Terms of Service
This website is owned and operated by articulate.xyz Ltd. The site and our mobile applications (collectively, the “Service”) are made available to you subject to the following terms and conditions (the “Terms”).By signing up or otherwise using any of our services, you are entering into a binding contract with articulate.xyz Ltd.You acknowledge that you have read and understood this Agreement, and agree to be bound by these Terms. If you don’t agree with (or cannot comply with) the Agreement, then you may not use the articulate.xyz Service or access any Content.As long as you comply with these Terms, you are entitled to download, install, and operate the "App" on your mobile device, and to access and use the Service, for your own personal use.
"articulate.xyz" is the trade name of articulate.xyz Limited, a company registered in England and Wales, registration number 10822566. References to “we”, “us” and “our” mean articulate.xyz Limited
Copyrights and Ownership
Ownership and copyright of the app, its software, patents, trademarks, or trade secret information remain with articulate.xyzLtd. The software is copyrighted and is protected under United Kingdom copyright laws and international treaty provisions.
You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service will be the sole and exclusive property of articulate.xyz and you hereby irrevocably assign to us all of your right, title and interest in and to the foregoing.
License and Acceptable use
The articulate.xyz Service is the property of articulate.xyz Ltd. We grant you limited, non-exclusive, revocable permission to make use of the Service. This Access shall remain in effect until and unless terminated by you or articulate.xyz.You are entitled to download, install, operate the "App" and access the Service, solely for your personal, non-commercial use. You may not sell, license, transfer, reproduce, redistribute or reverse engineer the "App" or Service, nor expose it to third parties, in any way.All articulate.xyz trademarks, service marks, trade names, logos, domain names, and any other features of the articulate.xyz brand are the sole property of articulate.xyz Ltd. This Agreement does not grant you any rights to use any articulate.xyz brand features whether for commercial or non-commercial use.
In order to use the Service, you will need to create an account. You are solely responsible for maintaining the confidentiality of your account password. You agree to accept responsibility for all activities that occur under your account or password. You agree that we may access, preserve and disclose your account information and your Content if required to do so by law.If you become aware, or have reason to believe, that your account is no longer secure (you should immediately notify us. You may be liable for the losses incurred by us or others due to any unauthorized use of your account.
You agree that we may terminate your account or use of the Service at any time in our sole discretion, and you agree that we shall not be liable to you or any third party for any such termination.
Third Party Websites
The Service may contain links, information, and references to third party products, services, and websites which we do not control or maintain (“Third Party Sites”). Access to and use of any Third Party Sites is at your own risk.
YOU UNDERSTAND AND AGREE THAT THE ARTICULATE.XYZ SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND.YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ARTICULATE.XYZ AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.NEITHER ARTICULATE.XYZ NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, ARTICULATE.XYZ MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND ARTICULATE.XYZ IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.THE ARTICULATE.XYZ PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM ARTICULATE.XYZ SHALL CREATE ANY WARRANTY ON BEHALF OF ARTICULATE.XYZ.WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING ARTICULATE.XYZ LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS.THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ARTICULATE.XYZ SERVICE IS TO UNINSTALL ANY ARTICULATE.XYZ SOFTWARE AND TO STOP USING THE ARTICULATE.XYZ SERVICE.YOU AGREE THAT ARTICULATE.XYZ HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE ARTICULATE.XYZ SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO ARTICULATE.XYZ, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.IN NO EVENT WILL ARTICULATE.XYZ, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR (E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ARTICULATE.XYZ SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER ARTICULATE.XYZ HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE ARTICULATE.XYZ SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO ARTICULATE.XYZ DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND ARTICULATE.XYZ’S REASONABLE CONTROL.
Nothing in the Agreements removes or limits ARTICULATE.XYZ’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.
This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this agreement shall be valid unless in writing signed by each party. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this agreement shall remain in full force and effect.
From time to time, we may modify the Terms. If we do so, we will make the modified Terms available through this website, and indicate the date of the latest revision. We encourage you to review the Terms periodically for changes. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms. If you do not agree with any changes to the Terms, you must cease using the Service.
No assignment. This agreement is personal to the licensee (you). The licensee shall not assign or otherwise transfer any rights or obligations under this agreement.
If any provision of this agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this agreement.
Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Any legal action or proceeding arising under this agreement will be brought exclusively in the United Kingdom.
If you have any questions about this agreement or its terms, please write to us at firstname.lastname@example.org
Software Trials - Terms and Conditions