Updated: 26 November 2024
Thank you for using MyTestApp! We're happy you're here. These Terms of Use (or "Terms") govern your use of MyTestApp, MyTestApp+, MyTestApp.me, and MyTestApp AI Support (the "Services"). These terms constitute a legal agreement between you and Impact Tiling Group Pty Ltd ("Impact Tiling Group" or the "Company").
We understand that legal language can be complex, so we've provided summaries to help you understand these terms better. By using the Services, you agree to the following terms. If you don't agree to these terms, you may not use the Services.
You must be at least the age of majority or have your parents' permission to use the Services. You represent and warrant that you have full power and authority to legally enter into these Terms. IF YOU DO NOT AGREE TO THESE TERMS OR CANNOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES. If you are accepting these Terms of Use on behalf of an organisation, you represent and warrant that you are authorised to legally bind the organisation.
If you download MyTestApp (the "App") from the Apple App Store, you acknowledge that these Terms are an agreement between you and Impact Tiling Group, and not with Apple, and that Impact Tiling Group is responsible for the content in the App.
Summary: You must be at least 18 years old or have parental permission to use our services. If you are accepting these terms on behalf of your organisation, you agree that you are permitted to accept these terms on your organisation's behalf.
Your use of our Services is also subject to our Privacy Policy, which is our policy regarding the use of your information. Although it is not a part of these Terms, it is an important document that you should read prior to your use of the Services.
Summary: Please read the Privacy Policy before using our services.
Impact Tiling Group Pty Ltd does not warrant that the Services will be free from bugs. By using the Services, you agree that your use of the Services is at your own risk.
You must not use the Services in any way that violates any applicable laws or regulations. Impact Tiling Group will not be liable for your failure to comply with law while using our Services.
We reserve the right to update or modify the Services at any time without prior notice. In such cases, you will not be entitled to any refunds or compensation.
By using the Services, you represent and warrant that you are not located in or a citizen of a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the Services, you agree that you will not disrupt or interfere with the normal operations of the Services or any servers or networks connected to the Services.
Summary: We don't promise that the services we provide are free from bugs. You may not use our services to violate any applicable law or regulation. We can update or modify the services at any time without prior notice. You may not use our services if you are located in Cuba, Iran, North Korea, Sudan, Syria, or if you are a resident of those countries. You may not interfere with any server of network connected to our services.
Subject to your compliance with these Terms, we grant you a non-transferable, revocable license to use the Services.
When you submit feedback to us via the Services, solely for the purposes of improving our websites, services, and software, you grant us a license to use, reproduce, and keep a record of your submitted feedback.
Summary: If you comply with our terms, we grant you a non-transferable, revocable license to use the services. By submitting feedback to us, you permit us to use and store your feedback in our servers to improve our services.
By using the Services, you agree that you will not: copy, sell, resell, rent, duplicate, reproduce, pirate, illegally download, trade, reverse engineer, decompile, or disassemble (or any part thereof).
You are free to stop using the Services at any time. Impact Tiling Group Pty Ltd reserves the right to suspend or terminate your use or access to the Services at any time without prior notice for any reason, especially for the following reasons:
You breached these Terms or are ineligible to use the Services.
We must do so to comply with applicable laws or regulations.
Your use of our Services could cause harm to Impact Tiling Group, our users, or anyone else.
Summary: You can stop using our services anytime. We may suspend or terminate your use of our services for any reason.
THE SERVICES ARE PROVIDED BY IMPACT TILING GROUP PTY LTD AND ITS AFFILIATES "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL IMPACT TILING GROUP PTY LTD OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Summary: We disclaim all warranties and liability for damages arising from the use of our services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL IMPACT TILING GROUP PTY LTD AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IMPACT TILING GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR ENTERED FROM THE SERVICES; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES.
Summary: We and our affiliates are not liable for any damages resulting from the use or inability to use our services.
If any part of these Terms is found to be unenforceable according to applicable laws or regulations, the remaining provisions will still be in full effect.
You agree to indemnify, defend, and hold harmless Impact Tiling Group Pty Ltd and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services.
You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to Impact Tiling Group Pty Ltd. In addition to any other remedies available at law or in equity, Impact Tiling Group shall have the right to seek injunctive relief or other equitable remedies against you to prevent or address such harm. You further agree that the pursuit of equitable remedies by Impact Tiling Group Pty Ltd shall not limit its right to seek monetary damages or any other available legal remedies.
We may update these Terms from time to time. It is your responsibility that you check our website to ensure that you are aware of any updates. By continuing to use the Services, you agree to any future changes made to these Terms of Use.
Summary: You are responsible to check our website to ensure that you are aware of any updates to these terms. You agree to any future changes to these terms if you continue to use our services.
These supplemental terms, along with the MyTestApp Terms of Use, govern your use of a MyTestApp+ subscription.
Payment. By subscribing to MyTestApp+, you authorize us to charge the payment method associated with your Apple ID the MyTestApp+ subscription fee for your country or region. The subscription fee is $2.99 AUD lifetime, $1.99 USD lifetime, or similar price in other countries.
Refunds. We recommend contacting App Store Support to request a refund for MyTestApp+.
Usage Restrictions. By subscribing to MyTestApp+, you agree that you will not share, resell, or transfer your subscription to anyone outside your organisation.