These are the terms and conditions governing the use of this Website and the Contract that operates between You and Knapsack Pro.
The following definitions and rules of interpretation apply in these Conditions.
„Billing date” – the date on which a Subscription will get renewed and the payment will get collected.
„Charges” – the charges payable by the Customer for the supply of the Services in accordance with Clause 7;
„Conditions” – these terms and conditions.
„Contract” – the contract between You and the Knapsack Pro for the supply of Services in accordance with these Conditions.
„Customer” or „You” – the person or firm who purchases Services from the Supplier.
„Documentation” – documentation that includes instructions for integration Knapsack Pro with Customer’s project and CI provider available at: https://docs.knapsackpro.com/integration/.
„Free Trial” – the period during which the Customer may trial the Services without charge.
„Individual Account” – the Customer’s unique panel on the Supplier’s Platform, activated after completing the registration process, which is required to use the Services;
„Intellectual Property Rights” – patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off [or unfair competition], rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
„Knapsack Pro”, „Supplier” or „We” – KNAPSACK TECHNOLOGIES LTD, a company registered under the laws of England and Wales at Craven House 40-44 Uxbridge Road, London, England, W5 2BS, company number 12680577.
„Newsletter” – an information bulletin with testing tips to which the Customer has agreed to subscribe by entering its e-mail address in the "Newsletter" box on our Website.
„Services” – the services provided by the Supplier to Customers, consisting of giving Customers access to a Software, which allows Customer to run its automated tests in a more optimized way.
“Software” – Knapsack Pro software, which Supplier provides to the Customer as a Service.
„Subscription” – the Customer’s temporary right to use Knapsack Pro Services.
„Subscription Fee” – an amount of money the Customer is required to pay the Supplier for the Subscription. The Subscription fee varies depending on the type of Subscription.
“Subscription period” – the length of time between the payments the Customer is required to pay the Supplier (a month).
„Website” – The Knapsack Pro website available at: https://knapsackpro.com/.
You are obliged to:
You are not allowed to:
Free trial period
Knapsack Pro’s Services are provided on a monthly Subscription basis. The subscription type depends on the sum of average execution runtime of each test file from all of your projects.
We offer three basic types of Subscription:
We also offer three specific types of subscriptions:
Open Source – this type of Subscription is available free of charge for unlimited test suite time. To qualify for Open Source Subscription, you must meet following requirements:
Notwithstanding the above, We reserve the right to freely select entities that will use our Services on the basis of an Open Source Subscription.
Charges and payment
Without affecting any other right or remedy available to us, We may terminate the Contract with immediate effect (after setting an additional deadline of no less than 30 days to halt infringements) by giving written notice to you, if you:
Intellectual Property Rights
This is the grant of a license, not a transfer of title, and under this license you may not:
Other Services provided electronically
Knapsack Pro, in accordance with these Terms and Conditions, provides the following Services free of charge to You:
The materials on our Website are provided "as is". Knapsack Pro makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Knapsack Pro does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our Website or otherwise relating to such materials or on any sites linked to this site.
You agree to defend, indemnify and hold harmless Knapsack Pro against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services and/or Documentation, provided that:
Knapsack Pro will defend You, your officers, directors and employees against any claim, according to which your use of the Services or Documentation in accordance with this Contract infringes any patent, copyright, trade mark, database right or right of confidentiality, and will indemnify You for any amounts awarded against You in judgment or settlement of such claims, provided that:
In no event will Knapsack Pro, its employees, agents and sub-contractors be liable to You to the extent that the alleged infringement is based on:
Limitation of liability
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
Subject to 8.5 (Liabilities which cannot legally be limited), Knapsack Pro will not be responsible for the following types of loss related to the use of our Services and/or Documentation:
Except as expressly and specifically provided in this Contract:
Knapsack Pro shall not be liable to You under this Contract if it is prevented from or delayed in performing its obligations under this Contract, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that You are notified of such an event and its expected duration.