Introduction

Simply Testable ("us", "we", "our") is owned and operated by Jon Cram ("the developer"). The following terms and conditions govern all use of the website ("the website") and the provided services ("the service", "services").

The website and service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures (including, without limitation, our privacy and cookie policies) that may be published from time to time on this website by the developer (collectively, the "agreement").

Please read this agreement carefully before accessing or using the website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its services. If these terms and conditions are considered an offer by the developer, acceptance is expressly limited to these terms.

Service Description

The service is a web application that lets you submit a web site or web page for quality tests.

The service performs selected tests against the content of one or more web pages, collects errors, warnings and recommendations and presents you with relevant reports.

Public Data

Definition

Public data is that made available through the Internet in a manner that makes such data available to any entity without the need to provide any means of authentication or identification.

Data made available through a publicly-accessible web site in cases where the web site imposes no authentication or identification requirement is considered public.

Ownership

Ownership of public data remains with the author of the data. Through defining such data as public we do not imply that such data is in the public domain.

Use by the Service

The service may access all public data as necessary to carry out the tests requested.

You allow the developer to present such public data on the website as is required for the results of the performed tests to be meaningful.

Permission to Access

No permission is required for the service to access public data.

Private Data

Definition

Private data is that made available through the Internet in a manner that makes such data available only to authorised entities on provision of accepted authentication or identification.

Use by the Service

The service may access all private data as necessary to carry out the tests requested.

You allow the developer to present such private data on the website as is required for the results of the performed tests to be meaningful and in a manner that reasonably prevents public access.

Permission to Access

You may opt to use features allowing the testing of password-protected sites or the testing of user-specific content.

Through the provision of authentication credentials, either directly or through the provision of user-identifying cookies, you agree to allow the service to access, or attempt to access, all resources available to the specified user.

Responsibility When Accessing Data

You agree that the service is acting on your behalf as an intermediary between yourself and the testing tools provided by the service.

In initiating a web site or web page test as provided by the service you take responsibility for the actions of the service in accessing the required public or private data.

Test Ownership

Definition

A test initiated by a user is solely the property of the user account under which the initiation occurs.

Public Tests

A public test is that carried out by a user not signed in to the service. Ownership of public tests lie with the developer.

Private Tests

A private test is that carried out by a user signed in to the service. Ownership of private tests lie with the account holder.

Test Data Retrieval

To enable normal operation in the testing of a web site, the service may attempt to retrieve the web site's:

  • robots.txt

  • sitemap.xml

  • sitemap.txt

  • sitemap as defined in robots.txt and/or any discovered sitemaps

  • sitemaps as defined within discovered sitemaps

  • RSS or Atom feed as defined in the <head> section of the web site's root

  • web page content

  • linked resources as defined in the markup of a web page

Test Data Storage

When a single web page test is carried out, the service stores the fully-resolved URL of the page tested and the results of the selected tests for that URL.

When a full web site test is carried out, the service stores a list of URLs tested and the results of the selected tests for each URL.

Test Data Ownership and Access

Test data is solely the property of the test owner.

Results of public tests as presented through the website of the service can be accessed by anyone.

Results of private tests as presented through the website of the service can be accessed solely by the test owner.

Raw test data as held directly in the databases of the service can be accessed by the developer. Such access is limited to activities necessary to ensuring the continued operation of the service such as the investigation of faults or the examination of performance matters.

You agree to allow the developer access to all private test data as required in the undertaking of fault-resolution or performance-investigation activities.

Your Account and Data

In creating an account with the service you are responsible for maintaining the security of your account and data. You are fully and solely responsible for all activities that occur under and in relation to and in connection with your account.

Fees and Payment

Optional premium paid services are provided by the service. By selecting a premium service you agree to pay Simply Testable the monthly or annual subscription fees indicated for that service.

Payments will be charged on the day you sign up for a premium service, or after a fixed free trial period where applicable, and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

Failure to meet a required monthly or annual payment will result in your account being downgraded to a free service losing you access to any premium features.

Financial transactions are handled by our payment provider, Stripe. You should read the Stripe privacy policy before upgrading to a paid service to understand how your financial data is stored and handled.

Stripe will provide some or all of its services from systems located outside of Europe. Personally identifiable information held by Stripe may be transferred, processed and stored outside of Europe.

Custom Premium Plans

A premium plan tailored to your specific needs is available upon request in cases where our standard premium plans are not sufficient for your needs.

The price, and available features, of custom premium plans are considered on a case by case basis.

We may ask you to enter into a fixed-term contract prior to the provision of a custom premium plan to better ensure our ability to provide the custom level of service agreed upon.

Lifetime Discounts

A lifetime discount on a premium plan subscription applies to the lifetime of your account with us.

The discount is applied on all plan changes.

Storage of Financial Data

We ask for debit or credit card details ("financial data") in order to take payment for premium services.

We do not directly store any financial data. Financial data is stored with our payment provider Stripe.

Termination

We may terminate your access to all or any part of the website or service at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate this agreement or your account (if you have one), you may simply discontinue using the service

If you have a paid account, such account can only be terminated by us if you materially breach this agreement and fail to cure such breach within thirty (30) days from our notice to you thereof.

We can terminate the website or service immediately as part of a general shut down of our service.

All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Ammendments

The developer reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this agreement periodically for changes.

Your continued use of or access to the service following the posting of any changes to this agreement constitutes acceptance of those changes.

The developer may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.

Warranties

If you have a paid account, we make the following warranty to you: we shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects.

Your sole remedy, and our exclusive liability, for defects in the service shall be for us to use commercially reasonable efforts to promptly correct such defects.

You represent and warrant that:

  1. your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content

  2. with respect to all information you provide to us (such as web site URLs submitted for testing), you have the full right and authority to make such provision and to allow us to use such information to provide the service

  3. none of the content (e.g. test result reports) transmitted, uploaded or otherwise distributed by the service (or its partners or any third party) through use of the service will infringe or otherwise conflict with the rights of any third party.

Warranty Disclaimer

The service is provided "as is". The developer and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the developer nor its suppliers and licensors, makes any warranty that the servvice will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the service at your own discretion and risk.

Limitation of Liability

In no event will the developer, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  1. any special, incidental or consequential damages

  2. the cost of procurement for substitute products or services

  3. interruption of use or loss or corruption of data

  4. any amounts that exceed the fees paid by you to the developer under this agreement during the twelve (12) month period prior to the cause of action

The developer shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless the developer, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the service, including but not limited to your violation of this agreement.