Terms of use
There is a separate license agreement for Personal plan of CAT and for Business/Enterprise plan of CAT.
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On this page you find license agreement text for both Personal and Business / Enterprise plans.
Terms of use for CAT Personal plan
When you install and use CAT (e.g., from PowerShell gallery), you agree to these terms of use.
CAT SOFTWARE LICENSE TERMS AND CONDITIONS
âAuthorâ shall mean a company Data Tools s.r.o., having its registered office at V PĹĂstavu 1585/10, 170 00 Prague 7, Czech Republic, ID No. 19386788, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 385814/MSPH;
âCAT softwareâ shall mean a software product developed by the Author, an author's work, designed for data testing, whose features include speed, ease of test generation, ease of use and flexibility in data formats and sources designed for testing;
âLicenseâ shall mean terms and conditions for use of the CAT software as specified below;
âYouâ shall mean an individual or a legal entity who downloads an appropriate version of the CAT software available at available distribution sources, such as PowerShell gallery, WinGet, Microsoft store, Authorâs website and others.
(i) The Author hereby grants You an authorization to exercise the right to use the CAT software â Personal plan - free of charge. You are entitled to use the functionalities of the CAT software in interactive mode only, for your own needs only and in line with the purpose thereof, i.e. to test data on your server. Interactive mode shall mean that appropriate operation of CAT software is started manually by your own action. This authorization does not apply on CAT software â Business plan and Enterpise plan which are subject to specific terms and conditions of use.
(ii) The CAT software is provided âas isâ, without warranty of any kind, expressed or implied, including but not limited to any warranties of title, non-infringement, merchantability or fitness for a particular purpose. In no event shall be the Author liable for any claim, damages or other liability arising out from or in connection with the CAT software and its use.
(iii) Without a prior written consent of the Author, You are not authorized to assign, convey, lend, allow to be used or otherwise provide on a temporary or permanent basis an authorization comprising the License or the License to third parties or to make the CAT software available to the general public. The License does not include provision of source codes for the CAT Software. You are not authorized to carry out any activities leading to uncovering the ideas and principles behind the functioning of the CAT software in order to design an identically or similarly functioning software (the reverse engineering).
(iv) Specific and more comprehensive works using the CAT software may be accessible under different terms upon registration and ordering.
(v) By downloading the CAT software from any distribution source or Authorâs website You declare your understanding and acceptance of these terms and conditions of CAT software License.
(vi) By downloading the CAT software, You acknowledge that the Author may use data related to operation of CAT software on your server for analytic and statistic purposes.
Prague, October 14th 2024
Data Tools s.r.o.
Terms of use for CAT Business and Enterprise plans
When you use CAT Business or Enterprise plan, you agree with these terms of use:
CAT Software License Terms and Conditions of Use
(Business and Enterprise Plan)
I.
These CAT Software License Terms and Conditions of Use (the "Terms and Conditions") regulate the mutual legal relationships between
Data Tools s.r.o., Company ID: 19386788, with its registered office at V PĹĂstavu 1585/10, 170 00 Prague 7, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Entry 385814/MSPH
("DT")
and a natural or legal person interested in using the CAT software specified below.
(the "User")
DT is the person exclusively entitled to exercise the proprietary rights in the CAT software. The CAT software means a software product, a work of authorship, for data testing, characterised by speed, ease of test creation, ease of use, and flexibility in terms of the formats and the data sources to be tested.
(the "CAT Software")
II.
2.1 The Personal plan of the CAT Software is available for free download from the respective websites or other distribution channels in the Internet environment upon acceptance of the basic licence terms of use of the CAT Software, which are also available here: https://docs.justcat.it/docs/license.
(the âPersonal planâ).
Compared to the Personal plan, the Business plan and the Enterprise plan of the CAT Software include an extension of functionality for use in autonomous mode (under conditions described in this document), with a higher limit of concurrently running tests during a single run and possibility to execute more tests in a single run on the User's server. For the limitations of each plan and for comparison between them, see here: https://docs.justcat.it/docs/compare-plans.
(the âBusiness planâ and the âEnterprise planâ)
Compared to the Personal plan, the Business plan and the Enterprise plan of the CAT Software allow use in autonomous mode on the User's server and have higher limit on the number of concurrently running tests during a single run of the CAT Software.
In order to use the Business or Enterprise plan of the CAT Software, the User must register in accordance with these Terms and Conditions at https://www.justcat.it, complete an order form and pay the agreed price. Upon complete registration and payment, the User will be provided with a unique license key enabling access to the Business or Enterprise plan of the CAT Software.
The User may select whether to use the Business plan or Enterprise plan of the CAT Software.
2.2 Upon registration of the User and/or placing the order and upon its confirmation, a contractual obligation between DT and the User is established. These Terms and Conditions form an integral part of this contractual obligation and the Parties, i.e. DT and the User, undertake to comply with them. The subject-matter of the legal relationship in question is DT's obligation to grant the User a License to use the CAT Software under the terms and conditions specified below and the User's obligation to use the CAT Software in accordance with these Terms and Conditions and to pay DT the agreed price for doing so.
III.
3.1 These Terms and Conditions have been made in the English language and are available at https://docs.justcat.it/docs/license, where each User may examine them. By submitting an order form, which includes a completed questionnaire, each User agrees to these Terms and Conditions and confirms that he/she has read DTâs Data Processing Policy. The contractual relationship between DT and the User is established by the confirmation of and User´s order e-mailed by DT to the User's e-mail address and is governed by the details provided in the registration/order form, these Terms and Conditions and the generally binding laws and regulations of the Czech Republic, in particular Act No. 89/2021 Coll., Civil Code, as amended, excluding conflict of laws rules of international private law.
3.2 The User agrees to the use of remote means of communication when entering into a contractual relationship with DT. The costs incurred by the User in using remote means of communication in connection with the conclusion of the contractual relationship and subsequently in connection with its implementation (e.g. costs of Internet connection) shall be borne by the User. The cost of the remote means of communication shall not differ from the basic rate (in the case of Internet connection, according to the terms and conditions of the User's operator). DT does not charge any additional fees for remote means of communication.
3.3 The User is not entitled to create a false identity or misrepresent his/her identity in connection with the registration, to register for any person other than himself/herself, to use or attempt to use another User's registration, to harass, bully, intimidate or harm another User or a third party in any way.
IV.
4.1 DT hereby authorises the User to exercise the right to use the CAT Software, subject to the terms and conditions set out herein. The User is entitled to use the functionalities of the CAT Software only for its own use in accordance with its purpose, i.e. for testing data on the User's server.
(hereinafter referred to as the "License")
4.2 The license is hereby agreed as non-exclusive, global, limited in time for the period specified by the User in the order form and limited in quantity for use on the number of instances running in autonomous mode in parallel as specified in the order form, or manually launched (non-autonomous) mode on the User's server.
DT is entitled to grant a license to use the CAT Software to the same extent to third parties and DT is also entitled to use the software itself without any limitation. For the purposes of these Terms and Conditions, the User's server shall also be deemed to include any instance running in parallel managed by a third party (such as a Microsoft hosted Azure DevOps agent, GitHub Actions hosted runners, etc.). For the purposes of these Terms and Conditions, autonomous mode shall mean any run of the CAT Software that has not been manually launched by the User (e.g., Task Scheduler, DevOps pipeline, etc.). For the purposes of these Terms and Conditions, non-autonomous mode shall mean any run of the CAT Software that has been manually launched by the User.
4.3 The License shall include the upgrade of the CAT Software to more recent versions, if any are released by DT during the term of the contractual relationship between DT and the User under these Terms and Conditions.
4.4 The User shall not, without the prior written consent of DT, assign, transfer, lend, loan, allow the use of, or otherwise grant, on a temporary or permanent basis, any authorisation forming a part of the License or the License to any third party, or make the CAT Software or credentials thereto available to the public. Furthermore, the User shall not be entitled to interfere with the CAT Software other than through user settings permitted by the CAT Software documentation/instruction for use. The documentation is available at https://docs.justcat.it.
4.5 The User is entitled to create only the necessary number of copies of the CAT software, exclusively for the purpose of its installation on the User's server. The User is obliged to secure these copies, as well as the license key, against loss, theft, misuse by third parties, in accordance with the use of the expertise required for such handling of the copies and the license key. DT shall not be liable in any way for the loss, theft or misuse of the copies and/or registration key in question by third parties.
4.6 The License does not include the provision of the source code for the CAT Software. The User is not entitled to carry out any activities aimed at revealing the ideas and principles of operation of the CAT Software in order to create the same or similarly functioning software (the âreverse engineeringâ).
4.7 The price for the provision of the Licence for the use of the Business plan of the CAT Software pursuant to Clause 4.2 of these Terms and Conditions has been agreed between the Parties in the amount set out in the Order Form.
4.8 The price for the provision of the Licence for the use of the Enterprise plan of the CAT Software pursuant to Clause 4.2 of these Terms and Conditions has been agreed between the Parties in the amount set out in the Order Form.
4.9 The User shall pay the price by wire transfer to DT's bank account or by a credit card according to the instructions on the Order Form. The User's obligation to pay the fee in a proper and due manner is discharged by crediting the relevant amount to the DTâs bank account. The CAT Software shall become available for use upon payment of the agreed price.
4.10 DT shall deliver a tax document â invoice to the User in connection with the payment of the price.
V.
5.1 The Business plan of the CAT Software is provided to the User as is, without warranties or guarantees of any kind. To the fullest extent permissible, DT excludes its liability for defects in the CAT Software, compatibility with the User's existing software, fitness for use in the User's circumstances, etc. This shall be without prejudice to the statutory provisions on liability for defects, which cannot be derogated from by agreement of the parties.
5.1 DT is responsible for ensuring that the Enterprise plan of the CAT Software has the features described in the User's instructions for use on the date of its installation on the User's server. The absence of a functional feature that is not expressly stated in the Software Documentation shall not be considered a defect.
5.2 The User is obliged to provide a notice of a defect of the Enterprise plan of the CAT Software to the Licensor without undue delay after it could have discovered the same exerting ordinary care. The Licensor is obliged to remove the software defect of which a proper notice has been given to it by the User within a period of time appropriate to the nature of the defect.
5.3 To the maximum extent permissible, DT excludes liability for any harm caused to the User by defects in the Enterprise plan of the CAT Software, in particular, DT's liability for direct and indirect damages, including lost profits, contractual penalties claimed by third parties against the User, fines or other penalties imposed by public authorities is excluded. This shall be without prejudice to the liability for damage caused to a person's natural rights or caused intentionally or through gross negligence.
VI.
Furthermore, the DTâs privacy policy rules published at https://docs.justcat.it/docs/privacy-policy, where each User can examine them, are an integral part of the contractual relationship between the User and DT.
VII.
Final provisions
7.1 The User is entitled to contact DT at hello@datasmartly.com for the purposes of handling any complaints. DT will send information about the handling of the User's complaint to the User's electronic address. The Czech Trade Inspection Authority (Central Inspectorate - ADR Department, Ĺ tÄpĂĄnskĂĄ 15, 120 00 Prague 2, e-mail: adr@coi.cz, website: adr.coi.cz) is the body for out-of-court settlement of consumer disputes arising between DT and the User who is a consumer in connection with the contractual relationship.
7.2 All communications between the parties subject to these Terms and Conditions shall be electronic. DT's contact e-mail address is hello@datasmartly.com.
7.3 DT is entitled to amend these Terms and Conditions. DT shall notify the Users of any amendments to the Terms and Conditions by an e-mail message sent to the Users in such a manner that each User is notified at least 30 days before the amendments to the Terms and Conditions become effective.
7.4 The Users are entitled to refuse any amendment to these Terms and Conditions by sending their disagreement to DT's contact e-mail address immediately along with a request to cancel their registration/order. Upon cancellation of registration/order the legal relationship between DT and the User ceases to exist. In the event of cancellation of an order, the User shall be entitled to a pro rata refund of the price for the provision of the License for the purpose of using the Business or Enterprise plan of the CAT Software.
7.5 These Terms and Conditions shall enter into force and effect upon publication.
Prague, October 14th 2024
Data Tools s.r.o.