Welcome to Happy Testing, a software-as-a-service (SAAS) company based in the Netherlands, operating under Dutch law. Please take a moment to review the following terms and conditions that govern your use of our services.
1. Ownership and Intellectual Property
The Happy Testing service, provided through our platform (referred to as the "Service"), and all its components, including custom software, test files, documentation, source code, databases, infrastructure, designs, audio, video, text, photographs, and any related materials ("Content"), are the exclusive property of Happy Testing. and are protected by copyright and applicable intellectual property laws in the Netherlands and internationally. You may access and use this Content solely for your internal use in connection with our Service. Any unauthorized commercial use, reproduction, distribution, or exploitation of the Service or its Content without our express written permission is strictly prohibited. All rights are reserved by Happy Testing.
2. Ownership of Custom Software
While Happy Testing may be involved in creating custom software and related materials on your behalf ("Custom Software"), you will own the intellectual property rights to these Custom Software. If any legal requirement would cause us to own Custom Software instead of you, we will assign our interest in the Custom Software to you without limitations. You guarantee that any materials provided to us during the development process do not infringe on third-party rights.
3. Third-Party Components
If the Custom Software incorporates third-party components or software not owned by Happy Testing and requires licenses for legal use, we will inform you in writing. You are responsible for acquiring the necessary licenses for these components to legally use the Custom Software. Failure to do so will be your sole responsibility.
4. User Representations
By using our Service, you represent and warrant that you have the legal capacity to agree to these Terms of Use. You are not a minor in your jurisdiction, and you will use the Service in compliance with all applicable laws and regulations.
5. Prohibited Activities
You must use the Service only for its intended purposes. Prohibited activities include, but are not limited to, unauthorized use, data retrieval for commercial purposes, security interference, unauthorized linking, fraudulent actions, disrupting our networks, or engaging in activities that compete with Happy Testing. Reverse engineering, bypassing security measures, and harassment of our employees or agents are also strictly prohibited.
6. User Feedback
Any feedback or submissions you provide (each a "Submission") in connection with the Service remain your property. However, by providing Submissions, you grant Happy Testing a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, adapt, modify, and display the Submissions for any lawful purpose. You retain the right to use your Submissions as you see fit.
7. Service Management
We reserve the right to monitor the Service for violations of these Terms of Use and to take appropriate legal action in response to violations or any applicable law, statute, or regulation. We may also restrict or terminate your access to the Service at our discretion.
8. Privacy Policy
By using the Service, you agree to our Privacy Policy, which is incorporated herein. Your continued use of the Service implies your consent to data transfer and processing as outlined in our Privacy Policy.
9. Returns and Refunds
Happy Testing reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Happy Testing are ownership of the company and are prohibited from being used by the Client in any way.
10. Modification
We reserve the right to modify, alter, or discontinue any aspect of the Service at our discretion. We may also update these Terms of Use without notice.
11. Service Interruptions
We do not guarantee uninterrupted access to the Service. Technical issues may cause interruptions beyond our control. You agree that Happy Testing is not liable for any loss, damage, or inconvenience caused by Service interruptions.
12. Governing Law
These Terms of Use are governed by Dutch law.
13. Litigation
Disputes must be solved between the Client and Happy Testing to the extent possible. If that is impossible, the court in the district in which Happy Testing has its registered office has jurisdiction to hear and decide on the dispute, unless the Subdistrict Court has jurisdiction to decide on the claim, on the grounds of its nature or the amount/value involved. In the latter case the Subdistrict Court has exclusive jurisdiction to hear and decide on the dispute.
14. Disclaimer
The Service is provided "as-is." We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not responsible for errors, inaccuracies, or third-party products or services advertised through the Service.
15. Limitations of Liability and Indemnification
Happy Testing and its affiliates are not liable for any direct, indirect, or consequential damages arising from your use of the Service. You agree to defend and indemnify us against any claims or losses resulting from your use of the Service.
16. User Data
You are solely responsible for the data transmitted through the Service. We are not liable for any loss or corruption of this data.
17. Electronic Communications and Signatures
You consent to receive electronic communications from us. Electronic signatures, contracts, invoices, and records are considered valid. You waive any requirements for non-electronic records or payments.
18. Showcasing Custom Software
We may showcase Custom Software developed for you unless an agreement between us states otherwise.
19. Miscellaneous
These Terms of Use and any policies on the Service constitute the entire agreement between you and Happy Testing. Failure to enforce any provision does not waive our rights. If any provision is deemed unlawful or unenforceable, it will be severed without affecting the remaining provisions. These Terms do not create a partnership, employment, or agency relationship.
20. Contact Information
For questions or complaints, please contact us at: paul@happytesting.io.