Welcome to the website of Shield34 Ltd. (the “Website” and “Shield” respectively), the developer and provider of the “Shield34 Software Development Kit”, which together with all its related software (“Shield SDK“), has been uniquely designed for optimizing your test automation frameworks in addition to any other form of automation code you might hold (“Test FW“).
These Terms and Conditions of Use (the “Terms“) govern your use of the Shield SDK within our Website (the “Service“). Therefore, please read these Terms carefully before accessing and using our Service.
Your use of the Service signifies your acknowledgment of these Terms, and your agreement to be bound by these Terms and to comply with any and all applicable laws, rules and regulations. If you do not agree to these Terms, please do not register for, or use, the Service. You may not accept these Terms and use the Service if you are under the age of 18 or if you are not qualified to create a binding legal agreement, or if the use of the Service is prohibited by any law applicable to you.
Note that we may change these Terms from time to time, without notice to you. The revised Terms shall become effective immediately upon its posting on the Website. It is your responsibility to review these Terms occasionally. You agree that your continued use of the Service shall constitute your consent to any new or revised set of Terms.
The Website, available at www.shield34.com, enables its Users (as defined below) to make use of the Service in two different methods (“User Flows“):
- In the First User Flow, a User can upload his Test FW to our Website, following which the Shield SDK is automatically incorporated within Shield’s domain. Following the said automatic integration, the User can then download from the Website an optimized Test FW (containing the Shield SDK).
- In the Second User Flow, the User can download the Shield SDK into his/her workspace, after which it can manually integrate the Shield SDK into his/her Test FW.
Following the completion of either of the said User Flows, the Website enables the User to run the optimized Test FW, and review the results generated by the Website at www.shield34.com.
Upon the completion of the User Conditions, the Services shall be provided to the User for a 30-day free trial period. [Users may request to extend the free trial period, and we may extend or refuse to extend the free trial period, at our sole discretion
For the avoidance of doubt, it is hereby clarified that the said User Conditions are required in order to become a User, regardless of the User-Flow chosen by the User for his/her use of the Service.
We are entitled to, and may, at any time and at our sole discretion without notice or any liability, change, suspend or discontinue any aspect of the Service or your use thereof, and we may add more services, options and applications to the Service. We may also modify, limit, deny or impose limits on certain features and services or restrict your access to parts or all of the Service, or cancel some or all of the functionality of the Service at any time and at our sole discretion, without notice or liability.
We may terminate your User Account for any or no reason at any time by ceasing to provide the Service to you. You understand that termination of the account you have created with us may involve deletion of your User Account information from our databases. We will not have any liability whatsoever towards you for any termination of your account or deletion of your information.
It is hereby clarified that your use of the Service is subject to the provisions of the EULA, which included in these Terms by reference and form an integral part hereof.
Third Party Service Providers
The Service may display or utilize third party products, services, tools and systems (together, “Third Party Services“). The inclusion, reference to, or utilization of such Third Party Services does not imply endorsement or any association with its operators. Shield is not responsible in any manner for these Third Party Services, including without limitation, the advertising or other materials on such Third Party Services. Under no circumstances shall Shield be held liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by the use or purchase of, or reliance on, any Third Party Services. Any terms and policies of such Third Party Services should be carefully reviewed by you and any concerns relating to such Third Party Services should be directed to their respective site administrators. We do not control and are not responsible for Third Party Services processing of your information, or for any other policy, conduct or misconduct by Third Party Services.
Access to the Service
You agree to use the Service solely for your own use. You agree not to transfer or resell the Service, in whole or in part, to any third party, or allow unauthorized access to the Service by any third party. You further agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service, including but not limited to the Shield SDK (or any part thereof) for any purpose, and you agree to use the Service solely for its intended purposes and for lawful purposes. You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are related to the Service). You may not reverse engineer, decompile, disassemble, alter, duplicate, modify, make copies of, distribute, provide others with or otherwise attempt to derive the source code from any application, or component, of the Service.
To the extent that you will be required to provide any information during your registration process, your use of the Service or otherwise, you agree to provide true, accurate, current and complete information about yourself and to maintain such information true, accurate, current and complete. You are responsible and liable for any activity by any person who uses the Service using your log-in credentials for your User Account. You are responsible for maintaining the confidentiality of such log-in credentials and your account and for any liability resulting from the use of such credentials.
You understand that all software, information and content, such as data files, written text, computer software and code, audio materials or other sounds, photographs, illustrations, logos, animations, videos or any visual materials (the “Content“) which may be available to you and/or you may have access to as part of or through your use of the Service, are protected by copyrights, moral rights, patents, trademarks, privacy and publicity rights, trade secrets or other proprietary or personal rights, and are owned or controlled by either Shield and/or by the party credited (explicitly or implicitly) as the provider of the Content (together, the “Content Owner“).
As you may technically have access to additional Content owned by third party Content Owners, during your use of the Service, it remains your sole responsibility to obtain any and all licenses, permissions and/or authorizations from the Content Owners which is legally required for your uses of such Content, for purposes other than those intended in the Service (together, “Content Owners Permission“).
Unless explicitly permitted under these Terms and/or under the required Content Owners Permission, you may not modify, make copies of, publish, transmit, distribute, rent, lease, loan, participate in the transfer or sale of, provide others with any portion of, reproduce, duplicate, create new or derivative works from, distribute, perform, or display the Content and/or the Service, in whole or in part.
You acknowledge and agree that Shield and other Content Owners own all legal right, title and interest in and to the Service and the Content. You may not use any of Shield’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
If you submit or send any materials to us, including but not limited to your Test FW, either with regard to your use of the Service or in any other setting, by doing so, you shall grant us a royalty-free, unrestricted, worldwide, irrevocable, perpetual, non-exclusive and sub-licensable right and license to use all such materials in order to perform the Service.
Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL INFORMATION, MATERIALS, CONTENT, PRODUCTS, SOFTWARE, AND RELATED SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES OF ANY KIND, WHETHER EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE AND FREE OF ANY VIRUSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE AND OUR AFFILIATES, OFFICERS, AGENTS, MEMBERS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE ABOVE LIMITATIONS; IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, TOGETHER WITH OUR AFFILIATED ENTITIES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AGENTS AND REPRESENTATIVES, FOR ALL CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO USD 100.
If you are dissatisfied with any portion of the Service, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Service.
You agree that you are solely responsible for the use or misuse of the Service and for your breach of these Terms, including any loss or damage which Shield or its officers, directors, agents, employees and representatives (the “Affiliates“) may suffer. You agree to defend, indemnify and hold Shield and its Affiliates harmless from any claim or demand, including, but not limited to, legal fees, made by any third party due to or arising out of your use or misuse of the Service, your connection to the Service, your violation of these Terms, a third party using your user account or your violation of any rights of another party.
You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Service may be subject to other local, state, national, and international laws. You expressly agree that the exclusive jurisdiction for any claim or dispute with Shield or relating in any way to your use of the Service resides solely in the competent courts in Central District, Israel.
You agree to report any copyright violations and/or violations of the Terms to the Shield as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Service, please notify us as soon as possible at: firstname.lastname@example.org.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination or expiration of these Terms or the termination of the Service. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and Shield relating to the subject matter herein. You may not modify these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. You agree to receive notices, disclosures, messages, documents, and other communications, from us, electronically (including by way of email, push notifications, text messages or other), and that such electronic communications are deemed to have been provided to you in writing.