Effective Date: July 3, 2024

Welcome to Checkview.io, an automated WordPress testing platform provided by CheckView (“we,” “us,” “our”). By accessing or using our services, you agree to be bound by these Terms of Service (“Terms”). Please read them carefully.

1. Acceptance of Terms
By using our platform at Checkview.io (“Service”), you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service
Checkview.io provides automated testing services for WordPress websites, which include performance, security, and functionality testing. Our Service aims to enhance your website’s efficiency, security, and user experience.

3. Account Registration
To use our Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any activities or actions under your account.

4. Use of Service
a. Compliance: You agree to use the Service only for purposes that are permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
b. Restrictions: You agree not to use the Service to:

  • Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Violate any applicable local, state, national, or international law.

5. User Data and Privacy
a. Data Collection: By using our Service, you agree that we may collect and use data as described in our Privacy Policy.
b. AI Testing: You acknowledge and agree that user data may be used for AI testing and improvement of our services.
c. Sensitive Data: Users must not store any sensitive data (such as personal identification numbers, credit card information, or health information) in forms or other input fields on their websites tested by our Service. We are not responsible for any exposure or misuse of sensitive data.
d. Test Email Retention: By using our services, you acknowledge and agree that test email activity and data, including the content of test emails, may be retained for up to 90 days regardless of the data retention feature outlined in your specific service plan.

6. Access to Website Data
As part of the testing process, we may access your website data. You agree that we may:
a. Perform automated tests and analyses on your website.
b. Store and use website data to provide the Service, including for AI and machine learning purposes to improve our offerings.

7. Intellectual Property
All content, trademarks, service marks, trade names, logos, and icons are proprietary to CheckView. Nothing in these Terms grants you any right or license to use any intellectual property owned by CheckView.

8. Termination
We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

9. Limitation of Liability
To the fullest extent permitted by applicable law, CheckView shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.

10. Indemnification
You agree to defend, indemnify, and hold harmless CheckView, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

11. Modifications to Service
CheckView reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CheckView shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

12. Governing Law
These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.

13. Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in Atlanta, Georgia, United States, in accordance with the rules of the American Arbitration Association.

14. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

15. Contact Us
If you have any questions about these Terms, please contact us at [email protected].

By using Checkview.io, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.