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.

Definitions

1. 'Load Testing' refers to the service provided by LoadFocus for testing the performance and scalability of your web applications under various load conditions.
2. 'Page Speed Monitoring' refers to the service provided by LoadFocus for continuously monitoring the load times and performance of your web pages.
3. 'API Monitoring' refers to the service provided by LoadFocus for tracking the performance and reliability of your APIs.
4. 'Service' refers to any of the individual services offered by LoadFocus, including Load Testing, Page Speed Monitoring, and API Monitoring.

1. 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).

2. 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 selected plan for each service and is non-refundable. Each service—Load Testing, Page Speed Monitoring, and API Monitoring—has its own billing cycle and fees. 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 for each service 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 for a specific service, your credit card that you provided will automatically be charged at the new rate for that service on your next billing cycle.
5. Downgrading your Account or plan level for a specific service may cause loss of content, features, or capacity related to that service. LoadFocus LTD does not accept any liability for such loss.
6. Any amounts not paid when due will be subject to a late charge of one and one-half percent (1.5%) per month on the unpaid balance or the maximum rate allowed by law, whichever is less.
7. We may change our fees for the Service at any time with thirty (30) days prior notice, which may be given by publication on the Site.
8. For additional costs, we may charge at thresholds for each specific service, and if the payment fails at these thresholds, monitoring for that particular service will stop immediately from the moment the payment fails.
9. Deduction of Payment Processor Fees: Any approved refund will be processed for the amount paid for the Service, minus any applicable payment processor fees. These fees include, but are not limited to, transaction fees charged by credit card companies or other payment gateways.

3. Cancellation and Termination

1. You are solely responsible for properly cancelling your subscription for each specific service. An email or phone request to cancel your Account is not considered cancellation. You can cancel your subscription for a particular service at any time by navigating to the “Account” section and selecting the service you wish to cancel.
2. All of your paid plan content for the canceled service will be immediately removed from the Site upon cancellation of that service. This information cannot be recovered once the subscription for that service is cancelled.
3. If you cancel your subscription for a specific service before the end of your current paid period for that service, your cancellation will take effect immediately for that service and you will not be charged again for that service. No refunds will be given for any unused periods upon cancellation of that service. Other active subscriptions for different services will remain unaffected and continue to be billed according to their respective billing cycles.
4. LoadFocus LTD may terminate your Account or any specific service subscription with immediate effect and without notice to you if you materially breach the Terms of Service or fraudulently use or misuse the Site or Service. In the event of such termination, you will not receive a refund for the terminated service subscription.
5. LoadFocus LTD, in its sole discretion, has the right to suspend or terminate your Account or any specific service subscription 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 will result in the deactivation or deletion of your Account or your access to your Account for the terminated service, and the forfeiture and relinquishment of all content in your Account related to that service. LoadFocus LTD reserves the right to refuse service to anyone for any reason at any time without affecting other active service subscriptions.
6. If we terminate this agreement due to a material breach by you and you fail to cure such breach within thirty (30) days after receiving written notice from us, we may terminate this agreement immediately for the specific service subscription involved.
7. If either party becomes insolvent, voluntarily commences any proceeding or files any petition under applicable bankruptcy laws, or makes an assignment for the benefit of its creditors, the other party may terminate this agreement immediately for all active service subscriptions.

4. 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 (https://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.

5. Proprietary Rights

1. Ownership: You retain ownership of the content you provide; LoadFocus LTD retains all rights to the Service.
2. Feedback: If you provide feedback or suggestions, LoadFocus LTD can use them without any restrictions.
3. Usage Data: LoadFocus LTD can use data about how you and others use the Service in an aggregated form.

6. Limitation of Liability

1. In no event will the total liability of each party arising out of or related to these terms exceed the amount paid by you for the service in the twelve months before the incident that caused the liability. This applies whether the action is in contract or tort and regardless of the theory of liability. This limitation does not limit your obligation under the Payments section or your liability for breaching LoadFocus LTD's proprietary rights.
2. Neither party will be liable for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption, or punitive damages, whether the action is in contract or tort and regardless of the theory of liability, even if advised of the possibility of such damages or if a remedy fails of its essential purpose. This limitation does not apply to amounts payable under your indemnification obligations or damages arising from your breach of LoadFocus LTD's proprietary rights.

7. 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 ©2024 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.

8. Confidentiality

1. Definition: 'Confidential Information' includes any nonpublic information that should reasonably be understood to be confidential.
2. Confidentiality: Both parties agree to protect each other's Confidential Information and only use it as permitted under these Terms.
3. Required Disclosure: If required by law, Confidential Information may be disclosed, but we'll try to provide notice first if legally allowed.

9. Compliance

1. Legal Basis: You must ensure that your use of the Service complies with all applicable laws and regulations.
2. Privacy Laws: Both parties will follow applicable privacy laws, including GDPR and CCPA.
3. Security Measures: LoadFocus LTD will take reasonable steps to protect your data.

10. 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.
16. The Terms of Service shall be governed and construed in accordance with the laws of England and you and us agree the courts of England shall have exclusive jurisdiction to settle any claims or dispute arising out of or in connection with the Terms of Service.
17. Publicity: By using our Service, you agree that we can use your name and logo in our marketing materials.
18. Changes to Terms: We might change these Terms occasionally, and if we do, we'll let you know. Continuing to use our Service means you agree to the changes.
19. Severability: If a part of these Terms is found to be unenforceable, the rest will still apply.
20. Remedies: We have various ways to address issues, and these Terms don't limit other legal rights and remedies.
21. Notices: We'll send any notices to the contact info you provided in your Order.
22. Assignment: You can't transfer these Terms to someone else without our permission, but we can transfer them without asking you.

11. Free Plans and Free Tools

1. Definitions:

a. 'Free Plan' refers to the no-cost subscription tier available for each individual service—Load Testing, Page Speed Monitoring, and API Monitoring—offered by LoadFocus.
b. 'Free Tools' refers to any tools or features available on the LoadFocus website that are accessible without a paid subscription.

2. Usage of Free Plans and Free Tools:

a. Free Plans provide limited access to each respective service, subject to specific usage limits and feature restrictions as detailed on the Site.
b. Free Tools are offered solely for informational and non-commercial purposes. Their availability, functionality, and performance may vary and are provided without any guarantees.

3. No Liability for Free Offerings:

a. LoadFocus LTD offers Free Plans and Free Tools on an 'as is' and 'as available' basis without any warranties or representations, whether express or implied, regarding their performance, reliability, or suitability for any particular purpose.
b. LoadFocus LTD shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, Free Plans or Free Tools, even if LoadFocus LTD has been advised of the possibility of such damages.
c. By using Free Plans and Free Tools, you acknowledge and agree that such use is at your sole risk.

4. No Refunds or Compensation:

a. Users of Free Plans and Free Tools are not entitled to any refunds, compensation, or credits for any issues, malfunctions, or limitations experienced while using these free offerings.
b. LoadFocus LTD reserves the right to modify, suspend, or discontinue Free Plans and Free Tools at any time without prior notice.