Terms and Conditions

2.1 Legal Compliance

You agree to comply with all applicable laws, regulations, and ordinances when using our services, including but not limited to:

• • Export control laws and regulations
• • Intellectual property laws and copyright protections
• • Data protection and privacy regulations
• • Industry-specific regulations applicable to your business
• • Local, state, federal, and international laws

2.2 Conduct Requirements

When using our services, you must:

• ✓ Provide accurate, complete, and truthful information
• ✓ Act in good faith and with professional integrity
• ✓ Respect the rights and property of Test Bench and third parties
• ✓ Maintain confidentiality of proprietary information
• ✓ Use our services only for their intended lawful purposes

2.3 Prohibited Activities

You expressly agree not to:

• ✗ Violate any laws, regulations, or third-party rights
• ✗ Engage in fraudulent, deceptive, or misleading conduct
• ✗ Attempt to circumvent security measures or access restrictions
• ✗ Use automated systems to access or interact with our services without permission
• ✗ Interfere with or disrupt our services or infrastructure
• ✗ Misuse our services for any unlawful or unauthorized purpose

2.4 Indemnification Obligations

You agree to indemnify, defend, and hold harmless Test Bench, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from your use of our services, your violation of these Terms and Conditions, or your violation of any rights of another party.

2.5 Privacy and Data Protection Compliance

You acknowledge your responsibility to comply with all applicable privacy and data protection laws when providing information to us or using our services. You represent that you have obtained all necessary consents and permissions for any data you submit to us.

3.1 Disclaimer of Warranties

Test Bench provides its website and services "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• → Implied warranties of merchantability or fitness for a particular purpose
• → Warranties regarding accuracy, reliability, or completeness of information
• → Warranties of uninterrupted, timely, secure, or error-free service
• → Warranties regarding results that may be obtained from use of services

You acknowledge that your use of our services is at your sole risk and discretion.

3.2 Limitation of Liability

To the maximum extent permitted by applicable law, Test Bench shall not be liable for any:

• ⚠ Indirect Damages: Including loss of profits, revenue, data, or business opportunities
• ⚠ Incidental Damages: Costs of procurement of substitute services or related expenses
• ⚠ Special Damages: Damages arising from special circumstances or unique situations
• ⚠ Consequential Damages: Damages resulting as a consequence of other damages
• ⚠ Punitive Damages: Damages intended to punish or deter conduct

3.3 Maximum Liability Cap

In no event shall Test Bench's total aggregate liability to you for all claims arising from or related to your use of our services exceed the amount you paid to us, if any, in the twelve months preceding the claim. If you have not paid any amounts to us, our maximum liability shall be limited to $100 USD.

3.4 Consequential Damages Exclusion

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law. These limitations apply even if Test Bench has been advised of the possibility of such damages.

3.5 Force Majeure

Test Bench shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, government actions, labor disputes, internet or utility failures, or other force majeure events.

4.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

4.2 Jurisdiction

You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California for all disputes arising from or relating to these Terms and Conditions or your use of our services. You waive any objection to jurisdiction or venue in such courts.

4.3 Dispute Resolution Procedures

Before filing any legal claim, the parties agree to attempt resolution through the following process:

• Step 1: Provide written notice of the dispute to the other party, including a detailed description of the issue
• Step 2: Engage in good faith negotiations for at least 30 days to resolve the dispute
• Step 3: If negotiations fail, consider mediation through a mutually agreed-upon mediator
• Step 4: Only after exhausting these options may either party pursue formal legal proceedings

4.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

4.5 Severability Clause

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. Invalid provisions shall be modified to the minimum extent necessary to make them valid and enforceable while preserving the parties' intent.

4.6 Waiver

No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision shall not constitute a waiver of such right or provision.

4.7 Assignment

You may not assign or transfer these Terms and Conditions or any rights granted hereunder without our prior written consent. Test Bench may assign these terms at any time without restriction. Any attempted assignment in violation of this provision shall be void.

4.8 Survival

Provisions of these Terms and Conditions that by their nature should survive termination shall survive, including but not limited to liability limitations, indemnification obligations, warranty disclaimers, and dispute resolution provisions.

5.1 Age Restrictions

Our services are intended for users who are at least 18 years of age or the age of majority in their jurisdiction, whichever is greater. By using our services, you represent and warrant that you meet these age requirements.

5.2 Electronic Communications

By using our services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

5.3 Relationship of Parties

Nothing in these Terms and Conditions creates a partnership, joint venture, employment, or agency relationship between you and Test Bench. Neither party has authority to bind the other or incur obligations on behalf of the other.

5.4 Third-Party Beneficiaries

These Terms and Conditions are for the benefit of Test Bench and you only and are not intended to benefit any third party or be enforceable by any third party. Your rights and obligations may not be assigned or transferred without our express written consent.

5.5 Notices

All notices required or permitted under these Terms and Conditions shall be in writing and delivered via email to info@te-st-bench.com or postal mail to our business address. Notices shall be deemed given when received or, if earlier, two business days after being deposited in the mail.