Versions Compared

Key

  • This line was added.
  • This line was removed.
  • Formatting was changed.

Last updated: 1st September 2021

These terms and conditions (the "Terms") govern your use of this "AssertThat When we say “Company”, “we”, “our”, “us”, “T-Con“ in this document, we are referring to Tokus Consulting Services Limited.

When we say “Services” or “Apps”, we mean any product created and maintained by T-Con. This includes TestSpell - BDD & Cucumber in Jira" Plug-in available through Atlassian Marketplace (the "Plug-in"). By accessing, browsing, or using this Plug-in, you acknowledge that you have read, understood, and agree to be bound by the Terms and to comply with all applicable laws and regulations, including our Privacy Policy. If you do not agree to these Terms, please do not use this Plug-in.

AssertThat may at any time and without prior notice revise these Terms and any other information contained in this Plug-in. AssertThat may also make improvements or changes to the products, services, or programs described in this Plug-in at any time without notice. You shall be responsible for reviewing and becoming familiar with any such modifications, and your continued use of the Plug-in constitutes your acceptance of the revised Terms as modified.

 for Jira.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your access to any of our Services.

General Use Rights and Restrictions

...

Subject to the Terms, AssertThat T-Con may provide certain services and content, as described more fully in the Plug-inServices, and which are selected by you through the process provided in the Plug-in (the “Services”)Services. The Services shall include , but are not limited to, any services AssertThat T-Con performs for you, as well as the offering of any materials displayed or performed in the Plug-inServices, including but not limited to diagrams, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips (the "Content") in the Plug-inServices.

The Content provided as part of the Services is the sole responsibility of the person from which such content Content originated. AssertThat T-Con may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. AssertThat T-Con may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability.

All Services and Content, including information, documents, products, goods, and software as provided in the Plug-inServices, were provided by or to AssertThat T-Con by its respective manufacturers, authors, developers, and vendors (the "Third-Party Providers") and may be protected by intellectual property rights. Except as stated herein, none of the Services and Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of AssertThat T-Con or the Third Party Provider. No part of the Plug-inServices, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of AssertThatT-Con. You also may not, without AssertThat’s T-Con’s prior express written permission, link to or "mirror" any Services or Content contained in this Plug-in Services on any other server.

Nothing ​Nothing in this Plug-in Services shall be construed as conferring any license under any of AssertThat’s T-Con’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download AssertThat’s Services and Content in this Plug-in provided that:

  1. you have written permission from AssertThat stating that you are authorised to do so,

  2. you keep intact all copyright, trademark, and other proprietary notices, and display this permission notice,

  3. the use of such Services and Content is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and

  4. no modifications of any of the Services and Content are made.

This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded and printed Services and Content.

Any unauthorized use of any Services and Content contained in this Plug-in may violate copyright laws, intellectual copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You will not use any robot, spider, scraper or other automated means to access the Plug-in for any purpose without the express written permission of AssertThat. Additionally, you agree that you will not:

  1. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;

  2. interfere or attempt to interfere with the proper working of the Plug-in or any activities conducted in the Plug-in; or

  3. bypass any measures AssertThat may use to prevent or restrict access to the Plug-in.

 

Third-Party Content Disclaimer

 

Service  Service and Content provided by Third Party Providers have not been independently authenticated in whole or in part by AssertThat. AssertThat T-Con. T-Con does not provide, sell, license, or lease any of the Services or Content other than those specifically identified as being provided by AssertThatT-Con.

AssertThat ​T-Con is committed to respecting others’ intellectual property rights, and we ask you to do the same. AssertThat T-Con may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights. 

Links to Third Party Sites and

...

 

...

Services

The Services may be linked to other plug-insServices, sites, and resources which that are not under the control of and are not maintained by AssertThat. AssertThat T-Con. T-Con is not responsible for the content of those plug-insServices, sites or resources. AssertThat T-Con is providing these links to you only as a convenience, and the inclusion of any link to such plug-ins Services and sites does not imply endorsement by AssertThat T-Con of those plug-insServices, sites or resources. You acknowledge and agree that AssertThat T-Con is not responsible for the availability of such external plug-insServices, sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those plug-insServices, sites, or resources.

When ​When you access a non-AssertThat plugT-in Con Services or site, even one that may be linked to AssertThat T-Con or contain its logo, it is up to you to take precautions to protect yourself from any viruses and other potentially destructive programs, and to protect your information as you deem appropriate.

 

Software Use Restrictions

 

Any plugin or software that is made available to download from the Plug-in (the "Software") is the copyrighted work of AssertThat and/or Third Party Providers. Use of the Software is governed by these Terms. You will be unable to install any Software, unless you first agree to be bound by these Terms. Except as stated herein, any further copying, reproduction or redistribution of the Software is expressly prohibited.

Limited installation assistance, product support and maintenance, if any, of the Software is available from AssertThat and/or the Third Party Providers, as the case may be.

Software is warranted, if at all, in accordance with these Terms. Except as set forth herein, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.

AssertThat may, in its sole discretion, remove any Software or terminate the accounts or access rights of users who infringe or otherwise violate these Terms (including, but not limited to, upon receipt of claims or allegations of abuse from third parties or authorities). To report any abuse of these Terms, please email: support@assertthat.com.

 

Submissions

 

 Submissions

Unless otherwise explicitly stated, any information or documentation provided by you in connection with this Plug-in the Services shall be deemed to be provided on a non-proprietary and non-confidential basis. AssertThat T-Con shall have no obligation of any kind with respect to such information or documentation and shall be free to use or disseminate it on an unrestricted basis for any purpose.

You ​You acknowledge that you are responsible for the information and documentation that you submit, and you, not AssertThatT-Con, have full responsibility for it, including its legality, reliability, appropriateness, originality, and copyright.

 

Disclaimer  Disclaimer of Warranty

...

Unless otherwise explicitly stated, the Services, Content, and Software available on and through the Plug-in Services are provided "as is", are experimental, and are for commercial use only, and all express or implied conditions, representations, and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. AssertThat T-Con makes no representations, warranties, guarantees as to the quality, suitability, truth, accuracy, or completeness of any of the Services, Content, and Software contained on or available through the Plug-inServices. Any questions regarding these should be directed to AssertThat T-Con or the Third Party Providers, as applicable.

You ​You understand and agree that if you download or otherwise obtain the Services, Content and Software available on and through the Plug-inServices, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

 

Limitation of Liability

 

AssertThat T-Con shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Services, Content, and Software available on and through the Plug-inServices. In no event shall AssertThat T-Con be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data, or other economic advantageadvantages) however it arises, whether for breach or in tort, even if AssertThat T-Con has been previously advised of the possibility of such damage.

You ​You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the Plug-in Services and will not make a claim against AssertThat T-Con for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Services, Content, and Software.

You agree to hold AssertThat T-Con harmless from, and you covenant not to sue AssertThat T-Con for, any claims based on using the Plug-inServices. 

Governing Law and Jurisdiction; Export Control

...

These Terms shall be governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales. Diversion of the Services, Content, and Software contrary to the law of England and Wales is prohibited. You agree that none of the Services, Content, and Software, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the UK Government.

AssertThat T-Con controls and operates this Plug-in the Services from England, and makes no representation that the Services, Content, and Software are appropriate or available for use in other locations. If you use this Plug-in the Service from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

Unless otherwise explicitly stated, all marketing or promotional materials found on this Plug-in the Services are solely directed to individuals, companies, or other entities located in the UK, Europe, and the United States and Australia.

 

General

...

 General

These Terms represent the entire understanding between the parties relating to the use of the Plug-in Services and supersede any prior or contemporaneous, conflicting or additional, communications, oral or written. AssertThat T-Con may revise these Terms at any time without notice by updating this posting.

If you have a question about any of the Terms of Service, please contact us.

Email: support@testspell.com