Last Modified: June 5, 2024 These terms of use are entered into by and between you, the individual user of the Website (defined below), customer of the Company, or exam taker (“you” or “your”) and the American Software Testing Qualifications Board, Inc. (“ASTQB,” “Company,” “we,” or “us”). The following terms and conditions, our Privacy Policy, and Cookie Policy are expressly incorporated herein by reference (collectively, the “Terms of Use”), and govern your access to and use of www.astqb.org (the “Website”) and your business dealings with the Company, whether through accessing the Website as a guest, a registered user, or otherwise interacting with us as a current or prospective customer of the Company, and include exam services requirements for ASTQB if you are an exam taker. Acceptance of these Terms of Use Please carefully read and review these Terms of Use before you start to use the Website, register for an exam, or become a customer of Company. By using the Website, registering to take an exam, or using any other services offered by Company, you hereby accept and agree to be bound and to abide by these Terms of Use. If you do not wish to agree and be bound by these Terms of Use, the Privacy Policy, and the Cookie Policy, you must not access or use the Website or any services provide by Company. This Website and our services are available to users who are at least 16 years of age or older. By using this Website or the services, you represent and warrant that you are of legal age to form a binding contract with ASTQB and meet all of the eligibility requirements specified herein. Changes to these Terms of Use ASTQB reserves the right to revise and update these Terms of Use from time-to-time in our sole discretion. All changes made to these Terms of Use shall become effective immediately upon their posting and shall apply to all access and use of the Website and services thereafter. In the event that we make changes to the dispute resolution provision set forth in the Governing Law portion of these Terms of Use, such changes will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of the Website or any services offered by Company after the posting of our revised Terms of Use shall constitute your acceptance and agreement to the changes. You acknowledge and agree that it is your responsibility to routinely check this page so you can become aware of any changes, as they are binding upon you. Access and Use of the Website and Exam Requirements ASTQB shall have the right to amend this Website and any service, material, or function that we provide on the Website or through our business, in our sole discretion and without notice. Under no circumstances will ASTQB be liable if any part of, or the entire Website or any services becomes unavailable at any time or for any period. Circumstances may require us, from time-to-time, to restrict access to some parts of the Website, or the entire Website, to users. At all times, you are exclusively responsible for: (1) making all arrangements necessary for you to have access to the Website and services, and (2) ensuring all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. As a prerequisite to accessing some of the resources our Website offers or in relation to receiving our services, you will be asked to provide certain information. It is a condition of your use of the Website and any service offered by company that all information you provide to ASTQB is correct, current, and complete. You further agree that all information you provide to this Website or otherwise, including, without limitation, through the use of any services or interactive features on the Website, is governed by our Privacy Policy and you consent to all action that we take with respect to your information that is consistent with our Privacy Policy. If you register for an account on our Website, which includes a user name and password, you must treat this information as confidential and you are prohibited from disclosing it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide it to any other person with access to this Website or portions of it using your user name, password, or other security information. You further agree that you will immediately notify us of any unauthorized access to or use of your user name or password or any other breach of security. To combat against unauthorized use of your login credentials, you agree to exit from your account at the end of each browsing session. Please use particular caution when accessing your account from a public or shared computer so that others are not able to view or otherwise copy down your password or other personal information. We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, if, in our opinion, you have violated any provision of these Terms of Use. Intellectual Property The Website, the contents thereof, its features and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by ASTQB, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website only for your personal, non-commercial use. You are expressly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing or transmitting any of the material on our Website, except that you may: (1) temporarily store copies of such materials on your computer in RAM or that otherwise may be technically required that is incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display purposes; (3) you may print or download one copy of a reasonable number of pages of the Website or materials available for download, for your own personal, non-commercial use and not for any further reproduction, publication or distribution; (4) in the event we provide social media functions on our Website, you may take any such actions as we have enabled by implementing those features; and (5) you may print or download any receipt or other materials that we provide you in connection with any examination or other services sold through our Website. Under no circumstances are you permitted to engage in any of the following activities: (1) modification of any copies of any materials from the site, (2) use of any photographs, illustrations, videos, or audio sequences, or any graphics separately from the accompanying text, or (3) the deletion or alteration of any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. In the event that you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will immediately cease and you must, at our sole option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content of the Website is transferred to you under any circumstances, and all rights not expressly granted are reserved by ASTQB. Any use of the Website that is not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also violate copyright, trademark, and other laws. Trademarks ASTQB name, ASTQB’s logo and all related names, logos, product and service names, designs and slogans are the trademarks of ASTQB or its affiliates or licensors. You shall not use such marks without the prior written consent of ASTQB. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. Prohibited Conduct You are only permitted to use the Website for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (1) in any manner that violates any applicable federal, state, local or international law or regulation; (2) to send, knowingly receive, upload, document, use or re-use any material that does not comply with these Terms of Use; (3) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (4) to impersonate or attempt to impersonate ASTQB, an ASTQB employee, another user, or any other person or entity; (5) to transmit, or procure the sending of, any advertisement or promotional material, without our prior written consent, including any junk mail, chain letter, spam, or any other similar solicitation; and (6) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm ASTQB or users of the Website, or expose them to liability. In addition, you expressly agree that you will not: (7) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website, (8) use any robot, spider, script, program, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (9) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (10) use any device, software, script or routine that interferes with the proper working of the Website; (11) engage in any hacking, reverse engineering, or any other effort whatsoever to gain access to unauthorized portions of the Website, services, or any content related to either of the foregoing; (12) introduce any viruses, Trojan horses, worms, logic bombs, script, or other material that is malicious or technologically harmful; (13) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (14) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (15) otherwise attempt to interference with the proper working of the Website. If you choose to contact ASTQB or in connection with your use of Website, services, or interactions, you expressly agree that you will not engage in any abusive conduct, including without limitation, threatening, harassing, or otherwise abusing any employees, agents, or representatives of ASTQB, whether communicated over the phone, electronically, or through in-person communications. You further acknowledge and agree a breach of the foregoing is a material breach of your agreement with ASTQB and grounds for immediate termination of your access to the Website and any services offered by ASTQB and its affiliates, for cause. Exam Services – Identification and Use of Cameras for Online Exams By taking any exam through us, you agree to provide ASTQB with identification upon request, whether before or after your exam, to prove your identity. Failure to provide acceptable identification will result in your disqualification for the exam, and any applicable rescheduling fees will be your responsibility. By taking an online exam through ASTQB, you agree to be photographed and recorded (audio and video) during your exam. As a condition of taking an online exam, you agree that where our testing partner, ATSQA requires, in accordance with ISTQB regulations, your use of multiple cameras while taking an exam that you will use and position the cameras as requested by ASTQB to ensure the integrity of the exam taking process in compliance with all applicable rules and testing policies. In connection with taking an online exam, you hereby agree and consent to our collection, recording, storage, and use of audio and video from the cameras that you are required to utilize while taking any such exam, which will only be viewed by ASTQB if necessary to make a determination on disqualification on an exam or in conjunction with any appeal by you of a disqualification decision. Suspension or withdrawal of any certification may also occur in accordance with these Terms of Use as detailed below. If you have any questions about the use of any cameras in connection with an online exam, please contact ISTQB. We may choose to request identification after your exam to prove your identity by comparing the photograph of the person taking the exam to your identification. If you are unable to provide acceptable proof of identity after an exam has been taken, your certification will be invalidated, and there will be no refund of any fees or costs that you have incurred. Release of Exam Results Our exam provider, AT*SQA, will provide the score (pass or fail and percent correct) to an exam taker at the conclusion of the exam. This will be done through an official email notification from the system. The results are sent only to the test taker. The exam scores by topic are available for some exams in the exam taker’s AT*SQA account. Neither AT*SQA nor ASTQB is able to disclose any further information about the exam or their results. AT*SQA and ASTQB consider the certification to be specific to an individual, so by default, they do not honor requests from supervisors or companies, but instead, let them know they must contact the exam taker to request the results. This is true regardless of who paid for the exam. An exam taker may provide permission for AT*SQA and ASTQB to share pass/fail information with others by updating their preferences in the exam taker’s AT*SQA account or by providing written permission to AT*SQA via email. Confidentiality Requirements and Agreement When you take an exam from ASTQB through any of its agents or systems, you agree that you will not release confidential examination materials or participate in fraudulent test-taking practices. Code of Ethics Requirements and Agreement As a condition of being certified by ASTQB you further agree to follow the ASTQB Code of Ethics as an ongoing requirement of your certification. Suspension or Withdrawl of Certification If you are found to be in violation of the rules ASTQB has set in place for exam testing (before, during, or after the exam) or any other rules or conditions in the ASTQB Code of Ethics, your exam and certification may be suspended or withdrawn (made void) by decision of ASTQB. Failure to resolve the issues that have resulted in the suspension, in a time established by ASTQB, shall result in withdrawal of the certification. In the event of a suspension of the certification, you shall refrain from further promotion of the certification while it is suspended. In the event of a voiding or withdrawal of the certification, you shall refrain from use of all references to a certified status. Suspension or Voiding of Exam If an exam is suspended or voided for any violation, there will be no refunds or retests granted. Fulfillment of Certification Requirements When you are certified by ASTQB, you agree to inform ASTQB, without delay, of matters that can affect your capability to continue to fulfill the certification requirements. Reliance on Information Posted to the Website Information contained on the Website is made available solely for general informational purposes. ASTQB does not warrant the accuracy, completeness, or usefulness of this information. You hereby acknowledge and agree that any reliance you place upon such information is strictly at your own risk. ASTQB expressly disclaims all liability and responsibility arising from any reliance you place on such materials by you or any other visitor to the Website, or by anyone who may be informed of its contents. This Website includes content provided by third parties, including materials provided by other third-party licensors, syndicators, and aggregators. All statements and opinions expressed in such third party materials, and all articles to questions and other content, other than the content provided by ASTQB, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ASTQB. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Changes to Content on the Website ASTQB reserves the right to update the content of the Website, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Information about You and Your Visits to the Website All information we collect on the Website is subject to our Privacy Policy. By using this Website, you hereby consent to all actions that we take in respect to your information, which are in compliance with our Privacy Policy. Fulfillment Policy Exam vouchers purchased on the Website are added to your ASTQB account immediately upon purchase. The vouchers are good for one year, so you may schedule/reschedule your exam anytime during that period. Refunds/exchanges are available, but only available within 1 month of purchasing an exam. There is no penalty for exchanging a voucher. If you are requesting a full refund, there will be a $10 USD charge for processing fees. No refunds are available after 1 month of purchase. Third Party Hyperlinks from the Website Our Website contains links to other websites and resources provided by third parties. These third party links are provided for your convenience only. We have no control over the contents of any third party websites or resources, and disclaim all responsibility for such third party website, including for any loss or damages that may arise from your use of them. If you decide to access any of the third-party websites hyperlinked from the Website, you are doing so entirely at your own risk and subject to the terms and conditions of use for such websites. Linking to the Website You may include a hyperlink to our Website’s homepage on your website, provided you do so in a manner that is fair and legal and does not damage our reputation or take advantage of it, but you must not create any such hyperlink in any way to suggest in any form an association, approval, or an endorsement on the part of ASTQB without our prior express written consent. You agree to cooperate with use in causing any unauthorized framing or hyperlinking to immediately cease. We reserve the right to withdraw our permission to allow you to hyperlink to our Website at any time and without notice. Disclaimer of Warranties You hereby acknowledge and agree that ASTQB does not guarantee or warrant that files available for download from the Website or on the internet will be free of viruses or other destructive or malicious code. You acknowledge that you are alone responsible for the implementation of procedures and other measures to satisfy your particular requirements for anti-virus protection and the accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. ASTQB WILL NOT BE LIABLE, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, MALWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTING DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ANY SITE THAT IS HYPERLINKED TO THE WEBSITE. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR FROM ASTQB IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ASTQB ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NEITHER ASTQB NOR ANY PERSON ASSOCIATED WITH ASTQB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, OR ANY SERVICES, WITHOUT LIMITATION THE FOREGOING, NEITHER ASTQB NOR ANYONE ASSOCIATED WITH ASTQB REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR FROM ASTQB WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ASTQB WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASTQB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE OR ANY SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. Limitation on Liability TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL ASTQB, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SERVICES AVAILABLE THEREON, WEBSITES LINKED TO IT, ANY SERVICES FROM ASTQB, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. AS IT PERTAINS TO ANY PRODUCTS OR SERVICES PURCHASED FROM US, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL ASTQB’S TOTAL COLLECTIVE LIABILITY TO ANY PARTY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO ASTQB FOR THE APPLICABLE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Indemnification You hereby agree to fully defend, indemnify, and hold harmless ASTQB, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, members, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees and court costs) arising out of or relation to your use of the Website or any services offered by ASTQB, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. Governing Law and Jurisdiction The Website, Terms of Use, Privacy Policy, Cookie Policy, and any services provided by ASTQB shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision of any other jurisdiction. For any legal cause of action, proceeding, or lawsuit arising out of, in relation to, or in connection with these Terms of Use, the Website, Privacy Policy, or Cookie Policy the exclusive jurisdiction for such proceedings shall be in the state and federal courts in and for Tampa, Florida USA, except that at ASTQB’s sole discretion, ASTQB may require you to submit any dispute arising from the Website, Terms of Use, Privacy Policy, or Cookie Policy to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association applying Florida law. Entire Agreement The Terms of Use, Privacy Policy, and Cookie Policy constitute the sole and entire agreement between you and ASTQB regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Waiver There shall be no waiver by ASTQB of any term or condition set out in these Terms of Use unless such waiver is in a writing signed by ASTQB and no such waiver shall be deemed as a further or continuing waiver of such term or condition. Severability In the event that any provision of these Terms of Use are determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent permitted by the law to enable the remaining provisions of the Terms of Use to continue in full force and effect. Contact Us This Website is operated by the American Software Testing Qualifications Board, Inc. (ASTQB), 701 S. Howard Ave., Suite 106362, Tampa, Florida 33606. All feedback, comments, requests for technical support and other communications related to the Website should be directed to us at the following webpage: https://astqb.org/about/contact-us/
