Terms of Use & End-User License Agreement (EULA)
Definitions
For the purposes of this agreement:
"Company" refers to Omnitest, the service provider and owner of the software application and related services.
"Customer", “You” and “your” refers to the individual or legal entity accessing, downloading, installing, or using the software and services.
"Authorized Users" refers to individuals explicitly permitted by the customer (e.g., employees or contractors) to access or use the software under the customer’s license.
Agreement to these terms
The Terms of Use and End-User License Agreement (EULA) govern your use of our software application and services. By downloading, installing, or using the software, you agree to these terms. If you are accessing or using the software and services on behalf of a company (such as your employer) or another legal entity, you confirm that you have the authority to bind that company or entity to these Terms.
License Grant
The company grants the customer a non-exclusive, non-transferable, revocable license to use the software under the terms specified in this agreement.
License Types
Personal License: For individual use only (per device).
Enterprise License: Grants rights to unlimited use within a single organization.
Other Licenses: Other types of licenses may be defined and offered by the company.
Resale or redistribution of the software is prohibited unless explicitly authorized by the company.
Payment Terms for Subscription Service
Payment Method: Payments are automatically charged to the credit card or other approved payment method provided by the customer.
Billing Cycle: The service is billed in advance, either monthly or annually, depending on the selected billing cycle. Payments are processed automatically at the beginning of each billing period.
Subscription Start and Initial Charge: The initial charge occurs immediately after the customer activates the subscription.
Receipt and Payment Confirmation: The customer will receive an email confirmation for each successful payment.
Failed Payments: If a payment cannot be processed (e.g., insufficient funds or an expired credit card):
The customer will be notified via email about the issue.
The customer will have 7 days to update their payment method.
The service may be suspended if payment is not received within the given timeframe.
Price Changes: The company may update the pricing by notifying the customer at least 30 days before the change takes effect. The customer has the right to cancel the subscription before the price change becomes effective.
Cancellations and Refunds:
The customer may cancel the subscription at any time, but payments already made are non-refundable.
The cancellation takes effect immediately, and no further billing cycles will be charged.
The customer will retain access to the service until the end of the already paid billing period.
End of Subscription Period
The customer will retain access to the service until the end of the already paid billing period.
Payment Data Security
All payment information is handled securely. The company's third party payment provider does not store credit card information.
Use Restrictions
Except as otherwise expressly authorized in these Terms, the customer and any authorized users will not:
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the software and services (except to the extent that such a restriction is impermissible under applicable law).
Provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the software and services.
Copy, modify, create derivative works of, or remove proprietary notices from the software and services.
Circumvent any technical limitations implemented by the company.
Updates
Updates to the software are included as part of the license granted by the company. There might be occasional downtime due to maintenance, updates, or unforeseen technical issues. The company will make reasonable efforts to minimize disruptions and notify users in advance whenever possible. However, the company is not liable for any loss or inconvenience caused by such downtime.
Intellectual Property Rights
Ownership of the Software: All rights, title, and interest in the software, including its source code, documentation, updates, and enhancements, are and shall remain the exclusive property of the company. The software is not sold to the customer; instead, the customer is granted a license to use the software under these terms.
Violation of Intellectual Property Rights: If the customer violates these intellectual property terms, the company reserves the right to terminate the customer’s license and take necessary legal action.
Ownership of Customer Data: The customer retains ownership of all data processed within the software. The company does not claim any rights to the customer’s data, except as necessary to provide the functionality of the software.
Limitation of Liability
The software is provided on an "as is" basis, without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the maximum extent permitted by applicable law, the company, along with its affiliates, officers, employees, agents, suppliers, or licensors, shall not be held liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, damages for loss of profits, data, use, goodwill, or other intangible losses arising from:
The customer’s use or inability to use the software;
Any unauthorized access to or misuse of the service;
Interruptions, delays, or cessations in the availability of the service;
Bugs, viruses, malware, or other harmful components that may be transmitted through the software by third parties;
Any errors, omissions, or inaccuracies in content or for any losses or damages resulting from the use of the software.
In all cases, the company’s total liability shall not exceed the amount paid by the customer for the software during the three (3) months immediately preceding the claim.
Termination
The company may terminate this agreement if the customer violates any terms. Upon termination, the customer must uninstall the software and cease all use.
Amendments
The company reserves the right to modify these terms. Continued use of the software after changes signifies acceptance of the new terms.
Continuation of Terms in Case of Business Changes
These terms and conditions shall remain in full force and effect regardless of any changes to the business’s legal structure, name, business identification number (e.g., registration number or company ID), ownership, or corporate status (e.g., transition to a limited liability company, public listing, or other restructuring). Such changes shall not affect the validity or enforceability of this agreement.
Privacy Policy
For the purposes of this agreement:
"Company" refers to Concordant, the service provider and owner of the software application and related services.
"Customer", “You” and “your” refers to the individual or legal entity accessing, downloading, installing, or using the software and services.
"Authorized Users" refers to individuals explicitly permitted by the customer (e.g., employees or contractors) to access or use the software under the customer’s account.
Introduction
The company values your privacy. This Privacy Policy explains how your information is collected, used, and protected when you use the software. The Company does not directly process or store personal data; instead, all personal data is handled by a trusted third-party service providers for analytics, licensing, and payment processing.
Data collected by trusted service providers
1. Personal Information
Customer name, email address, and billing details are processed by the payment processing service provider. The company only accesses these details by their dashboard to verify transactions or resolve payment-related issues. These details are not stored in our systems.
A device identifier and, in some cases, names or email addresses are collected to manage software licenses.
2. Usage Data
Collected through a third party provider to improve software functionality and performance. This includes:
IP address (anonymized wherever possible)
Geolocation (approximate)
Error reports
Usage patterns
How We Use Your Data
We use the collected data to:
Provide and maintain the functionality of the software.
Analyze performance and improve user experience.
Communicate updates, support information, or other important details related to your use of the software.
Data Retention
Personal Information: Retained by a trusted service provider for as long as necessary to process payments, manage licenses, or comply with legal requirements.
Usage Data: Retained by us and anonymized wherever necessary for analytics purposes.
Data Sharing
No Data Sales: We do not sell your data to third parties.
Service Providers: Personal data related to payments and licenses is processed solely by trusted service providers only when needed.
Legal Compliance: We may disclose anonymized usage data to comply with legal obligations or to protect rights, property, or safety.
Your Rights
You have rights concerning your personal data. As personal data is processed by trusted third-party service providers, these rights should be exercised directly with those providers.
Security Measures
The Company employs encryption and other security measures to safeguard usage data, where applicable.
The Company relies on security measures provided by trusted third-party service providers.
While the Company strives for robust security, no system can guarantee absolute protection.
Tracking Technologies
The company may track and link usage data under a license in order to enhance your experience and analyze software usage patterns across devices. For example, data gathered from multiple devices using the same multi-device team license may be aggregated.
Contact Information
For privacy-related inquiries, contact the Company at [Your Contact Email]. For questions about personal data processing our trusted third-party service providers, please refer to their respective privacy policies:
Keygen Privacy Policy
Posthog Privacy Policy
Why a Data Processing Agreement (DPA) Is Not Required
Since the Company does not directly store or process personal payment data, a Data Processing Agreement (DPA) between the Company and customers is not necessary. The Company´s trusted third-party service providers act as data processors under their own DPAs, ensuring compliance with GDPR and other relevant privacy laws.