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Prevent Discrepancies and Losses by Proactively Eliminating API Failures with HyperTest
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Last Updated: November 27, 2022
HyperTest, Inc. and its affiliates d/b/a HyperTest (“HyperTest”, “we”, “our”) welcome you (the “User(s)”, or “you”) to our primary website at https://hypertest.co/ (the “Site”). Our Site offers basic information regarding our company and our services and allows the Site’s Users to contact us as well as to apply for open positions at HyperTest (“Service(s)” as further detailed below). Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.
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The Site is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization’s behalf and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder.
For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization.
2. The Site and the Services
HyperTest provides an API testing platform, provided as a software-as-a-services, that prevents API failures (such as data errors, contract failures and status code errors).
The Site may provide you with comprehensive information regarding, inter-alia, HyperTest’s products and services, concept, company overview, company team, partners, contact information, a blog which serves as a resources library, news regarding our company, job opportunities and so forth, including any other content related thereto such as contact information, videos, photos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”).
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(collectively, the “Services”)
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IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, HYPERTEST’S AND HYPERTEST’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO HYPERTEST FOR USE OF THE SITE OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM HYPERTEST’S REPRESENTATIVES.
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18. Amendments to the Terms
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Additionally, HyperTest may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that HyperTest does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and HyperTest relating to the subject matter herein and supersedes any and all prior written or oral agreements or understandings between you and HyperTest, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of California and the federal U.S. laws applicable therein without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in Santa Clara County, California. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, HyperTest may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by HyperTest, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
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If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to email@example.com