and/or to any of his customers as a result of such errors/malfunctions.

 

The customer represents and warrants to Applitest that during the entire period of the Term the customer shall not violate any applicable law, or breach any order of the court or other governmental agency. The customer shall comply with any applicable laws, ordinances, and regulations. The customer undertakes that any information the customer has given to Applitest is true, accurate, and complete.  Unless the customer is an individual, the customer also represents and warrants to Applitest that the customer is and will remain duly organized, validly existing, and in good standing under the laws of the customer’s jurisdiction of organization.

6. No Employee-Employer Relations

The relationship between Applitest and the customer shall be that of independent contractors. Neither Applitest nor the customer shall assert the existence of an employment relationship between Applitest and the customer.

 
7. Indemnification and Liability

TO THE EXTENT PERMITTED BY LAW, THE CUSTOMER WILL INDEMNIFY AND HOLD APPLITEST FREE AND HARMLESS FROM ANY LIABILITY FOR LOSSES, CLAIMS, INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO PROPERTY ARISING FROM THE CUSTOMER USING THE TESTMANAGER OR FROM THE ACTS OR OMISSIONS OF ANY PERSON OR PERSONS, INCLUDING THE CUSTOMER, USING THE TESTMANAGER.

 

COMPANY’S LIABILITY TO THE CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO ILS 50,000.

 

CUSTOMER WILL HOLD APPLITEST FREE AND HARMLESS FROM ANY LIABILITY AND INDEMNIFY APPLITEST, ITS EMPLOYEES, MANAGERS, SUBSIDIARIES, AFFILIATES, OR ANYONE ON ITS BEHALF FOR AMY DAMAGE, LOSSES, CLAIMS, PAYMENTS, OR EXPENSES INCURRED, DIRECTLY OR INDIRECTLY, INCLUDING ATTORNEY’S FEES, EXPERT FEES, AND REASONABLE LEGAL EXPENSES, IN CONNECTION WITH OR DUE TO THE VIOLATION OF THE T&C AND/OR FOR ANY CLAIM OR DEMAND BROUGHT AGAINST APPLITEST AND/OR ANYONE ON ITS BEHALF BY THE CUSTOMER AND/OR ANYONE OF ITS REPRESENTATIVES AND/OR BY ANY THIRD PARTY IN CONNECTION WITH AND/OR AS A RESULT OF THE USE (OF ANY KIND) OF THE TESTMANAGER.  

 

IN NO EVENT SHALL APPLITEST BE LIABLE TO THE CUSTOMER, OR ANY THIRD PARTY, FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH THE APP’S PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS T&C, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

8. Intellectual Property

The customer acknowledges Applitest’s exclusive right, title and interest in any and all of the technical information and know-how, including existing and future inventions, and any modifications, extensions, enhancements or improvements of the TestManager, and discoveries, technology, documented ideas, trade secrets, copyrightable works and mask works (whether or not registered), processes, procedures, designs, software, systems, specifications, recipes, formulas, preparation methods, designs, developments, devices or methods (whether patented or able to be patented and whether or not reduced to practice) and all patents, copyright, trademarks, service marks, database rights (whether registered or unregistered) and all registrations and applications for registration related thereto and all other intellectual or industrial property rights, now existing or subsisting or hereafter developed or arising anywhere in the world regarding the TestManager (collectively, the "Intellectual Property"). The Customer acknowledges that it has no rights, title or interest to the Intellectual Property, apart from the right to use such Intellectual Property as is provided by Applitest to the Customer, as set forth explicitly in this Agreement.

The customer agrees not to reverse engineer the Platform or any part thereof. The customer will not use or access the Platform to: (i) build a competitive product or services, (ii) make or have made a product using similar ideas, features, functions, or graphics of the Platform, (iii) make derivative works based upon the Platform, (iv) copy any features, functions or graphics of the Platform. The customer will not “frame” or “mirror” the Platform. The use, resale, or exploitation of the Platform, except as expressly permitted in this T&C, is prohibited.

The customer shall do all things necessary to protect Applitest’s rights as set forth in this Section 8 and upon Applitest’s request, shall, amongst others, execute any documents confirming Applitest’s ownership of such rights and otherwise required to protect Applitest’s ownership of such rights.

The customer shall promptly notify Applitest, in writing, of any and all infringement of the Intellectual Property, and shall assist Applitest in any action deemed necessary by Applitest to protect such Intellectual Property.

The customer agrees that it shall not attempt to register the Intellectual Property in any country or permit any of its affiliates to do so.

The customer agrees not to file any cancelation and/or nullity proceedings against the registered Intellectual Property rights of Applitest, and also not to file opposition proceedings (including third-party observation) against any application to register the Intellectual Property rights of Applitest

 

9. Violation of the T&C and Termination of the Platform

Violation of any of the T&C will result in the immediate shutdown of the customer’s access to the Platform. Applitest reserves the right to block the customer’s access to the TestManafer at any time, with or without cause.

 

Without derogating from the above, Applitest may determine, at its own discretion, to enable the use of the Platform in one of the following cases:

 

The customer intentionally provided incorrect/ false/ misleading information;

The customer committed an act or omission which harms or may harm Applitest and/or any other third party, and/or other customers;

The customer used the Platform in order to perform or attempt to perform an illegal act under any relevant law, or an act that is presumed to be illegal, or to enable, facilitate, assist or encourage the performance of such an act;

 

The customer acted inappropriately in violation of its obligations under this T&C.

 

The customer violated any of the terms specified in this T&C.

Applitest reserves the right to terminate the Platform or change the Platform, at Applitest’s sole discretion, at any time, and without prior notice.

 

10. Changes

Applitest reserves the right to change and update the T&C from time to time, without any prior notice.

The customer hereby confirms and agrees that Applitest may amend or update its T&C from time to time, and the customer continued use of the Platform after any modification whatsoever to this T&C, indicates its consent and approval to the updated T&C, and customer agrees to be bound by the updated T&C

 

Without derogating from the above, the customer undertakes to review the T&C from time to time and to keep up to date with the changes before each use of the app. The customer is precluded from any demand and/or claim regarding the customer not being updated on such changes. The date of the last update is mentioned in the title of this T&C.

 
​11. Contact and Customer Service

If you have any questions regarding the Platform, you are welcome to contact Applitest by contacting Applitest’s e-mail address as follows: Contact@Applitest.co.il

Applitest will do its best in order to provide you with an answer within 3 business days as of the date you made contact with Applitest.

 

12. Miscellaneous

Neither Party shall be liable for its failure to perform or for delay in performance of such party’s obligations under this T&C if such performance is prevented, hindered or delayed by reason of any cause beyond the reasonable control of such party, provided that the party shall use reasonable efforts to remove such causes of non-performance. This T&C and the rights and duties hereunder shall not be assignable by either party hereto except that Applitest shall be entitled to assign this T&C to a successor in the event of a merger or purchase of the control in Applitest's shares or substantially all of the assets of Applitest and Applitest shall be entitled to assign all its rights and obligations under this T&C to a fully owned subsidiary of Applitest. 

 

Any notices hereunder shall be in writing and sent to the other party at its address set forth above, or email below, all of which may be changed upon written notice to the other party. Notices shall be deemed received five days after mailing by registered mail, or the next business day following delivery confirmation, or email, delivery receipt confirmed.

 

This T&C and performance hereunder shall be governed by and construed in accordance with the laws of the State of Israel. Any action by either party against the other shall be brought exclusively in the applicable courts in Tel Aviv, Israel. Each party acknowledges that it has read, fully understands and agrees to be bound by this T&C, and further agrees that it is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to the subject matter of this T&C.  If any provision of this T&C shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder. Any notice, request, instruction, or other document to be given hereunder by any party hereto to any other party hereto shall be in writing and delivered personally or sent by email, to the other party’s designated contact. Any notice that is delivered in the manner provided herein shall be deemed to have been duly given to the party to whom it is directed upon actual receipt by such party (or its agent for notices hereunder).

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ANNEX A

PRIVACY POLICY - HOOPPA TECHNOLOGY SOLUTIONS LTD.

 

Privacy

We, Hooppa Technology Solutions, operating under the laws of the State of Israel, with its Israeli offices at Moshav Ahiud, Israel (hereinafter: “Applitest” or “we” or “us”) committed to protecting your privacy and your personally identifiable data and other personal information (the “Personal Data”). Applitest has created this Privacy Policy to let you know what information we collect when you use our software (“TestManager”), how we collect it and how we make use of it.

 

When you access or use the TestManager (the “Platform”) you are required to read this Privacy Policy, understand what will be made with your personal data and how it will be processed, and you understand that your use of any of the Platform is subject to your acceptance of this Privacy Policy, and if you continue using the Platform you agree to this Privacy Policy.

 

By using our Platform and by providing us with Personal Data you represent and warrant that you are at least 18 years old, and have the required legal capacity for the aforesaid.

 

YOU DO NOT HAVE TO AND YOU ARE NOT OBLIGATED UNDER THE LAW TO PROVIDE YOUR PERSONAL DATA TO US, BUT IF YOU DO NOT, WE MAY BE UNABLE TO PROVIDE THE SERVICES OR ANY PART OF THEM TO YOU.

The headings in this Privacy Policy are intended strictly for convenience and shall not be used to interpret its provisions.

 

Personal Data Collected

We collect and stores your Personal Data such as your name, email address, phone number and any other personally identifiable information which you have provided us in any forms you may have submitted to us, or in the course of any other forms of interaction between you and us, to the extent it may be considered Personal Data (see below of what may not be considered Personal Data). Applitest collects and stores the aforesaid Personal Data when you visit or use the Platform and when you provide it to us, and also in your communications with us.

You are responsible for ensuring the accuracy of your Personal Data you submit to Applitest through the Platform. Inaccurate information will affect the information you receive when using the Platform and our ability to contact you as contemplated in this Privacy Policy as well as to provide you with the Platform in the best manner possible, or at all.

Special Categories. There are special categories of personal data, data which reveals or contains: racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation (hereinafter: “Special Categories of Personal Data”) and therefore is more sensitive.

It is important that you understand that part of the Personal Data you must not provide us any information considered to be as Special Category of Personal Data (such as genetic data, health data, sexual orientation) and this kind of Personal Data will not be collected or be used or processed. We request that you do not provide us any Special Category of Personal Data via our services or in any other way.

In addition, please note that this Privacy Policy does not cover the following information as it is not considered Personal Data:

  • Information relating to a legal entity (e.g. corporate information, contact details, accounting information, etc.);

  • Anonymized data, namely information which does not relate to an identified or identifiable natural person or to Personal Data rendered anonymous in such a manner that the data subject is not or no longer identifiable.

 

Use of Personal Data

Applitest uses the Personal Data it collects from and/or about you to establish and manage the contractual relationship between us, provide you with our Platform, when required by law, provide customer support, undertake necessary security and identify verification checks, and/or for other internal purposes, such as evaluating, providing, and improving the Platform.

 
Sharing and Transfer of Your Personal Data

We may also share Personal Data with third parties, i.e. service providers which provide us services with respect to the Platform provided to you, such as: server providers, IT services contractor, law enforcement authorities, administrative and regulatory bodies.

Without derogating from the above, we may disclose your Personal Data to associated entities, at our sole discretion, where the purpose of such disclosure is to provide you with the Platform and to improve the Platform as part of compliance with contractual duties between us.

In addition, we may disclose your Personal Data if we believe in good faith that such action is necessary to comply with applicable legislation, a current judicial proceeding, a court order or legal process, or to protect and defend Applitest's (or its licensor's) rights or property, the personal safety of other users of the Platform or the public at large. We reserve the right to share the Personal Data with appropriate authorities and financial institutions, if we determine in our sole discretion that you attempted to defraud us, or if we suspect you are committing any fraudulent activity, or any other prohibited transaction, or if you breach the Terms of Use of our Service.

In the event that Applitest sells, assigns or transfers some or all of its business or assets to a successor or acquirer, or if Applitest is acquired by or merge with a third party, or if Applitest files for bankruptcy or becomes insolvent, we may disclose, sell, assign or transfer all of your Personal Data as part of the transaction.

International Transfers. Some transfers of data may be located at destinations outside of your country. The data protection and privacy laws of the jurisdictions to which the Personal Data will be transferred may not be as comprehensive as those in your state or as comprehensive as those of your country/state, we try to only send your applicable information to countries that have strong data protection laws, and to parties that can provided us sufficient guarantees to security. If you would like more information about where your information might be sent, please contact us.

 

Cookies

Applitest uses a browser feature known as cookies, which are small text files which are placed on your computer or equipment when you visit certain online pages, to track your activities, record your preferences, and make the Platform more responsive to your needs by delivering a better and more personalized experience to you.

It helps the website to remember information about your visit, like your preferred language and other settings. That can make your next visit easier and the site more useful to you. Cookies play an important role for ease your use of the Platform.

We use different types of cookies to run the Platform. Some or all of the cookies may be stored in your browser. You can view and manage cookies in your browser (though browsers for mobile devices may not offer this visibility).

You are able not to allow cookies, which is why most browsers give you the ability to manage cookies to suit you.

Some browsers limit or delete cookies, so you may want to review your cookie settings. In some browsers you can set up rules to manage cookies on a site-by-site basis, giving you more specific control over your privacy. What this means is that you can disallow cookies from all sites except those that you trust.

 

Security

Applitest has implemented suitable security policies, rules and technical measures to protect and safeguard the Personal Data under its control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. Applitest may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the service. These may be located at destinations outside your country/state. By accepting this Privacy Policy and by the submission of your Personal Data, you agree to this. All of Applitest's employees and data processors that have access to, and are associated with the processing of your Personal Data, are obliged to respect the confidentiality of your Personal Data. However, we cannot guarantee the security of your data, which may be compromised by unauthorized entry or use of the Platform.

Reasonable physical, technical, and procedural measures shall be taken to:

  • Prevent and/or to identify unauthorized or unlawful collection, processing, and transmittal of Personal Data; and

  • Prevent accidental loss or destruction of, or damage to, Personal Data.

 
Rights with respect to the Personal Data

In certain circumstances, you have rights in relation to the Personal Data that we hold. Therefore, you have the following rights: the right to review your Personal Data, the right to request to have the Personal Data rectified (corrected) if the Personal Data are incorrect or incomplete.

Please note that we may require you to verify your identity before responding to any requests to exercise rights. To exercise rights with respect to the Personal Data, please contact us in our contact information provided below. Please note that for each of the rights below, we may have valid legal reasons to refuse such request, in such instances we will let you know if that is the case.

 
Retention and Deletion of Your Personal Data

Applitest may retain your Personal Data for as long as needed to provide you with the Platform and with accordance to the purposes for collecting your Personal Data as specified herein in this Privacy Policy. Please note, that where applicable legislation requires us to do so, it may be required to keep records of your Personal Data, even after termination of engagement between us, for longer period.

 
Change to this Policy

We reserve the right to make, from time to time, changes and updates to this Privacy Policy. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. If you do not agree to the altered Privacy Policy, you must stop using the Platform immediately.

 
Complaints

In the event that you wish to learn more about our data privacy practices or to make a complaint about how we process your Personal Data, please contact us in the first instance (see ‘Contact Information’ chapter below).

We will endeavor to deal with your request as soon as possible.

 

Contact Information

In the event that you wish to learn more about our data privacy practices or to make a complaint about how we process your Personal Data, please contact us in the first instance:

 

We will endeavor to deal with your request as soon as possible.

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