1. Introduction and Acceptance of the Agreement
The following are the terms of an agreement between you and TDG. By accessing, or using this website, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this website and/or the services provided through this website.
TDG may, without notice to you, at any time, revise these Terms of Use and any other information contained in this website. TDG may also make improvements or changes in the products, services,fees, prices, or programs described in this site at any time without notice.
This terms of use contains general provisions as well as provisions related to TaaS(Test as a Service). Please read the entire document.
2.General
This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see the tab entitled “Copyright and trademark information” for related information.
TDG grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within this site as a customer or potential customer of TDG provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Web site as permitted by this Web site’s robots.txt protocol, and TDG may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site.) All other use of this site is prohibited.
Except for the limited permission in the preceding paragraph, TDG does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
3. Disclaimer
From time to time, this Web site may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Web site, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Web site.
If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.
4. Forward-looking and Cautionary Statements
Except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements within the meaning of the applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company’s filings with the Securities and Exchange Commission.
5. Confidential Information
TDG does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to TDG will be deemed NOT to be confidential. By sending TDG any information or material, you grant TDG an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that TDG is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:
(a) we obtain your permission to use your name; or
(b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or
(c) we are required to do so by law. Personally-identifiable information that you submit to TDG for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding TDG’s privacy policies.
6. TR Government Restricted Rights
TDG provides the software downloaded from this Web site to TR Government users with “RESTRICTED RIGHTS.” Use, reproduction, or disclosure is subject to the restrictions set forth in applicable law.
7. Global Availability
Information TDG publishes on the Internet may contain references or cross references to TDG products, programs and services that are not announced or available in your country. Such references do not imply that TDG intends to announce or make available such products, programs, or services in your country. Please consult your local TDG business contact for information regarding the products, programs, and services that may be available to you.
8. Business Relationships
This Web site may provide links or references to non-TDG Web sites and resources. TDG makes no representations, warranties, or other commitments or endorsements whatsoever about any non-TDG Web sites or third-party resources that may be referenced, accessible from, or linked to any TDG site. In addition, TDG is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an TDG site. When you access a non-TDG Web site, even one that may contain the TDG-logo, please understand that it is independent from TDG, and that TDG does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.
9. Linking to this Site
TDG consents only to links to this Web site in which the link and the pages that are activated by the link do not:
(a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site;
(b) misrepresent your relationship with TDG;
(c) imply that TDG approves or endorses you, your Web site, or your service or product offerings; and
(d) present false or misleading impressions about TDG or otherwise damage the goodwill associated with the TDG name or trademarks. As a further condition to being permitted to link to this site, you agree that TDG may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease any related use of TDG trademarks.
10. Disclaimer of Warranty
Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. Tdg expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, tdg makes no warranty or guarantee that this web site will be uninterrupted, timely, secure, or error-free.
You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services from this web site, 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. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
11. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will TDG be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this web site or any use of this web site, or of any site or resource linked to, referenced, or accessed through this web site, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if tdg is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
Terms of Use for Test as a Service (TaaS)
1. Acceptance of Terms
By utilizing the Test as a Service (TaaS) provided by TDG, you hereby agree to adhere to these Terms of Use. If you do not consent to these terms, please refrain from using the TaaS.
2. Service Description
2.1 Scope of Services: TDG provides testing services, including, but not limited to, functional testing, test data management, test automation, and performance testing, as delineated in the Test as A Service section.
2.2 User Responsibilities: Users bear the responsibility of supplying accurate information, test cases, and requisite access permissions for the testing process.
3. Access and Accounts
3.1 Account Creation: Users may be obligated to establish an account to access TaaS. Users pledge to provide precise and comprehensive information during the registration process.
3.2 Account Security: Users are accountable for upholding the confidentiality of their account credentials and for all activities transpiring under their account.
4. Service Levels
4.1 Availability: TDG will exert commercially reasonable efforts to ensure TaaS availability. Nonetheless, no assurances are provided, and downtime may transpire for maintenance or unforeseen circumstances. Additionally, TDG will notify users in advance whenever possible.
5. Data Handling and Privacy
5.1 Data Usage: TDG will manage client data in conformity with its Privacy Policy, accessible on the Browseemall website.
5.2 Data Ownership: Clients preserve ownership of their data, and TDG will refrain from utilizing client data for purposes other than testing without explicit consent.
6. Intellectual Property
6.1 Ownership: Any intellectual property, including test scripts and tools, conceived during the testing process, will be TDG’s property unless there is an agreement to the contrary between the parties.
7. Payment Terms
7.1 Fees and Billing: Clients commit to remitting fees as stipulated in the Browseemall website. Billing terms, payment schedules, and any applicable taxes will be explicitly outlined and communicated via email.
TDG reserves the right to change fees at any time.
8. Termination
8.1 Termination Rights: The service is subscription-based. The client has the right to choose not to renew and terminate the service at the end of the purchased plan. If the client cancels the plan prematurely, the payment made will not be refunded.
9. Limitation of Liability
9.1 No Warranty: TDG disclaims any warranties concerning the TaaS, and users concur to employ the service at their own risk.
9.2 Limitation of Liability: TDG shall not be accountable for any direct, indirect, incidental, or consequential damages arising out of or in connection with the utilization of the TaaS.
10. Governing Law and Dispute Resolution
10.1 Governing Law: These Terms of Use are governed by the laws of Republic of Turkey, without regard to its conflict of law principles.
10.2 Dispute Resolution: Any disputes arising under or in connection with these terms shall be resolved through arbitration in accordance with the rules of ISTAC (Istanbul Arbitration Center). The Istanbul Arbitration Center is authorized to resolve disputes arising from this service.
11. Changes to Terms
TDG retains the prerogative to modify or update these Terms of Use at any time. Clients will be apprised of changes, and continued use of the TaaS constitutes acceptance of the amended terms.