Testifyre Terms of Service

What Are the Terms of Service?

The Terms of Service constitute a contract between you and us. The Terms of Service include the provisions set forth in this document and in the Testifyre Commercial Terms, User Guidelines, IP Compliance Program, Supplemental Terms, and if applicable the Testifyre Community Agreement, and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Testifyre Service offerings (all of which we collectively refer to as the “Terms”).

IF YOU RESIDE IN THE UNITED STATES OR ARE OTHERWISE SUBJECT TO THE U.S. FEDERAL ARBITRATION ACT, THESE TERMS ALSO CONTAIN A MANDATORY AND BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER WHICH MEANS THAT MOST DISPUTES BETWEEN YOU AND US WILL BE RESOLVED IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL. (SEE THE SECTION FURTHER BELOW IN THESE TERMS TITLED “WHAT DO I DO IF I THINK I HAVE A CLAIM AGAINST TESTIFYRE?”). YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS OR WITHIN 30 DAYS OF THE AVAILABILITY OF THIS OPT-OUT, WHICHEVER IS LATER. INSTRUCTIONS FOR OPTING OUT ARE IN THE SAME SECTION FURTHER BELOW.

If you do not agree to these Terms, you do not have the right to access or use the Testifyre Service. If you do register for or otherwise use the Testifyre Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

By using the Testifyre Service, you acknowledge the Privacy Policy, including, without limitation, the use and treatment of the Content in your account and your personal information in accordance with such Privacy Policy.

What Is the Testifyre Service?

The Testifyre Software and other products, services and websites made available to you by TheKnittedApp, LLC, including downloadable applications, the Community Admin Portal, User Forum[pending], and Help & Learning[pending] are collectively referred to in these Terms as the “Testifyre Service.” In exchange for being enabled to use the Testifyre Service, you agree to abide by these Terms.

If This Is a Contract, Who Are the Parties?

You, the Account Holder, are one party to this contract. (An Account Holder is the person or entity who has contracted with Testifyre.)

TheKnittedApp, a Limited Liability Company headquartered in Georgia, USA, is the distributor of the Testifyre Service and is another party to this contract. TheKnittedApp, LLC may be referred to in these Terms, when applicable, as “we” and “us.”

On some occasions, you may be purchasing products or service subscriptions from an authorized reseller. Please review our Commercial Terms for information about additional contract terms relating to such purchases.

Is This the Only Contract That Applies to the Testifyre Service?

It depends upon how you interact with the Testifyre Service and our software applications. If you install any Testifyre Software on your computing devices, you may be asked to agree to an end user license agreement. If you pay for an Testifyre subscription, you will be asked to agree to the Commercial Terms. If you use related Testifyre products or services (such as the Testifyre Community Admin Portal) or participate in a related user forum, you may also need to enter into a separate agreement with us (usually by clicking “accept” or “agree”). We refer to each of these as a “Separate Agreement.” If that happens, the Separate Agreement shall take precedence if there is a conflict between those terms and this Terms of Service document, to the extent of such conflict and with respect to the particular subject matter of that Separate Agreement.

Will These Terms Ever Change?

These Terms may be amended as new features, technology, or legal requirements arise, so please check back from time to time. If we make a significant change, we’ll notify you and, where required, seek your consent.

If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using the Testifyre Service (see “How is My Account Closed” below); your continued use of the Testifyre Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.

What Do I Have to do to Use the Testifyre Service?

First, you need to create an Testifyre Service account. You create an account by providing us with an email address and creating a password. We refer to this as your “Basic Subscriber Information”. We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Basic Subscriber Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Basic Subscriber Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Basic Subscriber Information secure. If you discover any unauthorized use of your Basic Subscriber Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team.

Second, you may need to access your account through a web browser or by installing our client software on your computers, tablets and phones. Obtaining those devices and paying for their connectivity and data plans is your responsibility. We have no responsibility for the availability of the Internet and other telecommunication services necessary to access the Testifyre Service.

Can I Share My Account with Someone Else?

Testifyre Service accounts should not be shared. If you share your Basic Subscriber Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper Account Holder. We will not have any liability to you (or anyone you share your Basic Subscriber Information with) as a result of your or their actions under those circumstances. Since you may use a free Testifyre Service account, and since the Testifyre Service provides a number of mechanisms to allow you to share your account Content with others, we strongly urge you not to share your information with anyone, unless you are doing so as part of your estate planning purposes, as discussed below.

Once I Have an Account, What Are My Rights in the Testifyre Service?

Once your account is created and you accept these Terms, you may access and use the Testifyre Service subject to these Terms, for so long as you are not barred from receiving the Testifyre Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, you are granted a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Testifyre Software provided to you for the sole purpose of enabling you to use the Testifyre Software and enjoy the benefit of the Testifyre Service, subject to any applicable license terms provided with the Testifyre Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in the Testifyre Software or the Testifyre Service.

Testifyre’s Data Protection Laws Say My Data Is Mine – What Does That Mean?

You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Testifyre Service. But you do have to grant us a limited license, as described below, so we can make your data accessible and usable on the Testifyre Service. Other than this limited license and other rights you grant in these Terms, we acknowledge and agree that we do not obtain any right, title or interest from you under these Terms in any of your Content.

What Is the License I Have to Grant to You?

In order to allow us to operate and distribute the Testifyre Service, you must provide certain limited license rights to process your Content that is covered by intellectual property rights so that technical actions taken in operating the Testifyre Service are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing certain Content, unless you provide these rights. Accordingly, by using the Testifyre Service and uploading Content, you are granting us a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such Content to enable us to operate and offer the Testifyre Service. You also agree that we have the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.

You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for us to make such Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Testifyre Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if we determine such access is necessary to comply with our legal obligations.

If you elect to use any third-party service or application that is integrated with the Testifyre Service, you also agree that the licenses granted to us in the preceding paragraph shall apply to Content that is submitted or uploaded through such third-party service or application. If the third-party service or application you elect to use would access or extract Content, you grant us the right and license to enable third-party access to and extraction of your Content. We do not assume any responsibility for, or liability on account of, the actions or omissions of such third-party applications or service providers.

As we rely upon your rights to upload and distribute your Content, you represent and warrant that (1) you have the unfettered legal rights and authority to submit your Content to the Testifyre Service, to make any other use, publication or other distribution of that Content in your use of the Testifyre Service, and to grant the rights granted to us under these Terms; and (2) your Content complies with our User Guidelines and these Terms.

Finally, you understand and agree that, in performing the required technical steps to provide the Testifyre Service to our users, we may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.

What Other Assurances Do I Have to Grant to You?

When you use the Testifyre Service to send messages to an email address, to a telephone number via SMS, or through a social media account (e.g., Facebook or LinkedIn) that has not been linked to a Testifyre account, the Testifyre Service sends such messages on your behalf, and we rely on your representation that you have a direct relationship with the recipient(s) and that you are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted SMS messages). Whenever you send any kind of message to a third party you represent and warrant that you are acting within the law and that you have prior consent from the recipient to send them such a message.

Are There Rules about What I Can Do on the Testifyre Service?

Yes. Your use of the Testifyre Service must be in accordance with these Terms. When it comes to your use of the Testifyre Service, you agree that you are responsible for your own conduct and all conduct under your account. You agree to safeguard your password and to keep your Basic Subscriber Information current. You also agree that you will not share your account credentials or give others access to your account. In addition, you understand that all Content created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Testifyre Service. This applies whether the Content is kept private, shared or transmitted using the Testifyre Service or any third-party application or services integrated with the Testifyre Service. Our User Guidelines provide more specific details regarding prohibited conduct on the Testifyre Service. If we find that any shared Content in your account violates our Terms (including by violating another person’s intellectual property or privacy rights), we reserve the right to un-share or take down such content.

I’m Guessing You Have Some Rights Relating to the Testifyre Service?

We do. They’re described here:

Do These Terms Apply to Testifyre Community Account Holders?

If you are using the Testifyre Service as part of a Multi-Seat Account (Testifyre Community Account), your use of the Testifyre Service is governed by these Terms, except to the extent the Separate Agreement governing your account provides conflicting terms. If you subscribed through our online Testifyre Community Agreement, your subscription will now be governed by the Testifyre Community Agreement. The Customer who has contracted with Testifyre and the Administrator of the account (as “Customer” and “Administrator” are defined in the applicable agreement) have the responsibility to and agree to share the terms of such Separate Agreement with each individual End User whose user account is linked to the Testifyre Community Account.

If you are an End User of such an account, please note that the Customer of your account (such as your community administrator or organization) may have established its own rules regarding End Users’ access, use, disclosure, or retention of data stored in that account.

How Do We Respond to Copyright or Other Intellectual Property Violations?

We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which comply with the United States Digital Millennium Copyright Act and other applicable laws). If you believe that your intellectual property rights have been violated, please notify our Customer Support team and your notification will be processed in accordance with our policies and as contemplated by law. Account Holders who are deemed repeat infringers pursuant to TheKnittedApp’s Repeat Infringer Policy will, in appropriate circumstances, be terminated pursuant to that policy. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and we do not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.

Can Kids Use Testifyre?

Testifyre is not intentionally directed to minors, and any use by minors should only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Testifyre Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy.

Consistent with applicable law, we do not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will promptly delete it.

Where Does My Data Go?

the Testifyre Service is available worldwide, but your data is stored in the United States, as described in our Privacy Policy. If you use the Testifyre Service, you acknowledge that you may be sending electronic communications (including your Basic Subscriber Information and Content), through computer networks owned or operated by TheKnittedApp, its Service Providers, and other third parties located in the United States and other countries. As a result, your use of the Testifyre Service will likely result in interstate and possibly international data transmissions, and your use of the Testifyre Service shall constitute your consent to permit such transmissions.

How is My Account Closed?

You may close your account with the Testifyre Service at any time, for any reason (or no reason). When you close your Testifyre account, your Content will be deleted within 60 days from the Testifyre Service and your Content can no longer be accessed or recovered by you or TheKnittedApp. If you subscribe to a Paid Service, you will need to cancel your subscription pursuant to our Commercial Terms prior to closing your account.

We may act to temporarily limit your use of the Testifyre Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for suspending or closing your account may include, without limitation: (i) breach or violation of these Terms, any Separate Agreement, or subsequently developed User Guidelines, (ii) an extended period of inactivity (determined in our sole discretion), (iii) your nonpayment of any fees or other sums due TheKnittedApp or any other party related to your use of the Testifyre Service, (iv) the discontinuance or material modification of the Testifyre Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive Unsupported Use.

In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Testifyre Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Testifyre Service through that account.

What Happens to My Account when I Die?

Our pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Content or other data in your account after you are no longer able to provide them access, you need to implement a process for providing your information to them. We will not provide your information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Basic Subscriber information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so. Please see our Commercial Terms for information on terminating payment for Paid Services upon death or incapacity.

If I Have a Great Idea to Share with You, What Are My Rights?

When you submit any ideas, suggestions, documents and/or proposals relating to the Testifyre Service (or other products or services) to us through the “Contact Us,” User Forum, or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) we may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become our property without any obligation to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from us under any circumstances.

Does Testifyre Serve Ads?

Our business model is to make the Testifyre Service so valuable that our users will want to subscribe to a Paid Service. However, we may display advertisements and promotions on or in connection with the Testifyre Service, some of which may be paid for by third parties. For more information, please see our Privacy Policy and Cookie Notice.

Some advertising or other messaging content we provide will be based upon information provided by third parties, and we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Testifyre Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.

What Else Do I Need to Know?

If You Have to Send Me Notice of Something, How Will That Happen?

This is another reason why it’s important for you to make sure your Basic Subscriber Information is accurate, complete and up to date. We may provide you with notices by email (to the email address associated with your account), regular mail or postings on the website(s) related to the affected Testifyre Service.

How Can I Send a Notice to TheKnittedApp?

Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to us must be delivered by email to support@theKnittedApp.com. This email address may be updated as part of any update to these Terms. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Testifyre Service distributor):

With a copy to support@TheKnittedApp.com

Are There Countries Where I’m Not Allowed to Use Testifyre?

You may not use or otherwise export the Testifyre Service or any Testifyre Software except as authorized by United States (“U.S.”) law and the laws of the jurisdiction in which the Testifyre Service is hosted or where you use the Testifyre Service. In particular, but without limitation, the Testifyre Software may not be (i) exported or re-exported into any countries that are subject to U.S. economic sanctions or (ii) provided to or used by anyone on the U.S. Department of the Treasury's lists of Foreign Sanctions Evaders or Specially Designated Nationals or the U.S. Department of Commerce Denied Persons, Unverified, or Entity lists. By using the Testifyre Service, you represent and warrant that you are not located in any such country or on any such list, and shall not use the Testifyre Service, or provide access to or use of the Testifyre Service to anyone, in any such country. In addition, you are responsible for compliance with applicable export control, economic sanctions and related laws when you travel across international borders and access your Content.

What Law Applies to My Use of Testifyre?

These Terms and the relationship between you and us (including any dispute) shall be governed in all respects by the laws of the State of Georgia, U.S., as they apply to agreements entered into and to be performed entirely within Georgia between Georgia residents, without regard to its conflict of law provisions.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

What Do I Do If I Think I Have a Claim Against Testifyre?

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND US FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND WE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.

Anything Else?

A couple of final, but important, points. First, these Terms constitute the entire agreement between you and us, and govern your use of the Testifyre Service, except for, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and Testifyre for the use of the Testifyre Service as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Testifyre Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party. Second, you acknowledge and agree that each affiliate of TheKnittedApp shall be a third-party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third-party beneficiary to these Terms. Finally, the section headings in these Terms are for convenience only and have no legal or contractual effect.

In the event of a conflict, the English language version shall govern.

Questions And Our Contact Information

Any questions or concerns should be addressed to our support team at support@theknittedapp.com or by mail at: