Terms of Service

Welcome to Tricentis Flood. Tricentis Flood is a load and performance testing platform. We help companies make sure that their website will handle the amount of load they expect to have. For example, Oprah Winfrey Network uses Tricentis Flood to test whether its website can handle traffic from millions of TV viewers at one time without the site going down. Except where You use Tricentis Flood to test Your website, using Tricentis Flood to carry out load testing services, security breaches or disruptions of network communication is strictly prohibited by these Terms of Use.

Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our website platform (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Our platform.

To assist You, We have prepared a Summary of Terms of Our Terms of Use. Our summary is listed first with the full Operative Provisions of Our Terms of Use after. The summaries are not a substitute for reading the Operative Provisions of Our Terms of Use. The Operative Provisions of Our Terms of Use are legally binding. Our summaries are not legally binding, and do not limit the scope or operation of the operative provisions.

Summary of Terms

  • By using Tricentis Flood, You agree to Our Terms of Use.
  • We may change Our Terms of Use at any time.
  • Capitalised terms in these Terms of Use are defined in this clause.
  • You can’t use most of the functionality provided by the platform until You register.
  • Your registration on Our platform is subject to Our approval. You and Your company are both responsible for Your or their breach of Our Terms of Use and for the security of Your login credentials.
  • If You register on Tricentis Flood You must pay any applicable fees. If You don’t pay Us We can terminate Your access to Our services.
  • We don’t control the payment gateway used on the platform and We are not responsible for it or its security practices.
  • We provide basic Level 1 email Support to Tricentis Flood users.
  • You own the data that You upload into Our platform. You have to get permission, where relevant, from the owner of the data before uploading it. We are not responsible if anything happens to that data.
  • Our platform might go offline from time to time.
  • We own the platform and all IP in the platform. You cannot infringe Our IP rights.
  • By subscribing to Tricentis Flood You are also agreeing to Amazon’s Customer License Terms.
  • You cannot use the platform for any illegal purpose or to violate any person’s legal rights.
  • We own the platform and all IP in the platform. We also own all improvement suggestions that You make regarding the platform.
  • We cannot be held responsible for the conduct of Our users.
  • We are not responsible for any claims made by third parties.
  • We are not responsible for third party sites.
  • We may list You as a client of Tricentis Flood on Our website.
  • Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.
  • You and We can terminate Your access to Tricentis Flood under certain conditions.
  • Notices between You and Us are deemed to be delivered at different times, depending on how and when they are sent.
  • We can change these Terms of Use at any time. If You are unhappy about the changes, You can terminate Your subscription.
  • You cannot transfer Your rights under these Terms of Use unless We approve the transfer. We can transfer Our right and obligations at any time.
  • If part of these Terms of Use are not legally binding, the rest still are.
  • We are not partners, employers or employee or any other special commercial relationship.
  • Our liability is only limited to the extent permitted by law.
  • These Terms of Use set out Our entire agreement.
  • These Terms of Use will be subject to the law of the state of New South Wales, Australia.

Operative Provisions of Our Terms of Use

  1. Acceptance and modification of these Terms of Use
    1. You may only access, browse and use Tricentis Flood (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Tricentis Flood if You accept these Terms of Use. By accessing, browsing and/or using Tricentis Flood, You will be deemed to have confirmed that You have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including Our Privacy Policy).
    2. We may modify and/or replace these Terms of Use from time to time without notice (except where You are a Registered User of Tricentis Flood – in which case We will notify You of the update using the email address that You enter into Your Tricentis Flood Account).
    3. We will always upload the latest version of these Terms of Use to this webpage.
    4. If You do not wish to accept these Terms of Use, You must not and cannot use Tricentis Flood or any part of it.
  2. Definitions and Interpretation
    1. DefinitionsIn these Terms of Use:Amazon or AWS means Amazon Web Services, Inc.Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).Business Day means Monday – Friday excluding public holidays in NSW.Business Hours means 9:00am – 5:00pm on Business Days.Enterprise Tricentis Flood Account means a Tricentis Flood Account created by Us after You pay an invoice that We issue to You if the invoice provides that it is issued expressly for the creation of an enterprise account on Tricentis Flood.Tricentis Flood means: 
      (a) the Tricentis Flood website platform the homepage URL of which is https://flood.io comprised of a distributed grid of semi-autonomous, loosely coupled nodes hosted on Amazon Web Services (AWS) infrastructure which run different testing tools including JMeter, Gatling and Selenium and collate results in near real time across multiple geographic regions in the USA, EU and Asia Pacific; 
      (b) the Platform Services; 
      (c) any content, images, text and other information appearing on any page or screen of the Tricentis Flood website platform; 
      (d) any source code and object code in the Tricentis Flood website platform; 
      (e) any desktop and mobile versions of the Tricentis Flood website platform; and 
      (f) any of Our associated smartphone applications.Tricentis Flood Account means Your account on Tricentis Flood that is setup by Tricentis Flood when You register on Tricentis Flood or subscribe to the Platform Services.GST, (Goods and Services Tax) has its full meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).Included Grid Node Hours means as set out in clause 5.3.Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.Load Testing Services means the website load testing services provided by Tricentis Flood as described in the Platform Services Description. Moral Rights has the meaning given in the Copyright Act 1968 (Cth). Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.Overages means grid node usage by a Registered User above the number of Included Grid Node Hours associated with the Registered User’s Registered User Plan.Personal Information has it’s meaning meaning given in the Privacy Act 1988 (Cth).Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).Platform Services means as set out in the Platform Services Description and includes the Load Testing Services.Platform Services Description means the documents available at or from https://help.flood.io/ (including, via hyperlink).Privacy Policy means Our Privacy Policy located at https://flood.io/privacyRegistered User means as set out in clause 5.1.Registered User Data means as set out in clause 9.1.Registered User Plan means a free, enterprise or other plan on Tricentis Flood that Registered Users can subscribe to.Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time.We, Our and Us means Tricentis APAC Pty Ltd [ABN 59 143 271 130] of Level 3, Suite 4, 2-12 Foveaux St, Surry Hills, NSW 2010, Australia.You and Your means You, the person who accesses Tricentis Flood for any reason, whether or not You are a Registered User of Tricentis Flood and any organisation that You apply for a Platform Account for on Tricentis Flood.
    2. InterpretationIn these Terms of Use:
      1. Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
      2. A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
      3. Currency refers to Australian dollars.
      4. A reference to a statute or regulation includes amendments thereto.
      5. A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
      6. A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
      7. A reference to time is to time in New South Wales.
      8. A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
      9. The words “includes”, “including” and similar expressions are not words of limitation.
  3. Access and use of Tricentis Flood by unregistered users
    1. Unregistered users of Tricentis Flood may not use the Platform Services.
  4. Registration
    1. We reserve the right to accept or reject any person’s registration on Tricentis Flood in Our absolute discretion.
    2. If You submit an application to register on Tricentis Flood, You:
      1. will be deemed to have irrevocably warranted that during the application process You provided truthful and accurate information only;
      2. will be deemed to have irrevocably warranted that You applied for registration on Tricentis Flood for and on behalf of and with the authority and consent of any business entity that You entered into the Tricentis Flood Account registration form;
      3. will be deemed to have irrevocably agreed to be jointly and severally liable for any breach of these Terms of Use by that business entity.
    3. You must ensure that You provide a valid email address at the time of registration.
    4. If any of Your contact details or other information which You provide during the registration application process change, You must promptly update those details in Your Tricentis Flood Account with Your up-to-date details and information.
    5. You must not provide Your Tricentis Flood Account name or the password for Your Tricentis Flood Account to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your Tricentis Flood Account (including unauthorised use).
    6. You must immediately notify Us if You become aware of any unauthorised use of Your Tricentis Flood Account.
  5. Registered User Plans and Service Charges
    1. Only users who have registered on Tricentis Flood and have a Tricentis Flood Account (each, a “Registered User”) may access the Platform Services.
    2. You agree and acknowledge that if You become a Registered User You will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform Services for the purposes expressly described in the Platform Services Description.
    3. Each Registered User Plan comes with a number of grid node hours as set out in the Platform Services Description (“Included Grid Node Hours”). Unless expressly provided otherwise in the Platform Services Description with respect to an applicable Registered User Plan:
      1. unused Included Grid Node Hours expire at the end of each month; and
      2. any Overages will be charged at $3 per node per 15 minutes (or $12 per node per hour).
    4. Each Registered User must pay the fees and charges set out in the Platform Services Description (or as otherwise agreed between Us and the Registered User in writing) for the Registered User Plan selected during signup for a Tricentis Flood Account, as upgraded or downgraded, in consideration for the Registered User’s subscription to the Platform Services and use of the Platform Services (“Service Charges”) at the time and in the manner set out in these Terms of Use, plus any GST and other taxes applicable in respect of the supply of the Platform Services to the Registered User. Any applicable GST and other taxes is payable by You to Us at the same time as the Service Charges.
    5. The Services Charges comprise:
      1. Registered User Plan Charges for the applicable Registered User Plan as set out in the Platform Services Description; and
      2. Subject to clause 5.7, Grid Node Usage Charges, as set out in clauses 5.6.
    6. Grid Node usage is payable per node per hour (to the nearest 15 minute interval), calculated from the time a Grid Node is started until it is stopped by the applicable Registered User. With respect to “On Demand Grid Nodes” (as described in Our Platform Services Description):
      1. the Grid Node Usage charges are $3 per node per 15 minutes (or $12 per node per hour);
      2. all nodes in a grid are charged a minimum of 15 minutes. For example, if You run Your grid with 1 node for 2 minutes, You will be billed for 15 minutes of usage. If You run Your grid with 4 nodes for 2 minutes You will be billed 60 minutes (4 x 15) of usage;
      3. after 15 minutes, nodes are charged in 15 minute increments, rounded up to the nearest 15 minutes. A node that runs for 20 minutes will be charged for 30 minutes of usage.
    7. As an alternative to incurring the Grid Node Usage Charges set out in clause 5.6, You can host Your own Grid Nodes using AWS advertised prices for Your instance type and region from Your own AWS account at cost price (as charged by AWS) if You have Your own AWS account and are subscribed to one of Our Hosted plans.
    8. Unless specified otherwise in the Platform Services Description, all Service Charges are payable within 30 days of invoice. Invoices may be issued by e-mail or in any other way specified in the Platform Services Description.
  6. Minimum Term, Upgrades and Downgrades
    1. If the Platform Services Description specifies a minimum term for any subscription plan, then the subscription of a Registered User for the Platform Services is for that minimum term (“Minimum Term”).
    2. Subject to clause 6.3, Registered Users may upgrade, downgrade or cancel their Tricentis Flood Account at any time.
    3. Enterprise Tricentis Flood Accounts cannot be upgraded, or downgraded without Our prior written consent and have a Minimum Term of 12 months.
    4. If You upgrade or downgrade Your Registered User Plan, Your billing dates will remain the same unless the upgraded or downgraded Registered User Plan that You upgrade or downgrade to has a different billing date to Your previous Registered User Plan, in which case You will be billed in accordance with the billing date for the upgraded or downgraded Registered User Plan as set out in the Platform Services Description.
    5. If You downgrade from a more expensive Registered User Plan We will allocate any credit for Service Charges paid in advance by You prior to the downgrade to Your Tricentis Flood Account and any further Service Charges (except Overages) will be automatically deducted from this credit until the credit is spent down. However, unused Included Grid Node Hours are not retained in any Registered User Plan following a downgrade, cancellation or termination of a Registered User Plan or Tricentis Flood Account.
    6. To the extent permissible by law, We will not refund any Service Charges in any circumstances, including following cancellation or termination of any Registered User Plans or Tricentis Flood Account.
    7. Upon expiry of the Minimum Term, except with respect to Enterprise Tricentis Flood Accounts, the Registered User’s subscription to the Platform Services shall automatically renew for subsequent successive terms equal to the Minimum Term (each a ‘renewal term’) on the same terms and conditions, unless either We or the Registered User provides at least 30 days written notice prior to the expiry of the Minimum Term or any renewal term, in which case if such notice is provided the Registered User’s subscription to the Platform Services shall terminate at the end of the Minimum Term or the then current renewal term, as applicable.
    8. A Registered User may only access the Platform Services solely for the purpose(s) specified in the Platform Services Description and subject to the provisions set out in the Platform Services Description and in these Terms of Use.
    9. You must pay all costs associated with accessing Tricentis Flood, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, roaming charges and, if You are a Registered User, Service Charges.
    10. Without limiting Our rights (including Our right to recover outstanding Service Charges) and any other provision of these Terms of Use, if a Registered User fails to pay any outstanding Service Charges in accordance with the requirements of these Terms of Use, We may suspend and/or terminate the Registered User’s access to the Platform Services and its Registered User Data hosted in the Platform Services, unless the Registered User has an Enterprise Tricentis Flood Account.
    11. Without limiting Our rights (including Our right to recover outstanding Service Charges) and any other provision of these Terms of Use, Registered Users with Enterprise Tricentis Flood Accounts who fail to pay any outstanding Service Charges in accordance with the requirements of these Terms of Use shall be converted to Our Free Registered User Plan (as defined in the Platform Services Description).
    12. Tricentis Flood offers Registered Users a free trial incorporating free Grid Node Hours as determined by Us. During the free trial, Registered Users are prohibited from running more than one Grid Node at a time. Registered Users who run more than one Grid Node may have the free trial revoked. Registered Users may not sign up with more than a single email account in order to gain additional free Grid Node Hours. We may suspend and/or terminate the Registered User’s access to the Platform Services and its Registered User Data hosted in the Platform Services for Registered Users who attempt to create more than one free account.
  7. Payment Gateway
    1. We utilise a third party payment gateway known as Stripe provided by Stripe Payments Australia Pty Limited and National Australia Bank Limited (“Payment Gateway”) to process payments made to Us via Tricentis Flood, including with respect to monthly and annual Service Charges.
    2. If You are, or if You become a Registered User, each time You make a payment using the Payment Gateway You will be deemed to have acknowledged, understood and agreed:
      1. that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway’s software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
      2. that except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that We are not responsible for the performance or non-performance of the Payment Gateway;
      3. that You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway meets Your requirements; and
      4. acknowledged, understood and agreed to comply with the applicable terms and conditions of, and privacy policy of, the Payment Gateway provider (collectively, the “Payment Gateway Agreement”), copies of which are available on the Payment Gateway provider website at https://stripe.com/.
    3. You indemnify Us in respect of all and any loss or damage We incur as a result of any breach by You of the Payment Gateway Agreement.
  8. Technical Support
    1. Each Registered User can obtain basic technical support from Us to answer basic questions about the Registered User’s Tricentis Flood Account and how the Registered User can use the Platform Services via support@flood.io and by browsing Our help documentation at https://help.flood.io
  9. Responsibility for and ownership of Registered User Data
    1. If You are a Registered User, We agree that as between You and Us, You own all data that You upload into the Platform Services (“Registered User Data”).
    2. If You are a Registered User, You warrant, agree and represent that:
      1. You will only upload, input and transfer Registered User Data into and/or via the Platform Services or disclose Registered User Data to Us, which You are fully entitled and authorised to upload, input, transfer and disclose; and
      2. your Registered User Data and Our collection, use, storage and/or disclosure thereof in the course of providing the Platform Services, will not breach any applicable law or right of any person.
    3. If You are a Registered User, You license Us on an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish Your Registered User Data on Tricentis Flood as required by Us to provide the Platform Services.
    4. Each Registered User is solely responsible for the accuracy, legality and quality of all its Registered User Data and for obtaining any permissions, licenses, rights and authorisations necessary for Us to use, host, transmit, store and disclose the Registered User Data in connection with the provision of the Platform Services.
    5. If You are a Registered User, except in respect of any Non-Excludable Guarantee, You agree that You, not Us, are solely responsible for backing up and archiving all Registered User Data.
    6. If You are a Registered User, You acknowledge that Your access to Your Registered User Data that is hosted by the Platform Services is subject to Your compliance with these Terms of Use, including payment of any applicable Service Charges.
    7. Except in respect of any Non-Excludable Guarantee, You agree that We are not responsible for any loss, corruption or hacking of any Registered User Data.
    8. You agree and acknowledge that We do not own or operate the infrastructure upon which the Platform Services and/or the Registered User Data is hosted. The Platform Services and Registered User Data is hosted on Amazon Web Services infrastructure.
    9. You indemnify Us in respect of and release Us from any claims, loss and damage We or any of Our suppliers incur in respect of any claim that any of Your Registered User Data is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any of Your Registered User Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.
  10. Availability of Platform Services
    1. Subject to clauses 10.2, 10.3 and 10.4, while You are a Registered User of Tricentis Flood, We agree to use Our best endeavours to procure hosting of the Platform Services and the Registered User Data and to ensure that the Platform Services are available.
    2. The availability of the Platform Services to You will be subject, in addition to any other provisions set out in these Terms of Use, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions set out in the Platform Services Description, and any planned and unplanned maintenance of Tricentis Flood and/or Our hosting providers.
    3. You agree and acknowledge that the accessibility and use of Tricentis Flood, the Platform Services and the Registered User Data hosted by the Platform Services is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which Tricentis Flood and/or Platform Services and/or Registered User Data operate, interface with or connect to, and that We are not responsible for any non-performance of Tricentis Flood associated with any of those matters.
    4. Except in respect of any Non-Excludable Guarantee, We do not guarantee that Tricentis Flood, Platform Services or Registered User Data or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any loss and damage that We may incur and/or claims and/or complaints You or Your customers may have against Us in respect of any interruption, error or unavailability of Tricentis Flood, Platform Services or any Registered User Data.
  11. Usage Restrictions
    1. You may not make any use of Tricentis Flood except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in Tricentis Flood. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to Tricentis Flood or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate Tricentis Flood or any content You obtain via Tricentis Flood (other than Your Registered User Data). In addition, You must not, nor may You permit any person to:
      1. copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance Tricentis Flood and/or any content in Tricentis Flood (except any of Your Registered User Data) (except as expressly permitted by the Copyright Act 1968 (Cth));
      2. do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
      3. use Tricentis Flood in any way that infringes Our rights or the rights of any third party;
      4. use Tricentis Flood to create any product or service that competes with Tricentis Flood; or
      5. take any steps to circumvent any technological protection measure or security measures in Tricentis Flood.
    2. You must not use Tricentis Flood or any part of Tricentis Flood in any way which is in breach of any statute, regulation, law or legal right of any person.
    3. You must not use Tricentis Flood or any part of Tricentis Flood in breach of these Terms of Use.
  12. AWS Customer License Terms
    1. If You subscribe to the Platform Services, You will be deemed to have also agreed to a separate agreement between You and Amazon comprising the terms and conditions set out or referred to at https://aws.amazon.com/legal/ (AWS Customer License Terms). To the extent that Our Terms of Use conflict with the AWS Customer License Terms, the AWS Customer License Terms prevail.
    2. Our obligation to provide You with Platform Services (if You have a Tricentis Flood Account) is subject to Your compliance with these Terms of Use and the AWS Customer License Terms.
    3. You must not contact Amazon for any support enquiries associated with Your Tricentis Flood Account. Amazon may capture, retain and use network, usage and other information regarding the use of its services. Please view Amazon’s privacy policy for details about its privacy practices.
  13. Acceptable Use Policy
    1. You agree that:
      1. using Tricentis Flood to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;
      2. using Tricentis Flood in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;
      3. using Tricentis Flood in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise, is strictly prohibited by these Terms of Use;
      4. introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use;
      5. revealing Your account password to others or allowing use of Your Tricentis Flood Account by others is strictly prohibited by these Terms of Use;
      6. using another person’s name, username or password or otherwise attempting to gain access to the Tricentis Flood Account of any other person is strictly prohibited by these Terms of Use;
      7. using Tricentis Flood to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
      8. except where You use the Load Testing Services to test Your website, using Tricentis Flood to carry out Load Testing Services, security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
      9. using Tricentis Flood to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited by these Terms of Use;
      10. using Tricentis Flood to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited by these Terms of Use;
      11. using Tricentis Flood to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;
      12. using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of Tricentis Flood is strictly prohibited by these Terms of Use;
      13. sending unsolicited email messages through or to users of Tricentis Flood in breach of the Spam Act 2003 is strictly prohibited by these Terms of Use;
      14. using Tricentis Flood to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and
      15. use of Tricentis Flood in breach of any person’s privacy (such as by way of identity theft or “phishing”) is strictly prohibited by these Terms of Use.
    2. We may suspend and/or terminate the Registered User’s access to the Platform Services and its Registered User Data hosted in the Platform Services if Our Acceptable Use Policy is violated.
  14. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.
  15. As between You and Us, except in respect of Your Registered User Data, We own all Intellectual Property Rights in Tricentis Flood.
  16. You have no rights in Tricentis Flood or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.
  17. ou agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with Tricentis Flood or requests for new Platform features (each, an “Improvement Suggestion”) becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to Tricentis Flood or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to Tricentis Flood, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.
  18. You must not take any step to invalidate or prejudice Our (or Our licensors’) Intellectual Property Rights in Tricentis Flood or otherwise. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights in respect of Your Registered User Data or with respect to the rights granted to You by these Terms of Use to use Tricentis Flood.
  19. Responsibility for other users
    1. We do not accept responsibility for the conduct of any users of Our Platform.
    2. If You believe that another user of Our Platform has breached these Terms of Use please contact Us.
    3. We are not a party to any transaction for the supply of goods or services advertised by any user of Tricentis Flood. Before entering into any transaction with any other user of Tricentis Flood, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.
    4. Any dispute You have with another user of Our Platform is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Platform and in respect of any content uploaded by or on behalf of any user into Tricentis Flood.
    5. We do not review or moderate content entered into or uploaded into Tricentis Flood. If We become aware of content that breaches Our Acceptable Use Policy (see clause 13) We will remove the content and send an email to the person who uploaded or entered it explaining why it was removed. If You become aware of any content that You think breaches the Acceptable Use Policy set out in clause 13 above, please contact Us.
  20. Responsibility for third party claims
    1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:
      1. your use of Tricentis Flood and/or the Platform Services; and/or
      2. your goods and/or services and/or Your advertising and/or sales and/or marketing practices.
  21. Hyperlinks
    1. We do not represent, recommend or endorse any websites to which We have linked from Tricentis Flood via hyperlink or otherwise.
  22. References
    1. Unless You send Us an email confirming that You do not wish Us to do so, We reserve the right to, and You shall be deemed to have licensed Us to use Your name and logo and Your company, organisation or legal entity’s name and logo as a reference for marketing and promotional purposes on Our Platform.
  23. Liability
    1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Platform is accurate, correct, up-to-date or error free.
    2. The information on Tricentis Flood is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from Tricentis Flood.
    3. To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
    4. Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any loss or damage howsoever incurred in relation to Your use of or inability to use Tricentis Flood, or with respect to any of the circumstances addressed in clause 16.1.
    5. Any goods and services supplied by Us through Tricentis Flood (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Registered User of Tricentis Flood to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended.
    6. If the goods or services supplied by Us to You through Tricentis Flood (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Registered User of Tricentis Flood to any person) are supplied to You in Your capacity as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, at Our option, to one or more of the following:
      1. if the breach relates to goods:
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of such goods;
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of the cost of having the goods repaired; and
      2. if the breach relates to services:
        1. the supplying of the services again; or
        2. the payment of the cost of having the services supplied again.
    7. Any warranty against defects provided by Us to You in Your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
    8. Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.
    9. To the extent that Our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, to the extent permissible by law Our liability to You is limited to the aggregate sum of the Service Charges paid by You to Us.
  24. Termination
    1. If You are not a Registered User, We may terminate these Terms of Use and Your access to Tricentis Flood or any part of it at any time without notice.
    2. If You are a Registered User, We may terminate these Terms of Use and Your access to Tricentis Flood by notice to You if:
      1. You breach any material term of these Terms of Use; or
      2. where reasonably necessary to protect Our legitimate commercial interests.
    3. We may take down Tricentis Flood or any part of it or take Tricentis Flood or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.
    4. Notwithstanding any other provisions of these Terms of Use, if We terminate these Terms of Use and/or Your access to Tricentis Flood, other than due to Your breach of these Terms of Use, We will refund to You any Service Charges paid by You in advance for a period that has not yet expired as at the date that termination becomes effective.
    5. Upon termination or expiry of:
      1. these Terms of Use;
      2. your access to Tricentis Flood;
      3. your Registered User Plan; and/or Platform Account,
      You must immediately cease using Tricentis Flood and the Platform Services.
    6. Termination of these Terms of Use and access to Tricentis Flood does not affect any accrued rights of either party.
  25. Notices
    1. Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use Your contact details for Your Tricentis Flood Account.
    2. You may contact Us or send a notice to Us using Our contact details that are specified on Our website at https://flood.io/contact
    3. Any notice issued by hand shall be deemed delivered upon delivery.
    4. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
    5. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
    6. We may send You email or other electronic messages concerning Your Tricentis Flood Account and Tricentis Flood from time to time.
  26. General
    1. Amendment: These Terms of Use may be amended by Us at any time. If You are a Registered User, We will notify You of the amendments by providing notice in writing or via email (“Amendment Notice”) and if You do not agree to the amendments You can cancel Your subscription to the Platform Services if the amendment is detrimental to You by providing written notice to Us within 7 days of Your receipt of the Amendment Notice. In You provide Us with that notice, We will refund to You any part of any Service Charges paid by You for access to the Platform Services that You have paid to Us in advance in respect of a period of time that has not expired as at the date of cancellation.
    2. Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, licence or novate Our rights or obligations under these Terms of Use at any time.
    3. Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.
    4. Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
    5. Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.
    6. Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.
    7. Jurisdiction: These Terms of Use shall be governed by the laws of Australia excluding conflicts of law, and either party shall submit to the exclusive jurisdiction of the courts located in Sydney, New South Wales.
    8. Arbitration: If there is no bilateral treaty regarding litigation and enforcement between the states where the parties are located, all disputes arising out of or in connection with these Terms of Use shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules. The place of the arbitration will be Sydney, Australia and the language of the arbitration shall be English.

Contact Information

Except as explicitly noted on this Site, the Services available through this Site are offered by 

Tricentis APAC Pty Ltd 
Level 3, Suite 4, 2-12 Foveaux St, 
Surry Hills, NSW 2010, 
Australia 

support@flood.io

If You notice that any user is violating these Terms of Use, please contact Us at support@flood.io.

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