Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Testimona offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at email@example.com.
1.1 Our Purpose
Our services offer our users the ability to easily build highly functional, anti-counterfeiting strategies, to manage threats and create new ways of thinking about security and packaging – without being tech-savvy or a design guru. As detailed below, we offer our users numerous video tools and features for bundling security elements to create a solution for your products both on pack and online. The online videos selected for Users unique purposes are collectively referred to herein as (“User Bundle(s)”).
1.2 Legal Agreement
The Testimona Terms constitute a binding and enforceable legal contract between Testimona's affiliated company Fordholm Pty Ltd and subsidiaries worldwide (“Testimona”, “us” or “we”) and you in relation to the use of any Testimona Services - so please read them carefully.
1.3 User Account
In order to access and use certain sections and features of the Testimona Services, you must first register and create an account with Testimona (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Bundles’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Testimona Services), make changes to your User Bundles(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Bundles (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the Testimona Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
Testimona will consider the owner of a User Account, User Bundle and/or User Content created and/or uploaded to the relevant Testimona Service, as the person or entity who has access to the e-mail address then listed in Testimona’s records for such User Account under which such User Bundles or User Content was created.
If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Testimona will consider the owner of such User Account and/or the relevant User Bundles' and/or User Content created there under, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”).
Notwithstanding the forgoing, Testimona shall have the right to determine the ownership of User Content and/or a User Bundles as it chooses, including by ignoring the indications set forth above, in event Testimona deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Testimona.
2. Your Obligations
2.1 You represent and warrant that:
you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Testimona Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Testimona Terms;
you are not a resident of (or will use the Testimona Services in) a country that the U.S. government has embargoed for use of the Testimona Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that Testimona does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
And specifically regarding your User Content:
you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Testimona Services for you, to your User Bundles (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a collection of User Bundles (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
you have (and will maintain) the full power, title, licenses, consents and authority to allow Testimona Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Bundle’s visitors and users (“End Users”) reside, or for Testimona and/or your End Users to access, import, copy, upload, use or possess in connection with the Testimona Services;
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.2 You undertake and agree to:
fully comply with all applicable laws and any other contractual terms which govern your use of the Testimona Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the Testimona Services which occur under your User Account and/or User Bundle(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Testimona Services);
regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
receive from time to time promotional messages and materials from Testimona or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
allow Testimona to use in perpetuity, worldwide and free of charge, any version of your User Bundle (or any part thereof) for any of Testimona’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Testimona or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
Testimona’s sole discretion as to the means, manner, and method for performing the Testimona Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
Testimona shall have the right to offer the Testimona Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Testimona Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
2.3 You agree and undertake not to:
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Testimona Website, the Testimona Services (or any part thereof), any Content offered by Testimona or Third Party Services for use and display within User Bundles (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Testimona’s prior written and specific consent and/or as expressly permitted under the Testimona Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Testimona or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
upload, insert, collect or otherwise make available within the Testimona Website or the Testimona Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
publish and/or make any use of the Testimona Services or Licensed Content on any website, media, network or system other than those provided by Testimona, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Testimona Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Testimona, in advance and in writing;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Testimona Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Testimona Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Testimona Services;
act in a manner which might be perceived as damaging to Testimona’s reputation and goodwill or which may bring Testimona into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Testimona or Testimona Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the Testimona Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Testimona and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Testimona or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of Testimona Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Testimona Services and/or User Platform without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Testimona Services, User Platform, the account of another User(s), or any other systems or networks connected to the Testimona Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the Testimona Services or any network connected to the Testimona Services;
upload to the Testimona Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Testimona Services or Testimona’s systems or networks connected to the Testimona Services, or otherwise interfere with or disrupt the operation of any of the Testimona Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the Testimona Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
access to Testimona Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Testimona Services, except as expressly permitted by the Testimona Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Testimona Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the Testimona Terms or any laws or requirements applicable to your use of the Testimona Services.
access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
3. Content and Ownership
3.1 Your Intellectual Property
As between Testimona and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Testimona does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
3.2 Testimona's Intellectual Property
All rights, title and interest in and to the Testimona Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Testimona Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Testimona.
Subject to your full compliance with the Testimona Terms and timely payment of all applicable Fees, Testimona hereby grants you, upon creating your User Account and for as long as Testimona wishes to provide you with the Testimona Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Testimona Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Testimona Terms, and solely within the Testimona Services.
The Testimona Terms do not convey any right or interest in or to Testimona’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Testimona Terms constitutes an assignment or waiver of Testimona’s Intellectual Property rights under any law.
3.3 Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the Testimona Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Testimona. By providing such Feedback to Testimona, you acknowledge and agree that it may be used by Testimona in order to: (i) further develop, customize and improve of the Testimona Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Testimona -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Testimona may use to provide and improve its services, (vi) to enhance Testimona data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Testimona any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
3.1 Your Intellectual Property
5. Service Fees
5.1 Paid Services
The use of certain Testimona Services may be subject to payment of particular fees, as determined by Testimona in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Testimona will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Testimona reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Testimona shall have the right to automatically and without notice renew your subscription to such Testimona Service(s) at the full applicable Fee.
All Fees shall be deemed to be in Australian A.U.D. Dollars, except as specifically stated otherwise in writing by Testimona. To the extent permitted by law (and unless specified otherwise by Testimona in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Testimona Services, or to any payments or purchases made by you. If Testimona is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Testimona is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize Testimona (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Testimona or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
5.3 Subscriptions Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off he auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods).
For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Testimona will attempt to automatically charge you the applicable Fees using the payment method you have on file with Testimona, within two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Paid Service is subject to a yearly or multiple-year subscription period, Testimona will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
You may turn-off the auto-renewal option or cancel your Paid Services at any time via your User Account or by emailing firstname.lastname@example.org.
Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Testimona Services you use (whether or not such Testimona Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Testimona Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Testimona Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Testimona in relation to the discontinuation of any Testimona Services or Third Party Services, for whatever reason.
5.4 Money-Back Guarantee
If you are not satisfied with Testimona Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Testimona Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Testimona services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the Testimona Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Testimona Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Testimona receives such notice within such Refund Period, Testimona will refund to you the amount Testimona charged you for such Testimona Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Testimona will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Testimona Services actually received, as permitted by law.
Please note: Certain services purchased on or through the Testimona Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Testimona Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Testimona will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Testimona account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Testimona Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the Testimona Services will not resume until you re-subscribe for any such Testimona Services, and pay any applicable Fees in full, including any fees and expenses incurred by Testimona and/or any Third Party Services for each Chargeback received (including Fees for Testimona Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Testimona, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Testimona Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Testimona Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.