Testly Terms of Use & Sale

Last Updated: June 2, 2023

IMPORTANT – PLEASE CAREFULLY READ THESE TERMS OF USE & SALE (“TERMS” or “AGREEMENT”) BEFORE ACCESSING, USING, OR SUBSCRIBING, OR PLACING AN ORDER THROUGH WWW.ARTICUS.AI. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

The use of www.articus.ai (“Website”), which is owned and maintained by Teamly, LLC (“Company,” “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available through the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (as applicable) agree to the Terms set forth herein.

THIS IS A BINDING AGREEMENT. THESE TERMS OF USE & SALE TOGETHER WITH OUR PRIVACY POLICY AND END USER LICENSE AGREEMENT FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND YOUR BUSINESS, ORGANIZATION OR ENTITY (AS APPLICABLE) (“YOU”, “YOUR”) AND US. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE & SALE IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE, OR ACCESS ANY OF THE CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITE, IN ANY MANNER OR FORM WHATSOEVER.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

SECTION 1 – WEBSITE USE

By using the Website, you represent and warrant that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, have read this Agreement and understand and agree to its terms.

SECTION 2 – WEBSITE USER CONDUCT; INTELLECTUAL PROPERTY; AND RESTRICTIONS-LICENSE TERMS

Aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, product names, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, copyrighted material, trademark, trade name, trade dress, trade secret, or confidential information owned by us.

Subject to your continued strict compliance with all Terms, we provide to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any Website material.

If you purchase one of our software products, or use a free version of one of our software products, you agree to our End User License Agreement (“EULA”), which explains in detail your rights and obligations in connection with the software. To view the EULA, click here.

You agree not to use or attempt to use the Website in any unlawful manner or a manner harmful to us. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website. Further, you agree not to re-sell, re-distribute, or export any product or service that you order from the Website.

You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another website or other service any of our material, content or intellectual property.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

Your submission and our collection of personal and other information through the Website is governed by our Privacy Policy. Our Privacy Policy can be found here: https://www.articus.ai/terms/privacy.php. We reserve the right to modify our Privacy Policy from time-to-time.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS

To access certain features of the Website, we may ask you to provide certain demographic information including your gender, year of birth, zip code, and country. In addition, if you elect to sign up for a particular feature of the Website, such as chat rooms, web logs, or bulletin boards, or to purchase the right to use one of our software products or decide to use a free version of one of our software products, you may also be asked to register with us and such registration may require you to provide personally identifiable information such as your name and email address. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person.

In addition, to use certain features of the Website, you might need a username and password. You are responsible for maintaining the confidentiality of any password you use to access your user account, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, us under your user account. You agree to immediately notify us of any unauthorized use of your password or username or any other breach of security related to your user account. You agree that we are not liable, and you will hold us harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE

If you order a paid service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected], to modify or cancel your pending order. We cannot guarantee that we can cancel or amend any order after it has been placed.

We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction on a case-by-case basis at our sole and exclusive discretion. Your order of products and other services, whether free or paid, is conditioned on you re-affirming your acceptance of this Agreement. All advertised prices are in, and all payments shall be in, U.S. Dollars.

Please review our End User Licensing Agreement for the specific terms governing the purchase of any Articus software or product.

SECTION 6 – PAYMENTS; SUBSCRIPTIONS

You are responsible for paying all sums due to Articus (“Fees”) in connection with your purchases on the Website. Failure to use any of the services available through the service provided by Articus does not relieve you of your payment obligations under these Terms.

Articus may offer you the opportunity to purchase products on a one-time basis or on a subscription, through which you will be billed on an automatically renewing basis. If you purchase a subscription, you acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is canceled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly/annual basis and for a specific amount). If for whatever reason, we are unable to process your recurring subscription payment, we may, in our sole discretion, charge another payment card that we have on file for you, charge you a lesser amount to “pause” your account and retain your information as we attempt to contact you for updated payment information, and/or cancel your account.

IF YOU ARE AN ARTICUS USER WITH A RECURRING SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE ACCEPTABLE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (AS APPLICABLE) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT OR ANY ALTERNATIVE METHOD YOU PROVIDED TO US. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO ARTICUS, YOU MAY DO SO BY EMAILING [email protected] AT LEAST 1 DAY BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION TERM. SOME PRODUCTS MAY INCLUDE A FREE TRIAL PERIOD WHICH WILL CONVERT INTO AUTOMATIC, RECURRING PAYMENTS AFTER THE PERIOD ENDS. YOU MUST CANCEL WITHIN THE FREE TRIAL PERIOD TO AVOID BEING CHARGED.

Articus reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Articus starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.

In addition to any Fees, Articus may also charge applicable value added or other tax.

SECTION 7 –REFUND POLICY

If you are not satisfied with any purchase you make through Articus, you will have 30 days from the date of your original purchase to request a refund. To request a refund, email us at [email protected]. If you order a subscription, you will only be eligible for a refund if you contact us within 30 days of your original purchase. You will not be eligible for a refund for any subsequent subscription terms.