Terms & Privacy policy
We reserve the right to change our Privacy Policy and Terms stated below at any time.
Privacy Policy
OMM Solutions GmbH provides this Privacy Policy to inform users of our policies and procedures regarding the collection, use and disclosure of personally identifiable information received from users of this website, located at http://omm-solutions.de ("the Site") and https://testrec.com ("the Site") as well as the "Testrec Click!" and "Testrec Pro" Software ("the Software").
By using the Site and/or Software you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place both in the Netherlands and the US.
By visiting the Site and/or Software and providing information to us, you consent to such transfer to, and processing in the Netherlands and in the US.
Information Collection and Use
Our primary goals in collecting personally identifiable information are to provide you with the product and services made available through the Site and/or Software, including, but not limited, to the Service, to communicate with you, and to manage your registered user account, if you have one.
If you desire to have access to certain restricted sections of the Site and/or Software, you will be required to become a registered user, and to submit certain personally identifiable information to OMM Solutions GmbH. This happens in a number of instances, such as when you sign up for the Service, or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your IP address, full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide us with.
If you make a purchase on Site, we may collect your name, address, and a VAT number. All financial transactions related to the use of Pro accounts are handled through Stripe and PayPal. Any personal information provided by you to Stripe and PayPal will be processed by them in accordance with their privacy policies. We kindly request you to provide your personal information to Stripe and PayPal only after reviewing their privacy policies and understanding what types of personal information they will collect from you.
Please note that we DO NOT store your payment information. Stripe and PayPal handle all the steps in the payment process on their websites, including data collection and data processing.
We will keep your personal data for as long as it is necessary to provide you with our services or as long as we are obliged by the law. If you cancel a Pro account, we will not delete the personal data provided by you when registering the Pro account.
Use of Contact Information
We may use your contact information to communicate with you, provide you with customer support, issue a software license or a refund to you.
We may use your contact information to market to you, and provide you with information about, our products and services, including but not limited to our Service. If you decide at any time that you no longer wish to receive such information or communications from us, please un-follow us, or follow the unsubscribe instructions provided in any of the communications.
Log Data
When you visit the Site and/or Software, our servers automatically record information that your browser sends whenever you visit a website ("Log Data" ). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit, the search terms you use, and any advertisements on which you click.
We use Log Data to monitor the use of the Site and/or Software and of our Service, and for the Site and/or Software's technical administration and/or improvement.
We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.
We use Google Analytics to analyse and improve our service. Google Analytics is subject to the privacy policy of Google, Inc., which you can find at http://www.google.com/privacy.
Data Privacy
We will not sell or make public your uploaded files or data.
Your files are automatically deleted once no longer needed to provision you with services, within 24 hours.
For the sole purpose of tracking and correcting errors in our service we may occasionally access your files without explicit written permission from your behalf.
Transfer of Data
When you use our services, your information, including personal data and uploaded files and generated files, may be transferred to and from servers located in the European Union.
If you provide personal data to Stripe and PayPal, please bear in mind that Stripe and PayPal may transfer your personal data to various countries (also outside the European Union).
Your Consent
By using our website or Software, you allow us to collect, delete, use, and share your personal data in accordance with this Privacy Policy.
Cookies
Like many websites, we also use "cookie" technology to collect additional website usage data and to improve the Site and/or Software and our service. A cookie is a small data file that we transfer to your computer's hard disk.
We do not use cookies to collect personally identifiable information.
OMM Solutions GmbH may use both session cookies and persistent cookies to better understand how you interact with the Site and/or Software and our Service, to monitor aggregate usage by our users and web traffic routing on the Site and/or Software, and to improve the Site and/or Software and our services. A session cookie enables certain features of the Site and/or Software and our service and is deleted from your computer when you disconnect from or leave the Site and/or Software. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site and/or Software. Persistent cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
Third party applications that we use, such as Google Drive, Google Analytics, Google Adsense, Stripe, PayPal do use cookies on our site to deliver their services, help analyse the web traffic or determine targeted advertisements based on your preferences.
Information Sharing and Disclosure
Service Providers
We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, billing, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.Compliance with Laws and Law Enforcement
OMM Solutions GmbH cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of OMM Solutions GmbH or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.Business Transfers
OMM Solutions GmbH may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.Changing or Deleting Information
If you are a registered user of the Site and/or Software, you may access and update or correct the information you provided to us by e-mailing us at info@testrec.com.Security
OMM Solutions GmbH is very concerned about safeguarding the confidentiality of your personally identifiable information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.Links to Other Websites
Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.Our Policy Towards Children
The Site and Software is not directed to persons under 13. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at info@testrec.com. We do not knowingly collect personally identifiable information from children under 13. If we become aware that a child under 13 has provided us with personal identifiable Information, we will delete such information from our files.Changes to this Policy
This Privacy Policy may be updated from time to time for any reason; each version will apply to information collected while it was in place. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on the Site and/or Software. You are advised to consult this Privacy Policy regularly for any changes. This Privacy Policy is effective as of March 17, 2017.Terms of Use
The following terms and conditions govern all use of the testrec.com website ("the Site") as well as the "Testrec Click!" and "Testrec Pro" Software ("the Software"). The Site and Software is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, OMM Solutions GmbH's Privacy Policies) and procedures that may be published from time to time on this Site by OMM Solutions GmbH (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Site and/or Software. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site and/or Software or use any services. If these terms and conditions are considered an offer by OMM Solutions GmbH, acceptance is expressly limited to these terms. The Site and Software is available only to individuals who are at least 13 years old.Service Availability
We work hard to ensure the service is available at all times.However, we cannot give guarantees for availability and the permanent functioning of Site. You agree OMM Solutions GmbH will not be responsible for any failure caused by outages or service unavailability.
Data Responsibility
We do our best to ensure the service, Site and/or Software runs without errors. Still, we can't guarantee that your files will not be damaged or lost. You acknowledge that OMM Solutions GmbH will not be responsible for any failures caused by files sent to or by out service and/or processed by the Site and/or Software.You acknowledge that you are also responsible for validating the correctness of files (both input and output) processed with our service and/or the Site and/or the Software.
Copyright
You acknowledge that you will not use our services and intellectual property for any form of infringement.Using the Software
To use the software, you confirm that you are the rightful owner of any associated and/or used files or have the explicit permission of the legal owner to do so.Credentials
You must ensure that all Authorized Users keep their user IDs and passwords for the Hosted Services strictly confidential and not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using your accounts and passwords, and you agree to immediately notify OMM Solutions GmbH of any unauthorized use of which you become aware.Access to your Account
Subject to the terms and conditions of this Agreement, the Service is solely for User's personal use. As used herein, "User" includes OMM Solutions GmbH's paying customers ("Customers"). This Agreement sets forth certain terms and conditions that apply to Customers, but not other Users. In the event any Customer-specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the Customer-specific terms/conditions shall control. OMM Solutions GmbH may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. OMM Solutions GmbH may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. User certifies to OMM Solutions GmbH that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.Restrictions
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof. User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. OMM Solutions GmbH reserves the right to bar any such activity. User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any OMM Solutions GmbH server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means. User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or OMM Solutions GmbH's systems or networks, or any systems or networks connected to the Service or to OMM Solutions GmbH. User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service. User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.Fees and Payment
Optional premium paid services are available on the Site and/or Software. By selecting a premium service you agree to pay OMM Solutions GmbH the monthly or annual subscription fees or one time fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period or perpetual as indicated. Premium service fees are not refundable.Access to Site
Subject to the terms and conditions of this Agreement, OMM Solutions GmbH grants you a non-exclusive right to access and use the Site and/or Software during the applicable Subscription Term (defined below) in accordance with this Agreement. You acknowledge that the Site and/or Software is an on-line, subscription-based product and that we may make changes to the Site and/or Software from time to time.
Subscription Terms and Renewals
Site are provided on a subscription basis for a set term specified with your purchase.
Except as otherwise specified in your purchase, all subscriptions will automatically renew for periods equal to your initial subscription term (and you will be charged at the then-current rates) unless you cancel your subscription through your account at testrec.com/account or emailing us at info@testrec.com.
If you cancel, your subscription will terminate at the end of then-current billing cycle, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
Week Pass plans are not recurring subscriptions, they don't need to be cancelled and will automatically expire after 7 days.
Users of Pro accounts who subscribe for a monthly subscription will be automatically charged on a monthly basis. Users of Pro accounts who subscribe for an annual subscription will be automatically charged on an annual basis.
Registration; Security
As a condition to using certain products and services of the Service, User may be required to register with OMM Solutions GmbH and select a password. User shall provide OMM Solutions GmbH with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. OMM Solutions GmbH reserves the right to refuse registration of, or cancel a OMM Solutions GmbH User in its discretion. User shall be responsible for maintaining the confidentiality of User's password and other account information.Termination
OMM Solutions GmbH may terminate your access to all or any part of the Site and/or Software at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or tThe Site and/or Software account (if you have one), you may simply discontinue using the Site and/or Software. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by OMM Solutions GmbH if you materially breach this Agreement and fail to cure such breach within thirty (30) days from OMM Solutions GmbH's notice to you thereof; provided that, OMM Solutions GmbH can terminate the Site and/or Software immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.Content
User agrees that all content and materials (collectively, "Content") delivered via the Service or otherwise made available by OMM Solutions GmbH at the Site and/or Software are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. OMM Solutions GmbH does not support the distribution of pornographic content. Except as expressly authorized by OMM Solutions GmbH in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content or the Site or the Software or any parts of the given subjects.Changes
OMM Solutions GmbH reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site and/or Software following the posting of any changes to this Agreement constitutes acceptance of those changes. OMM Solutions GmbH may also, in the future, offer new services and/or features through the Site and/or Software (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.Due Authority
Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you are an entity, this Agreement and each Order is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement.Warranty Disclaimer
ALL PRODUCTS ARE PROVIDED "AS IS," AND OMM SOLUTIONS GMBH AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. OMM SOLUTIONS GMBH SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF OMM SOLUTIONS GMBH. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OMM SOLUTIONS GMBH NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.Limitation of Liability
NEITHER PARTY (NOR ITS SUPPLIERS) SHALL BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS SHALL BE US$20. THIS SECTION (LIMITATION OF LIABILITY) SHALL NOT APPLY TO (1) AMOUNTS OWED BY YOU UNDER ANY ORDERS, (2) EITHER PARTY’S EXPRESS INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, OR (3) YOUR BREACH OF SECTION 12 (RESTRICTIONS) OR SECTION 2 (COMBINING THE PRODUCTS WITH OPEN SOURCE SOFTWARE) OF THIRD PARTY CODE IN OMM SOLUTIONS GMBH PRODUCTS). TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO SUPPLIERS OF ANY THIRD PARTY COMPONENTS INCLUDED IN THE PRODUCTS WILL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER. The parties agree that the limitations specified in this Section (Limitation of Liability) will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.Security
In no event will OMM Solutions GmbH, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to OMM Solutions GmbH under this agreement during the twelve (12) month period prior to the cause of action. OMM Solutions GmbH shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.General Representation and Warranty
You represent and warrant that (i) your use of the Site and/or Software will be in strict accordance with the OMM Solutions GmbH Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Netherlands or the country in which you reside) and (ii) your use of the Site and/or Software will not infringe or misappropriate the intellectual property rights of any third party.Privacy
OMM Solutions GmbH's current privacy policy is available at the Site and/or Software (the "Privacy Policy"), which is incorporated by this reference. OMM Solutions GmbH strongly recommends that you review the Privacy Policy closely.Copyright
All content included on the Site and/or Software, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of OMM Solutions GmbH or its content suppliers and protected by the Netherlands and international copyright laws. The compilation of all content on the Site and/or Software is the exclusive property of OMM Solutions GmbH and protected by Dutch and international copyright laws. All software used on (or provided through) the Site and/or Software is the property of OMM Solutions GmbH or its software suppliers and protected by the Dutch and international copyright laws.Indemnification
You agree to indemnify and hold harmless OMM Solutions GmbH, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site and/or Software, including but not limited to out of your violation this Agreement.
You agree that this Agreement and your use of the Site and/or Software are governed under German law and any dispute related to the Site and/or Software must be brought in a tribunal of competent jurisdiction located in or near Stuttgart, Germany.
Changes to these Terms of Use
These Terms of Use may be updated from time to time for any reason; each version will apply to information collected while it was in place. We will notify you of any material changes to our Terms of Use by posting the new Terms of Use on the Site and/or Software. You are advised to consult these Terms of Use regularly for any changes. These Terms of Use are effective as of 17 March, 2017.Imprint
Adress
OMM Solutions GmbH
Vor dem Lauch 4
70567 Stuttgart
Geschäftsführer
Herr Malte Horstmann
Herr Olaf Horstmann
Contact: E-Mail: info@testrec.com
Umsatzsteuer-ID/VAT
Umsatzsteuer-Identifikationsnummer gemäß §27a Umsatzsteuergesetz: DE295716572
Aufsichtsbehörde
Amtsgericht Stuttgart – HRB 749562