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Terms of service

When using the online web performance measurement and analysis tool (checksite) by checksite.io, you agree to the following terms of service. Please note that when we say 'we,' 'us,' or 'our,' below we mean checksite. When we say “terms” we mean these terms of service.

terms on behalf of a company or another legal entity, you affirm and warrant that you have the authority to bind such entity, its affiliates and all users who access the checksite service through your account to these terms.

refers to such an entity, its affiliates and all users associated with it. This is a legally binding contract between you and checksite. Please make sure you read it, because it is important. We have tried to make it as clear as possible.

change the terms at any time. Modifications to the terms will not apply retroactively.

checksite service

1.By signing up to receive the checksite service online or by executing these terms, you consent to receive the checksite service including the below:

  • Access to your test history for the period stipulated by checksite from any browser
  • Easy view to past test results and ability to analyze performance trends
  • Ability to contribute to the checksite forum discussions
  • checksite newsletter which brings news about both the latest checksite developments and what's going on in the world of performance, directly to your inbox each week..

These conditions apply to your use of the checksite service. Failure to comply with these terms will result in immediate termination of your account unless otherwise expressly stated below.

Account conditions

2.1 All persons registered to use the checksite service must be human; users registered by “robots” or other automated methods are not permitted.

2.2You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.

2.3Your login details are strictly personal and may not be shared with other people.

2.4You are always solely responsible for maintaining the confidentiality of your login information, checksite cannot be held liable. You will notify checksite as soon as you become aware of any unauthorized access to your account.

2.5You are responsible for all activities and user data that is placed under your account (also for users that are created under your account).

2.6You may not use the checksite service for any illegal or unauthorized purpose. You must not, in the use of the checksite service, violate any applicable laws.}

2.7You are prohibited from:}

(a) making the wpt service or any portion thereof available for access or use by any third party;

(b) modifying, reverse engineering, disassembling, decompiling, reproducing or creating derivative works from or in respect of the wpt service or any wpt product, or any of its components; and

(c) be prohibited from accessing or using the checksite service in order to:

  • (i) develop a competitive or similar product or service;
  • (ii) copy the features, functionality or design of the checksite service or of its underlying software;
  • (iii) interfere with or disrupt or attempt to interfere with or disrupt the integrity or the performance of the checksite service or any of its information or materials;
  • (iv) gain or provide unauthorized access to the checksite service or its related systems or networks; or
  • (v) present as the checksite service’s reporting any results that are modified from the results actually reported by the checksite service.

License

3.1 checksite is providing you a hosted and managed service which you will access using the internet. By accepting the terms, checksite is granting you a limited, non-transferable, non-exclusive and revocable right and license per these terms to access and use the checksite service for your internal purposes or internal business purposes, as applicable. All rights not expressly granted to you under these terms are reserved for checksite.

3.2 we may revoke or suspend your account in our sole discretion for any reason that we deem fit in good faith, including for breach of these terms.

3.3 checksite reserves the right to upgrade, maintain, amend, add or remove features, redesign, improve or otherwise alter the checksite service.

3.4 checksite may use subcontractors in connection with its performance of the checksite services

Fees and payment

4.1 The fees charged by checksite for your use of the checksite service, if applicable, will be a subscription fee in the currency set forth in the subscription plan you choose (“fee”), which is payable in advance.

4.2 If you are using the checksite service for a fee, you agree to make payment in advance for all fees and any applicable taxes due at such frequency, or on such dates, as you have subscribed for. Fees are non-refundable. Also, you acknowledge that the fee charged does not include any taxes, if applicable, which will be an additional charge payable by you as noted on your invoice unless the law requires us to pay such taxes.

4.3 All payments shall be made via online payment methods such as using a credit card or in such other manner as checksite may direct from time-to-time. You agree that you have no right to access the checksite service if you fail to make payments when due. Checksite reserves the right to temporarily suspend your use of the checksite service until you have paid in full any amounts that are outstanding.

4.4 If you fail to pay in full any amounts that are outstanding within thirty (30) days of it becoming overdue, checksite may terminate your account with or without any further notice and these terms will also end as of such account termination date.

4.5 You agree that checksite shall not be responsible or liable for any unavailability or interruptions in the use of the checksite service as a result of your failure to pay for the checksite service or for any unavailability of user data after we have terminated your account as stated under 4.4 above.

4.6 Checksite reserves the right to introduce or change any fees from time-to-time by giving you no less than 30 days’ written notice. Any new or changed fees will apply at the next billing period after you have been given such notice.

Data

5.1 Checksite will never claim ownership over your content and/or materials posted to your account (“user data”). In other words, your data is and remains your property. However, you hereby grant checksite a non-exclusive, royalty-free right and license to use the user data:

  1. (a) To provide you the checksite service that you are registered for;
  2. (b) To operate, manage, maintain and improve the checksite service and technology; and
  3. (c) To include the user data in aggregated statistics about the scope of the checksite service for use by checksite in its sales and marketing efforts (only so long as user data will not be identified or identifiable in any statistics compiled).Please note that this license to checksite does not permit us to sell user data to advertisers or any other third party, nor does it transfer any intellectual property rights to us. This license ends when you delete the material or your account.

5.2 checksite will maintain commercially reasonable administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of user data..

Confidential information

6.1 “Confidential information” means any information or material, whether in verbal, written, graphic, or electronic form, that is disclosed, provided or made accessible by, or on behalf of a party to the other party, and which is identified as “confidential” or “proprietary” or which, given the nature of the information or material, or the circumstances surrounding its disclosure, should reasonably be understood by the receiving party to be confidential or proprietary to the disclosing party.

Checksite’s confidential information specifically includes, but is not limited to the checksite service, and the associated technology, software, features, user interface details, capabilities, passwords, documentation, know-how, trade secrets, and source code.

6.2 Neither party will disclose the other party’s confidential information to any person or use such confidential information for any purpose other than to perform its obligations under these terms.

6.3 Neither party’s obligations of confidentiality under these terms shall extend to any of the following:

  1. (a) Information that was previously known, without obligation of confidentiality, by the receiving party, prior to any disclosure from the other party;;
  2. (b) Information that is or otherwise becomes available in the general public through no breach of these terms by the receiving party;
  3. (c) Information that was received without restriction from any person or entity that the receiving party reasonably believes is not in violation of any duty of non-disclosure on the part of such person or entity; or
  4. (d) Information that the receiving party developed independently without any use of or reference to the information provided by the disclosing party.

f a party is required by law, government regulation or other process to disclose any confidential information, the party seeking to make such disclosure will notify the other party promptly upon receipt of such a document requiring disclosure, so that such other party may seek to obtain a protective order.

Notice

Last update: 3/8/2023

If, for any reason, you are not completely satisfied with a purchase, we invite you to review our policy.

The following terms are applicable for any products that you purchased with us.

Assignment

7.1 you may not assign your rights or obligations under these terms, whether voluntarily or by operation of law or otherwise, without checksite’s prior written consent.