Last updated: 17 December 2024
Welcome to 99testimonials by Deepesh Jayal.
These Terms of Use (“Terms”, “Agreement”) form a legally binding agreement between you (“User”, “you”, or “your”) and Deepesh Jayal, the owner of 99testimonials (“99testimonials”, “us”, “we”, or “our”). This Agreement governs your use of the 99testimonials website and its associated services and products (collectively referred to as “Website” or “Services”).
By accessing or using the Website in any manner, including browsing, interacting, or utilizing any features, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you are prohibited from using the Website.
1. Use of the 99testimonials Website
1.1 Eligibility
You must be at least the age of majority in the jurisdiction where you reside to access or use the 99testimonials Website. By using the Website, you represent and warrant that you meet the age requirements as stipulated above.
1.2 Registration
Access to certain features or functionalities of the 99testimonials Website may require you to register and create an account with us. During the registration process, you agree to provide accurate, complete, and up-to-date information as requested. We will treat personal information you provide as part of registration in accordance with our Privacy Policy.
1.3 Privacy Policy
Your use of the 99testimonials Website is governed by our Privacy Policy. By accessing or using the Website, you acknowledge and agree to the terms and conditions outlined in the Privacy Policy, which is incorporated into this Agreement by reference.
1.4 Acceptable Use Policy
By using the 99testimonials Website, you agree to comply with all applicable laws, rules, and regulations, and you further agree to use the Website in a manner that is respectful, lawful, and consistent with the norms of online etiquette. You must not engage in any activity or use the Website in a manner that could disrupt, damage, or impair the Website or the experience of other users. The specific rules for acceptable use are detailed in our Acceptable Use Policy.
1.5 Termination
You may terminate your account and cease use of the 99testimonials Website at any time by contacting us via email at info@99testimonials.com. We reserve the right to suspend or terminate your access to the 99testionials Website or Services at our sole discretion, without notice or liability to you, for any reason, including but not limited to the violation of these Terms or other policies associated with the Website. In the event of termination, any rights or licenses granted to you will cease immediately.
1.6 Feedback
We welcome your feedback, suggestions, and comments regarding the 99testimonials Website and Services. By submitting any feedback to us, you grant us an unrestricted, irrevocable, worldwide, royalty-free license to use, disclose, and exploit the feedback in any manner, at our sole discretion, without any obligation to compensate you or credit you for such feedback.
1.7 Permitted and Prohibited Uses
You agree to use the 99testimonials Website and its Services solely for lawful purposes, and you will not use the Website in any manner that violates applicable federal, state, local, or international law or regulation. Specifically, you agree not to:
i. Use the Website in any way that could disable, overburden, or damage the Website or interfere with other users’ access to the Website.
ii. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any materials on the Website, unless explicitly authorized by 99testimonials.
iii. Use any device, software, or routine that interferes with the proper working of the Website, or attempt to decompile, disassemble, reverse engineer, or otherwise attempt to gain access to the source code of the Website.
iv. Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material that could harm, disrupt, or impair the functionality of the Website or Services.
v. Attempt to gain unauthorized access to the Website, its servers, databases, or any connected systems, or interfere with or damage the integrity or security of the Website.
vi. Engage in any denial-of-service attack, distributed denial-of-service attack, or similar activity that may disrupt or harm the Website or its Services.
vii. Circumvent or attempt to circumvent any security measures or access restrictions implemented by 99testimonials to protect the Website.
viii. Use the Website or Services for any competitive purposes or to disparage or undermine the reputation of 99testimonials or its Services.
ix. Engage in scraping or harvesting the personal data, profiles, or content of other users of the Website by any means, including automated or manual processes, without the express permission of 99testimonials.
x. Market, sell, or otherwise transfer any data or content derived from the Website to any third party for any commercial, political, or market research purposes without the prior written consent of 99testimonials.
xi. Post, upload, or share any content, material, or information that violates the intellectual property rights of others, or content that is defamatory, obscene, offensive, or otherwise harmful or illegal.
xii. Post any content to the Website that infringes upon the rights of others, including but not limited to privacy rights, copyright, trademarks, or proprietary rights.
2. Content on this Application
2.1 Ownership of Content
Unless explicitly stated otherwise, all content, materials, data, and information available on this Website, including but not limited to text, images, videos, graphics, software, designs, logos, trademarks, and other proprietary content (collectively referred to as “Content”), are owned by 99testimonials, its affiliates, or its licensors. All such Content is protected under applicable intellectual property laws, including but not limited to copyright, trademark, patent, and trade secret laws. 99testimonials and its licensors retain all rights, title, and interest in and to such Content, and no rights are granted to you except as expressly provided in these Terms of Use.
2.2 Assurance of Legality
99testimonials endeavors to ensure that all Content provided on this Website complies with applicable laws, regulations, and third-party rights. However, 99testimonials does not guarantee that all Content is free from any potential legal or rights infringement and cannot ensure absolute legal compliance in every circumstance. 99testimonials shall not be held liable for any legal issues arising from the use, access, or distribution of Content on this Website.
If you believe that any Content on this Website infringes upon your rights, including intellectual property or other legal rights, we encourage you to report such instances to us. Such reports should be submitted via the contact details provided in these Terms, and we will take appropriate action, including removal or modification of the Content, as necessary.
2.3 Intellectual Property Rights
All intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and any other proprietary rights in and to the Content on this Website, are solely owned by 99testimonials or its licensors, unless otherwise explicitly stated. Unauthorized use, reproduction, distribution, modification, or any other exploitation of the Content is strictly prohibited unless explicitly permitted under these Terms.
By using the Website, you acknowledge that 99testimonials retains full ownership of the intellectual property rights related to the Content on this Website, and you will not acquire any right, title, or interest in the Content other than the limited, non-exclusive, revocable license to use the Content as permitted by these Terms.
2.4 Permissible Use of Content
You are permitted to access and use the Content on this Website solely for the purpose of utilizing the Services provided through the Website and in accordance with these Terms. You agree not to use the Content in any manner that exceeds the intended use of the Services or violates any applicable law or rights of 99testimonials or any third party.
You are strictly prohibited from performing any of the following actions with respect to the Content, unless otherwise expressly permitted under these Terms or applicable law:
- Copying, downloading, distributing, or sharing the Content, except as necessary for the legitimate use of the Website or as explicitly permitted under these Terms.
- Modifying, translating, adapting, or transforming the Content in any way.
- Publishing, distributing, broadcasting, or transmitting the Content, in whole or in part, to any third party.
- Selling, sublicensing, transferring, or otherwise making the Content available to third parties for commercial purposes.
- Creating derivative works, including but not limited to, adaptations, enhancements, or modifications based on the Content.
2.5 Exceptions for Personal Use
Where explicitly authorized on the Website, you may download, copy, or share specific Content solely for personal, non-commercial use. In such cases, you agree to:
- Comply with all copyright, attribution, and other notices that accompany the Content.
- Use the Content solely for personal, non-commercial purposes and not for resale or distribution.
- Ensure that the Content is not used in a manner that implies any endorsement, sponsorship, or affiliation with 99testimonials or its licensors, without prior written consent.
- Refrain from using the Content in any way that violates the intellectual property rights or other rights of 99testimonials or its licensors.
2.6 Third-Party Content
This Website may include or feature content, materials, or information provided by third parties (“Third-Party Content”). 99testimonials does not control, endorse, or assume responsibility for any Third-Party Content and does not guarantee the accuracy, legality, appropriateness, or quality of such content. Any reliance on Third-Party Content is at your own risk.
The inclusion of Third-Party Content on this Website does not imply any endorsement by 99testimonials of the content or the third party providing it. You are solely responsible for reviewing the terms, conditions, and privacy policies of third-party providers before accessing or using their content.
2.7 Compliance with Copyright Law
You acknowledge and agree to comply with applicable copyright laws, including but not limited to the Digital Millennium Copyright Act (DMCA) and other local, national, or international laws governing the use of copyrighted materials. You shall refrain from any actions that violate copyright laws or infringe upon the intellectual property rights of 99testimonials or any third party.
Nothing in these Terms shall override or limit the application of statutory exceptions to copyright, such as the fair use doctrine. Any violations of these provisions may result in termination of your access to the Website, removal of infringing Content, and possible legal action by 99testimonials or its licensors.
2.8 Content Reporting
If you believe that any Content on the Website violates your rights, including intellectual property rights or any applicable law, we encourage you to report such instances promptly. All reports must be submitted via the contact details provided in these Terms and must include:
- A detailed description of the alleged violation.
- Evidence supporting the claim, including any relevant documentation or links.
- Contact information for follow-up communication.
Upon receipt of a valid and detailed report, 99testimonials will review the claim and may, at its discretion, take appropriate action, including removal or modification of the disputed Content. We reserve the right to investigate and resolve reported issues in a manner consistent with applicable law and these Terms.
3. Disclaimers and Limitations of Liability
Please read this section carefully, as it limits the liability of 99testimonials and its associated entities to you.
For the purposes of this section, the term “99testimonials entities” refers to Deepesh Jayal., its suppliers, licensors, partners, and the officers, directors, employees, agents, and representatives of each of them. The provisions set forth below apply to the fullest extent permissible under applicable law:
3.1 Disclaimer of Warranties
The 99testimonials Website, Services, information, products, product descriptions, and third-party content are provided to you on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. Without limiting the generality of the foregoing, the 99testimonials entities expressly disclaim all warranties and conditions, including but not limited to: (i) warranties of merchantability, title, accuracy, completeness, or fitness for a particular purpose; (ii) warranties of uninterrupted or error-free service; (iii) warranties of non-infringement; and (iv) any warranties arising from a course of dealing, trade usage, or performance. No warranty or representation is made regarding the availability, reliability, or performance of the Website or Services.
3.2 Disclaimers Regarding Third-Party Content and Services
The 99testimonials entities make no representations or warranties, and expressly disclaim all liability to the maximum extent permitted by law, with respect to: (i) any content posted by third parties on the 99testimonials Website; (ii) the accuracy or completeness of product descriptions or the products themselves; (iii) third-party websites or any third-party products or services linked to or accessible through the Website; (iv) any plants, seeds, or goods acquired through third-party exchanges or services; and (v) the conduct, actions, or quality of any third party you may encounter in connection with your use of the Website or Services.
3.3 Limitation of Liability
To the fullest extent permitted by applicable law, you agree that the 99testimonials entities shall not be liable to you under any legal theory, whether in contract, tort, or otherwise. Specifically, you agree that the 99testimonials entities shall not be liable for: (i) any indirect, incidental, special, consequential, punitive, or exemplary damages; (ii) any loss of profits, business interruption, reputational damage, or loss of data; (iii) any damages arising from your use or inability to use the 99testimonials Website or Services, even if the 99testimonials entities have been advised of the possibility of such damages or if such damages were foreseeable.
4. Subscription and Payment Terms
4.1 Payment Terms
4.1.1 Fees and Charges
By subscribing to or purchasing any product or service provided by 99testimonials, you agree to pay all applicable fees and charges associated with your account in accordance with the pricing and billing terms in effect at the time the fee or charge is due. 99testimonials reserves the right to modify, update, or change the pricing of its products and services at any time. Such changes will become effective immediately upon posting on the Website or Application, and your continued use of the Services constitutes your acceptance of the revised pricing terms.
4.1.2 Payment Method Authorization
By providing a payment method, you represent and warrant that you are authorized to use the designated payment method. You hereby authorize 99testimonials to charge your order (including applicable taxes, fees, and other charges) to the provided payment method. In the case of recurring payments, you authorize 99testimonials to automatically charge the same payment method for future payments, as applicable, unless you notify 99testimonials of your intent to cancel the subscription.
4.1.3 Payment Processing
Payments are processed through third-party payment processors, and 99testimonials does not collect, store, or have access to your payment information. Should any payment fail or be declined by your payment service provider, 99testimonials shall have no obligation to fulfill the order, and any costs, fees, or charges associated with the failed or declined payment will be your sole responsibility. Failure to process payments may result in the suspension or termination of access to the product or service.
4.2 Subscription Plans
4.2.1 Subscription Types
99testimonials offers subscription plans that provide ongoing access to the Product on a continuous or recurring basis. Subscription fees are billed at the commencement of each billing cycle (e.g., monthly, annually) and will continue to be billed on a recurring basis unless you cancel your subscription in accordance with the cancellation procedures outlined herein.
4.2.2 Trial Period
You may be eligible for a trial period to access the Product at no charge. The trial period is limited in duration and non-renewable. At the conclusion of the trial period, your access to the Product will automatically terminate unless you purchase a subscription to continue using the Product. You will not be charged unless you actively elect to subscribe at the end of the trial period.
4.2.3 Subscription Renewal and Cancellations
Your subscription will automatically renew at the conclusion of each billing cycle unless you cancel your subscription prior to the end of the current billing period. To cancel your subscription, you must follow the cancellation instructions provided in your account settings or contact 99testimonials directly. Cancellation will take effect at the end of the current billing period, and you will not be charged for the subsequent billing cycle.
4.2.4 Refund Policy
99testimonials offers a “No Questions Asked Refund Policy”. If you’re not satisfied with your purchase, you can request a refund within the specified period. For more details, please refer to our full refund policy, which can be found by clicking here.
4.3 Offers, Discounts, and Coupons
4.3.1 Discounts and Special Offers
99Testimonials may, at its sole discretion, offer discounts, promotions, or special offers from time to time. These offers are subject to the specific terms and conditions provided at the time of the offer, including but not limited to limitations regarding time, availability, or eligibility. Such offers or discounts are valid only for the duration specified in the offer and shall not apply to future purchases unless otherwise explicitly stated. This includes any special Lifetime Deals, which are subject to their own terms as outlined in the offer.
4.3.2 Coupon Usage
Coupons may be issued by 99Testimonials from time to time and must be redeemed within the time frame specified in the offer. Coupons cannot be combined with other discounts, promotions, or offers unless expressly stated. Coupons must be applied at the time of checkout, and any unauthorized duplication, sale, or transfer of coupons is strictly prohibited.
4.4 Taxes
4.4.1 Applicable Taxes
You agree to pay any and all applicable taxes, including sales, VAT, or other similar taxes, on the purchase price of the Product or service, where required by law. The applicable taxes will be added to the total purchase price at the time of the transaction.
4.5 Security
4.5.1 Data Security
We employ industry-standard security measures to protect the security and confidentiality of your payment information. However, despite our best efforts to safeguard your data, we cannot guarantee complete security. You acknowledge and agree that, to the fullest extent permitted by applicable law, we are not liable for any loss or damage resulting from unauthorized access to your payment information.
5. Indemnification
You agree to fully indemnify, defend, and hold harmless the 99Testimonials Entities, including their directors, officers, employees, consultants, and other representatives, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or in connection with: (a) your breach of any provision of this Agreement; (b) any allegation that materials you submit to us or transmit through the 99Testimonials Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party; (c) your activities in connection with the 99Testimonials Website or any third-party websites linked to the 99Testimonials Website; and/or (d) your negligent, reckless, or willful misconduct.
6. Amendments
We reserve the right to revise, update, and modify our fee schedule and these Terms at our sole discretion. We will notify you of any revisions or updates by posting the revised Terms on our website. Any such changes will become effective immediately upon posting, and apply to all access to and use of the Services thereafter. By continuing to use the Services following any changes, you agree to be bound by the modified fee schedule and Terms. If you do not agree to the changes, you must cease using the Services. These Terms will indicate the date of the last update. As we continue to improve the Services and introduce new features, you are encouraged to review this page regularly to stay informed of any updates, as they are binding upon you.
7. Consequences of Violating These Terms
We reserve the right to suspend or terminate your account and deny access to the Services at our sole discretion, for any reason. We also reserve the right to refuse to provide future Services to you. 99Testimonials may review and remove any content you submit at any time, for any reason, including if it is deemed, in our sole judgment, to violate these Terms, applicable laws, rules, or regulations, or if it is deemed abusive, disruptive, offensive, illegal, or harmful to other users of the Service. You are responsible for any claims, fees, fines, penalties, or other liabilities incurred by us or any third party arising out of your breach of these Terms or your use of the Services.
8. Miscellaneous
You may not assign any of your rights under these Terms, and any such attempted assignment shall be void. 99Testimonials may assign its rights under these Terms to any of its affiliates, subsidiaries, or any successor in interest to any business associated with the Services. The relationship between you and 99Testimonials is that of independent contractors, and nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between the parties.
9. Changes to these Terms
We may modify or amend these Terms by posting a revised version on the 99Testimonials website or by providing notice to you by other means. Any changes will be effective immediately upon posting, and the updated Terms will include the date of the last revision. By continuing to use the Services after any such changes, you agree to the revised Terms.
10. Acceptance of these Terms
By accessing or using the 99Testimonials Website or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and all of its terms and conditions. If you do not agree to abide by these terms, you are not authorized to use or access the Website or its Services.
11. Contacting Us
If you have any questions regarding this Agreement, please contact us at: info@99testimonials.com.