Bullseye Testing Technology

TERMS AND CONDITIONS

Last updated April 15, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Bullseye Testing Technology ("Company," "we," "us," "our"), a company registered in Washington, United States at PO Box 3428, Redmond, WA 98073.

We operate the website https://www.bullseye.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively the " Services").

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Bullseye Testing Technology, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act. (GLBA). Nothing in this Section limits our obligations under applicable data protection and privacy laws, and we will provide the documentation and cooperation reasonably necessary to support your regulatory compliance in connection with your use of the Services.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively the "Content") as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, license revocable only in accordance with the termination provisions of these Legal Terms, to access and use the Services solely for your personal, internal business non-commercial use or internal business purpose. We acknowledge that, as between the parties, you retain all right, title, and interest in and to your own data and materials, and these Legal Terms grant us no ownership of or license to them except as necessary to provide the Services.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed: encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: policy@bullseye.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that (1 ) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We represent and warrant that: (1) we have the right and authority to enter into these Legal Terms and to grant the rights granted to you; (2) the Services will perform materially in accordance with their documentation; and (3) to our knowledge, the Services do not infringe or misappropriate any intellectual property or proprietary right of any third party.

4. SUBSCRIPTIONS

Billing and Renewal

Subscriptions will not be renewed automatically. We will contact you by email prior to expiry to ask if you wish to renew your subscription and communicate the cost of renewing your subscription.

Free Trial

We offer a 30-day free trial to new users who register with the Services.

Cancellation

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law. Fees will remain fixed for the duration of each paid subscription term, and any change to fees will apply only to a subsequent term and will be notified to you at least thirty (30) days before the current term expires. If we terminate your subscription other than for your uncured material breach, we will refund a pro-rata portion of any prepaid fees for the unused portion of the then-current term.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

6. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy When you create or make available any Contributions, you thereby represent and warrant that:

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services. Any Contributions you transmit remain your property, and we will handle them in accordance with Section 19 (User Data), including the ownership, use-restriction, security, and deletion protections set out in that Section.

7. CONTRIBUTION LICENSE

You retain full ownership of all of your Contributions and any intellectual property rights associated with your Contributions, including any suggestions or other feedback you provide regarding the Services. We acquire no ownership of, and no right to commercialize, sublicense, or share with any third party, your feedback. We may use feedback solely in anonymized and aggregated form that does not identify you and does not contain or reveal your Confidential Information, and solely to improve the Services. Any other use of your feedback requires your prior written consent.

8. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Pany Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Pany Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third- Party Content or any contact with Third-Party Websites.

9. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1 ) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

10. PRIVACY POLICY

We care about data privacy and security Please review our Privacy Policy: https://www.bullseye.com/policy-privacy.html. By using the Services: you agree to be bound by our Privacy Policy which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services: you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

11. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to a person only in the event of that person's material breach of any representation, warranty, or covenant contained in these Legal Terms that remains uncured for thirty (30) days after our written notice; we may not terminate or suspend your access to the Services for convenience or without cause. Upon any termination or suspension by us, we will provide a pro-rata refund of any prepaid fees for the unused portion of the subscription term and will maintain your access to the Services and your data for a transition period of at least thirty (30) days to enable migration. You may terminate these Legal Terms at any time and for any reason upon written notice to us, and you may terminate immediately upon our material breach that remains uncured for thirty (30) days after written notice, in which case we will refund any prepaid fees for the unused portion of the subscription term.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or remove the contents of the Services at any time, provided that we will give at least thirty (30) days' prior written notice of any material changes. If such changes materially diminish the functionality of the Services, you may terminate your subscription and receive a pro-rata refund of any prepaid fees for the unused portion of the subscription term. We will use commercially reasonable efforts to maintain availability of the Services and will make the Services available at least 99.9% of the time during each calendar month, excluding scheduled maintenance for which we provide reasonable advance notice. If we fail to meet this availability commitment, you will be entitled to service credits as set out in our service level terms, and if availability falls materially below this level over any two consecutive months, you may terminate your subscription and receive a pro-rata refund of any prepaid fees.

13. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles, except that nothing in these Legal Terms shall deprive you of the protection afforded by mandatory provisions of the law of your country of residence.

14. DISPUTE RESOLUTION

The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. If unable to resolve informally, disputes will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), or, at the election of either party, by a court of competent jurisdiction. Arbitration, if elected, will take place in King County, Washington, or such other location as the parties may agree.

15. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

16. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT AFFECTING ANY STATUTORY RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

17. LIMITATIONS OF LIABILITY

LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF YOUR USE OF THE SERVICES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. THE FOREGOING EXCLUSIONS AND THE LIABILITY CAP WILL NOT APPLY TO, AND THERE SHALL BE NO LIMITATION ON OUR LIABILITY ARISING FROM: (A) OUR BREACH OF OUR CONFIDENTIALITY OBLIGATIONS; (B) OUR INDEMNIFICATION OBLIGATIONS; (C) OUR BREACH OF DATA PROTECTION OR PRIVACY OBLIGATIONS OR ANY DATA SECURITY INCIDENT CAUSED BY US; (D) OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (E) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR (F) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand arising out of: (1) your misuse of or unauthorized access to the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any harmful act toward any other user of the Services. WE AGREE TO DEFEND, INDEMNIFY, AND HOLD YOU HARMLESS, INCLUDING YOUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF: (1) ANY CLAIM THAT THE SERVICES, OR YOUR AUTHORIZED USE OF THEM, INFRINGE OR MISAPPROPRIATE ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT OF A THIRD PARTY; (2) OUR BREACH OF THESE LEGAL TERMS; (3) OUR BREACH OF OUR CONFIDENTIALITY, DATA PROTECTION, OR PRIVACY OBLIGATIONS, OR ANY DATA SECURITY INCIDENT CAUSED BY US; OR (4) OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD. THE PARTY SEEKING INDEMNIFICATION WILL GIVE THE INDEMNIFYING PARTY PROMPT WRITTEN NOTICE OF THE CLAIM, REASONABLE COOPERATION, AND CONTROL OF THE DEFENSE AND SETTLEMENT, PROVIDED THAT NO SETTLEMENT THAT IMPOSES ANY LIABILITY OR OBLIGATION ON, OR REQUIRES ANY ADMISSION BY, THE INDEMNIFIED PARTY MAY BE ENTERED INTO WITHOUT THAT PARTY'S PRIOR WRITTEN CONSENT. IF THE SERVICES BECOME, OR IN OUR REASONABLE OPINION ARE LIKELY TO BECOME, THE SUBJECT OF AN INFRINGEMENT CLAIM, WE WILL AT OUR EXPENSE EITHER PROCURE YOUR RIGHT TO CONTINUE USING THE SERVICES, MODIFY THEM TO BE NON-INFRINGING WHILE PRESERVING MATERIALLY EQUIVALENT FUNCTIONALITY, OR, IF NEITHER IS COMMERCIALLY REASONABLE, REFUND ANY PREPAID FEES FOR THE UNUSED PORTION OF THE SUBSCRIPTION TERM.

19. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. As between you and us, you retain all right, title, and interest in and to your data, and we obtain no rights in your data except the limited right to process it to provide the Services. We will not access, use, disclose, or share your data except as necessary to provide the Services or as you direct, and we will not use your data to train models or for any other commercial purpose without your prior written consent. Upon termination or expiration of these Legal Terms, we will, at your request, make your data available for export in a commonly used format for a period of thirty (30) days, after which we will securely delete your data unless retention is required by applicable law. We will maintain appropriate technical and organizational measures designed to protect your data against unauthorized access, loss, alteration, or disclosure, and will notify you without undue delay after becoming aware of any data security incident affecting your data. Although we perform regular routine backups of data, you are solely responsible for data that you transmit or that relates to any activity you have undertaken using the Services, except to the extent that data loss or unauthorized access or disclosure results from our negligence, willful misconduct, or breach of these Legal Terms.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

21. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

22. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Each party agrees to hold in confidence all Confidential Information of the other party and to use it only for the purposes contemplated by these Legal Terms. Our failure to exercise or enforce any right or entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal These Legal Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision or part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.