LoadFocus Terms of Service

Updated July 27, 2020

This translated text is provided for informational purposes only and in the event of any inconsistency between this version and the English version, the latter prevails.

By using the LoadFocus.com website (the "Site”), website testing service or any services of LoadFocus LTD (the "Service”), you are agreeing to be bound by the following terms and conditions ("Terms of Service”).
"LoadFocus LTD” or "we” or "us” refers to the owner or operator of the Site and provider of the Service. LoadFocus LTD is a company registered in England and Wales under company number 9554514.
LoadFocus LTD reserves the right to update, modify or change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Site or Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Site or Service after any such changes shall constitute your consent to such changes and your agreement to be bound by the changes. You can review the most current version of the Terms of Service at any time at: Terms of Service.
Violation or breach of any of the terms below will result in the termination of your Account (as defined below). without notice to you or liability to us. By using the Site, you understand and agree that LoadFocus LTD shall not be responsible or liable to you for any errors, inaccuracies, objectionable or offensive for the content which you may be exposed to and you further agree to use the Site at your own risk.

Account Terms

1. You must be 18 years or older to use the Site or Service.
2. You must provide your legal full name, a valid email address, and any other information requested in order to create an account to use and access the Service ("Account”).
3. You are responsible for maintaining the security and confidentiality of your Account and password. LoadFocus LTD shall not be liable for any loss or damage from your failure to comply with this security obligation.
4. You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have accounts under your Account).
5. You may not use the Site or Service on applications or websites where you have no rights. You can use the Site or Service only on your own applications or websites. LoadFocus LTD shall not be liable for any direct or indirect loss or damage arising out of the use of the Site or Service on any unauthorized applications, /websites or and application programming interfaces (APIs).
6. You may not use the Site or Service for any illegal or unauthorized purpose. You must not, in the use of the Site or Service, violate any applicable laws in your jurisdiction (including but not limited to copyright laws).

Billing Terms

1. A valid credit card is required for paying Accounts. Free Accounts are not required to provide a credit card number.
2. The Service is billed in advance on a monthly or yearly basis based on your plan and is non-refundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. For the avoidance of doubt, your plan shall automatically renew at the end of your current subscription period or plan on a rolling or recurring monthly or yearly basis (depending on your plan) until you cancel it pursuant to the "Cancellation and Termination” section below.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged at the new rate on your next billing cycle.
5. Downgrading your Account or plan level may cause loss of content, features, or capacity of your Account. LoadFocus LTD does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly cancelling your Account. An email or phone request to cancel your Account is not considered cancellation. You can cancel your Account at any time by clicking on the "Account link” in the global navigation bar at the top-right of the screen on the Site.
2. All of your Pro or Business plan content will be immediately removed from the Site upon cancellation. This information can not be recovered once your Account is cancelled.
3. If you cancel your Account or plan before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again. No refunds will be given for any unused periods upon cancellation.
4. LoadFocus LTD, may terminate your Account with immediate effect and without notice to you if you materially breach the Terms of Service or you fraudulently use or misuse the Site or Service. In the event of such termination you will not receive a refund.
5. LoadFocus LTD, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other LoadFocus LTD service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. LoadFocus LTD reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. LoadFocus LTD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly and yearly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site (http://www.loadfocus.com/). Your continued use of the Service thereafter constitutes your agreement to such price change.
3. LoadFocus LTD shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site or Service.

Copyright and Content Ownership

1. All content or materials posted or provided by you must comply with UK copyright law and any other applicable laws.
2. We claim no intellectual property rights over content or material you provided or uploaded by you to the Site or in connection with the Service. The content or materials you provide or upload remain yours and you confirm you own all rights in any content or materials uploaded or provided by you or otherwise have the full power, license, consents and authority in the content or materials you upload to the Site or provide in connection with the Service. By setting your pages to be shared publicly, you agree to allow others to view and share your content or material.
3. You agree that the materials or content uploaded or provided by you do not infringe upon any third party rights and are in no way unlawful for you to upload or provide and you further agree to indemnify and hold harmless LoadFocus LTD, its officers, directors, employees and agents against any and all third party claims, loss or damage arising out of the content or materials uploaded or provided by you.
4. LoadFocus LTD does not pre-screen content, but LoadFocus LTD and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site or Service.
5. The look and feel of the Site is copyright ©2020 LoadFocus LTD All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from LoadFocus LTD.

General Conditions

1. Your use of the Site is at your sole risk. The Site and Service are provided on an "as is” and "as available” basis.
2. Technical support is only provided to paying Account holders and is only available via email.
3. You understand that LoadFocus LTD uses third party suppliers or vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Site and Service.
4. You must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site, Service or LoadFocus LTD.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Service, without the express written permission by LoadFocus LTD.
6. We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates third party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any LoadFocus LTD customer, employee, member, agent, director or officer will result in immediate termination of your Account without any liability to LoadFocus LTD.
8. You understand that the technical processing and transmission of the Site or Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, short message service (SMS), or "spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by LoadFocus LTD) of other LoadFocus customers, we reserve the right to immediately disable your Account or throttle your file hosting until you can reduce your bandwidth consumption.
12. LoadFocus LTD does not warrant that (i) the Service will meet your specific requirements, (ii) the Site or Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site or Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you from LoadFocus LTD will meet your expectations or be fit for a particular purpose, and (v) any errors in the Site or Service will be corrected.
13. You expressly understand and agree that LoadFocus LTD shall not be liable for any direct, indirect, incidental, special, consequential loss or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LoadFocus LTD has been advised of the possibility of such loss or damages), resulting from: (i) the use or the inability to use the Site or Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site or Service; (v) or any other matter relating to the Site or Service.
14. The failure of LoadFocus LTD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LoadFocus LTD and governs your use of the Service, superseding any prior agreements between you and LoadFocus LTD (including, but not limited to, any prior versions of the Terms of Service).
15. Questions about the Terms of Service should be sent to contact at loadfocus dot com.

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