1. General – AltTester®

The AltTester® software service (the “Service”) and all of its underlying assets (source code, functionality, documentation, software configuration) belong to the company ALTOM CONSULTING SRL (hereinafter referred to as ALTOM), with headquarters for office activities in Cluj-Napoca, 28 Avram Iancu Street, mezzanine floor, Cluj county, Tax Code RO24111715, J12/2808/2008.

ALTOM can periodically change the Terms and Conditions (T&C). Any update of these T&C shall be notified to the clients by email or by a warning visible on the website, the modified version being accessible through the webpage and applicable from the moment of notification to any Client of the services provided.

The client commits to permanently monitor the T&C that can be updated, changed and completed. In case of conflicts, the terms and conditions available at their occurrence between the parties are applicable, respectively at the notification date of the conflict made by the  Client, in writing, to ALTOM.

DEFINITIONS:

Visitor – represents the person who accesses, visits or sees the content of the website https://alttester.com.

Client – represents the visitor who filled in the order form and who purchased and paid one of the services provided by ALTOM in the conditions set out below.

2. Acceptance of the Terms and Conditions (T&C)

Accessing the website and/or registering for purchasing a subscription and/or the usage of the services provided through the website https://alttester.com represent your express consent for accepting these T&C, which regulate the contractual relationship between you and ALTOM.

By accessing the website, its contents and the services – the Visitor or Client takes the responsibility for any material, intellectual or any other type of damages caused by ALTOM to him/her or any of his/her third parties by using/accessing non-compliantly the website, the content or the services.

If the Visitor or Client does not accept and/or revokes the expressed consent regarding these T&C’s, she/he gives up on the right to access the website, its content and the services provided by ALTOM through the domain https://alttester.com.

Once the Visitor or Client revokes the consent regarding these terms and conditions, thus giving up on the services provided through https://alttester.com, ALTOM cannot be held liable by a Visitor/Client who uses the website or the content, without complying with these terms and conditions.

If a person considers that fragments of the content posted on the website infringes one of his/her rights, he/she can contact ALTOM for details using the contact information published on the website.

ALTOM is not responsible for the content of other websites accessed by the Visitor/Client using connections (links) existent on the website or in the content of the communication with ALTOM.

3. Intellectual Property Rights

ALTOM has the exclusive copyright and all other intellectual property rights to the Service and all content of the Service and all of its underlying assets, including, but not limited to the source code, object code, functionality, documentation, software configuration, the logos, styled representations, trademarks, trade symbols, static images, dynamic images, multimedia text and any other content presented on the website.

It is forbidden to use the Service or any content of the Service for other purposes than those expressly allowed by these T&C. Any content of the Service or any information related to the Service to which the Visitor or Client has and/or obtains access by any means (free use or payable use), falls within these T&C.

The Visitor, Client or any other party is not allowed to copy, reproduce, share, publish, transfer, modify, alter, integrate, sell or otherwise expose any content of the Service or any of its underlying assets to third parties. Any violation of ALTOM’s intellectual property rights entitles ALTOM immediately to suspend access to the Service.

4. Licensing of Altom products

Through the website https://alttester.com, ALTOM makes available a series of product licenses and services, in the form of monthly or yearly subscriptions, in accordance with the description from the website.

4.1 Installation and Data storage

Some of the solutions of the Service might require downloading and installing a desktop application. We are not taking responsibility for any conflicts between our solution and other applications from the user’s computer.

Also, based on the subscription type, the application can collect the following data types:

  • log file, saved only on the user’s computer and not shared anywhere else
  • license key, saved on the user’s computer and also sent to https://alttester.com
  • connection status and duration, sent to https://alttester.com with the purpose of validating the correct setup and usage of the application. In case of failed connections, the connection status and the error messages are sent to altom.com to help the development team with the debugging.

4.2 Trial Period

Some of the subscriptions or services offered through https://altom.com may include a free trial period. A free trial period is intended to allow the user to test the tools or services for a limited number of days free of charge, as described in the offer webpage. Trial periods are limited to only one trial per user. A user can use only one email address to register and activate the trial access key.

4.3 Subscriptions

Some parts of the Service are billed on a subscription basis. Clients will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on an annual or monthly basis.

At the end of each Billing Cycle, the subscription will automatically be renewed under the exact same conditions unless the client cancels it or ALTOM cancels it.

The purchase of any new subscriptions is made by filling in the order form available for the visitors on https://alttester.com. After purchasing a subscription the client will gain access to a new unique access key available for the entire Billing Cycle. At the beginning of every billing cycle, the access key availability will be renewed for another cycle. In case of cancellation of the subscription the access key availability will be discontinued at the end of the billing cycle already paid.

A valid payment method, including credit card, is required to process the payment for the subscription. The client will provide accurate and complete billing information including full name, address, state, zip code, telephone number, valid VAT number (if the client represents a company) and a valid payment method information. By submitting such payment information, the client automatically authorizes ALTOM to charge all subscription fees the client selected.

After the payment ALTOM will issue an electronic invoice.

ALTOM may modify any of its tools and services from time to time, including but not limited to adding or deleting features and functions.

ALTOM does not offer any guarantee in case of any consequences which might appear because of the malfunctioning of the services, the delay of the information or the security of its applications.

ALTOM commits to remedy as soon as possible the disruptions claimed regarding the functioning of the service. ALTOM, the collaborators and the content owners cannot be held liable under no circumstances for the consequences generated by the usage of the information/materials existent on the website or requested by other means.

ALTOM does not guarantee the usage of its services without errors or interruptions. ALTOM does not guarantee and is not responsible for errors, data losses or delays in their transmission, for the infection of the systems by the visitors with computer viruses or other harmful programs transmitted to the visitors’ systems through the services accessible on https://alttester.com if they are not the fault of ALTOM.

ALTOM takes all the reasonable steps to prevent cyber frauds, but is not responsible towards the Client for the possible damages caused by the third parties’ illegal actions.

ALTOM has the right to assign its obligations to a third party. The Visitor or Client has the right to fully benefit from the services provided through the website https://alttester.com in accordance with these T&C.

4.4 Cancellation

The Client may choose to cancel his subscription at any time, by accessing the Client account page. After cancellation the Client will have access to our tools and services up until the end of the last Billing Cycle.

4.5 Fee changes

ALTOM may modify the subscription fees at any time. The Client will receive a reasonable prior notice of any change in subscription fees to give the client an opportunity to terminate the Subscription before such change becomes effective.

4.6 Client Account

When purchasing a subscription or starting a free trial, we create a client account for the Visitor. The client account stores billing information, credit card information and free trial or subscription information.

The Client can access his/hers account by login at the following webpage www.alttester.com/my-account/ with the email and password provided when creating the account.

The Client can see and edit his/her information, at any time.

All Client accounts will be deleted after a maximum of 12 months period of inactivity. As long as a Client has an active subscription, the account is considered to be active. In the case of subscription cancellation followed by a maximum of 12 months where no interaction has been made with the client’s account (the Client did not login into his account), the account will be deleted.

When a client account is deleted, all personal information from orders and subscriptions, stored on the e-commerce platform used by https://alttester.com will be deleted.

5. Communication between ALTOM and the Client

ALTOM may contact the Client using the contact information provided on the checkout page to:

  • Ask for feedback on any aspect related to the product purchased by the Client or related to the purchasing process.
  • Ask for a review of the product used by the Client. ALTOM will decide where and when the review will be published.
  • Inform the Client of updates and any relevant changes made to the product purchased by the Client.
  • Inform the Client of any relevant changes made to the Client’s order, subscription or account.

6. Suspension of the access

Should failure to comply with these T&C, ALTOM can cancel, suspend or limit the Visitor’s or Client’s access to the content of the website, tools and services without any further notification or formality and without needing to justify this action.

7. Force majeure and unforeseeable circumstance

Within the conditions of these T&C, none of the parties shall be responsible for the non-compliance on time and/or inadequately, entirely or partially, with any of the obligations undertaken on the basis of the agreement, if the non-compliance with the respective obligation was caused by a force majeure or an unforeseeable event.

The following cases shall be considered force majeure: total or partial strikes, the implementation of new legal restrictions, the closing down of the computer systems used by ALTOM or used for the compliance with his own obligations, closing down of the telecommunication means etc.

The party or his/her legal representative who invokes one of the aforementioned events is obliged to bring to the other party’s knowledge its occurrence, if possible, immediately and completely, and to take any available measures in order to reduce the consequences of the respective event. The party that invokes the aforementioned event is exempted from the obligation only if it impediments him/her from complying with it.

If within 15 days from the occurrence of the event, the respective event still makes it impossible to perform the agreement, each party shall have the right to notify the other party regarding the termination of full right of the agreement, none of the parties being able to claim the other party compensation.

The party who invokes the force majeure event has to prove the impossibility to comply with the obligations within 30 days from the occurrence of the event.

8. Litigations

The provisions of the Romanian law are applicable to these terms and conditions, as well as to the agreements concluded between ALTOM and the clients.

Any conflict which might appear between the Visitor/Client and ALTOM shall be settled amicably. If this is not possible, the conflict shall be settled by the competent court from Romania, at the headquarters of ALTOM, in compliance with the Romanian legislation in force.

If any of the aforementioned clauses shall be declared null or invalid, regardless of the cause, this fact shall not affect the validity of the other clauses and of the agreement which shall remain in force.

9. Data Processing and Controller Responsibilities

ALTOM, as the Controller, processes personal data strictly for invoicing and account management purposes. No personal data is processed through the AltTester® service itself. The data collected, specifically account and billing information, is handled with utmost care and in compliance with applicable data protection regulations. By using our services, you agree to this limited data processing for invoicing purposes.

10. Final provisions

ALTOM reserves the right to be able to make any modifications of the website/its structure/content without a prior notification.

ALTOM reserves the right to introduce any kind of advertising banners and/or connections on any page of the website, in compliance with the legislation in force.

If you have any questions regarding the terms and conditions you can contact us:

Notice of Update: These Terms and Conditions were last updated on 27.08.2004, reflecting the addition of Section 9 regarding Data Processing and Controller Responsibilities.

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