Terms of Service
Read and accept the Terms of Service for clickspersecond.com. By accessing our site, you agree to abide by these terms.
Last Updated: 7 Apr 2024
Welcome to clickspersecond.com. Our Terms of Service (ToS) are designed to outline the rules and guidelines under which we offer our website, content, products, and services (collectively, the "Services").
These terms form a legally binding agreement between you, the user, and clickspersecond.com, governing your access to and use of our Services. Accepting these terms is a prerequisite for using our Services.
By accessing or engaging with our website and its various tools and features, you acknowledge that you have read, understood, and agree to be bound by these ToS. If you do not agree with any part of these terms, it is essential that you do not use our Services.
We encourage you to review this agreement carefully before proceeding, as it affects your legal rights and obligations.
Acceptance of Terms
Agreement to Terms:
By accessing or using the services provided by clickspersecond.com, you confirm your acceptance of these Terms of Service (ToS) and agree to comply with them.
Your use of our website and its associated tools and services signifies a binding contract between you and clickspersecond.com, under which you consent to adhere to the terms and conditions outlined herein.
This agreement encompasses all aspects of our Services, including but not limited to, the CPS Test, Typing Test, Spacebar Test, Mouse Scroll Test, Kohi Click Test, Jitter Click Test, Word Typer Test and content we offer.
Advice to Read Carefully:
We strongly advise taking the time to read these Terms of Service thoroughly and carefully. Understanding your rights and responsibilities is crucial as these terms govern your use of clickspersecond.com and its services.
If you find any of the provisions unclear or you have questions regarding your obligations or rights under these terms, we encourage you to reach out to us for clarification before continuing with the use of our Services.
Your continued use of our website and services after any updates or changes to these terms constitutes your agreement to those changes. This underscores the importance of regularly reviewing the ToS to ensure you are up to date with any modifications that may affect your rights or obligations.
Modification of Terms
Right to Modify:
Clickspersecond.com reserves the unrestricted right to update, change, or modify these Terms of Service at any time. Such modifications may reflect changes in the law, new regulatory requirements, improvements, or enhancements to our Services, or other factors that necessitate adjustments to these terms.
Our commitment to providing a flexible and up-to-date platform for our users drives our need to make these changes.
Notification of Changes:
We understand the importance of keeping our users informed about any changes to our Terms of Service. As such, whenever we modify these terms, we will take appropriate steps to notify you.
This may include posting a notice of changes on our website, sending an email to the address associated with your account, or employing other communication channels we deem effective for ensuring you are informed of the updates.
We encourage you to periodically review the Terms of Service for any changes. Your continued use of our Services after any modifications to the Terms of Service will constitute your acknowledgment of the changes and your consent to abide and be bound by the updated terms.
Description of Service
Service Overview:
Clickspersecond.com offers a wide range of digital tools and services designed to enhance your proficiency with various computer-based tasks.
Our offerings include, but are not limited to, the Clicks Per Second Test, Typing Test, Spacebar Test, Mouse Scroll Test, Kohi Click Test, Jitter Click Test, and Word Typer Test.
These tools aim to help users improve their clicking speed, typing accuracy, and overall efficiency in interacting with computers, providing both a fun and educational experience.
Access Conditions:
Our services are available to users of all ages; however, access to certain tools or areas of the website may be restricted based on age or other conditions.
For example, users under the age of 13 may need parental or guardian consent to use our services, in compliance with online safety and privacy laws.
We are committed to ensuring the safety and privacy of all our users, especially younger audiences, and adhere strictly to legal age restrictions and guidelines.
User Accounts and Responsibilities
Account Requirements:
To access certain features, tools, or services on clickspersecond.com, you may be required to create an account.
The account creation process involves providing some basic personal information, which may include but is not limited to, your name, email address, and a password of your choosing. This information helps us secure your account and provide a personalized experience. Upon submitting the required information, you may need to verify your email address to activate your account.
We are committed to protecting your privacy and ensuring the security of your personal information in accordance with our privacy policy.
User Responsibilities:
As an account holder, you bear full responsibility for maintaining the confidentiality of your account information, including your password. It is crucial to ensure that this information is kept secure to prevent unauthorized access to your account.
You are also responsible for all activities that occur under your account, whether conducted by you or someone else who has access to your account information.
Should you suspect that your account's security has been compromised, or if the unauthorized use of your account occurs, it is your responsibility to notify us immediately at [email protected].
While we take strong measures to ensure the security of your account and personal information, clickspersecond.com cannot be held liable for any loss or damage arising from your failure to comply with these security obligations.
Furthermore, you agree to provide accurate, current, and complete information during the registration process and to update your information as necessary to keep it accurate, current, and complete. Failure to do so may result in the suspension or termination of your account.
User Conduct and Use of Services
Permitted Uses:
At clickspersecond.com, we encourage the use of our services for personal improvement, entertainment, and educational purposes.
Users are welcome to engage with all the tools and content provided, such as the Clicks Per Second Test, Typing Test, and other interactive features, in a manner that is respectful of other users and the website's intended use.
Sharing your progress, participating in challenges, and utilizing our resources for personal skill development are all considered acceptable uses of our services.
Prohibited Activities:
To ensure a positive and lawful environment for all users, we strictly prohibit certain activities on our website.
These include, but are not limited to:
- Unauthorized Access: Attempting to access or access any area of the website, any other user's account, or any information not intended for public view without explicit permission.
- Illegal Activities: Using the website or its services for any illegal purposes or in violation of any local, state, national, or international laws or regulations.
- Disruption of Services: Engaging in activities that interfere with or disrupt the website's servers, networks, or other infrastructure, including spreading viruses or other harmful code.
- Infringement of Rights: Copying, distributing, or disclosing any part of the service in any medium, including without limitation by any automated or non-automated "scraping", without explicit permission from clickspersecond.com.
- Harassment or Abuse: Harassing, bullying, or abusing any other user, posting obscene, threatening, or inflammatory content, or promoting violence or hatred against any individual or group.
- Fraudulent Behavior: Engaging in fraudulent or deceptive practices, impersonating another person, or misrepresenting your affiliation with a person or entity.
Violation of these rules may result in immediate termination of your access to the website, and may also subject you to civil and criminal penalties.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation, reporting you to law enforcement authorities.
Content Ownership and Copyright
Intellectual Property Rights:
All content featured or displayed on clickspersecond.com, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, software, and other materials (Content), is owned by clickspersecond.com, its licensors, or its content providers. This Content is protected by copyright, and other intellectual property rights and laws.
By accessing our website, you acknowledge that all Content is the property of clickspersecond.com or its licensors and agree to respect these intellectual property rights.
Unauthorized use, reproduction, or distribution of any Content may result in civil and criminal penalties.
User-Generated Content:
Clickspersecond.com may offer users the ability to create, post, or share their own content, such as comments, reviews, or other personal contributions (User-Generated Content).
By submitting or creating User-Generated Content on our website, you grant clickspersecond.com a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content worldwide in any media.
You represent and warrant that you own or otherwise control all the rights to the User-Generated Content that you post; that the content is accurate; that the use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify clickspersecond.com or its affiliates for all claims resulting from content you supply.
Clickspersecond.com reserves the right, but not the obligation, to monitor and edit or remove any activity or User-Generated Content.
Clickspersecond.com takes no responsibility and assumes no liability for any content posted by you or any third party.
We encourage creativity and sharing among our community, but it's essential to respect the intellectual property rights of others. Ensure you have the right to use and share any content that is not your own before posting it on our platform.
Termination of Use
Conditions for Termination:
Use of the services provided by clickspersecond.com can be terminated by either the user or clickspersecond.com under certain conditions.
For the user, termination can occur voluntarily by simply discontinuing the use of the services or by actively deleting their account where such an option is available.
Clickspersecond.com reserves the right to terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, especially in cases of violation of the Terms of Service, including, but not limited to, breaches in user conduct or unauthorized use of the website's content.
Effects of Termination:
Upon termination, all rights granted to you under these Terms of Service will immediately cease, and you must immediately cease all activities authorized by these Terms, including your use of the services.
Additionally, you must destroy any copies of content that you have made in accordance with these Terms. Termination may also result in the permanent deletion of your account, any content associated with your account, and all information and data associated with your use of the website.
Clickspersecond.com is not responsible for any loss or harm related to the inability to access or delete any content or information post-termination.
Certain provisions of the Terms of Service that by their nature should survive termination shall remain in effect post-termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimers and Limitations of Liability
No Warranties:
The services, tools, and content provided on clickspersecond.com are offered on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Clickspersecond.com makes no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranties regarding the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the services.
Limitation of Liability:
To the maximum extent permitted by applicable law, clickspersecond.com, its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from, (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not clickspersecond.com has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
Clickspersecond.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the clickspersecond.com service or any hyperlinked website or service, and clickspersecond.com will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
The foregoing disclaimers and limitations of liability are fundamental elements of the basis of the bargain between clickspersecond.com and you. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Indemnification
User's Indemnification Obligation:
You agree to defend, indemnify, and hold harmless clickspersecond.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the website, including, but not limited to, your User Content, any use of the website's content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the website.
This indemnification obligation includes, without limitation, any liabilities arising from:
- Any injury to person or property caused by any products you provide or otherwise distribute, any material that you submit to or transmit through the website, or otherwise arising out of your use of the website;
- Any improper, unauthorized, or illegal uses of your account, including by someone to whom you have given permission to use your account or who has obtained access as a result of your failure to properly protect your login information;
- Your violation of any rights of another, including but not limited to intellectual property rights or privacy rights;
- Your violation of any applicable laws, rules, or regulations.
- This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Governing Law and Dispute Resolution
Applicable Law:
These Terms of Service and any disputes arising out of or related to the use of clickspersecond.com services shall be governed by and construed in accordance with the laws of the jurisdiction in which clickspersecond.com is established, without regard to its conflict of law provisions.
By using the website, you agree that the laws of this jurisdiction will govern any matter or dispute having any relation to clickspersecond.com's services.
Dispute Resolution:
In the event of any dispute, claim, question, or disagreement arising from or related to these Terms of Service or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement.
To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
If they do not reach such a solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the "Indian Council of Arbitration" in accordance with the provisions of its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures.
- Location of Arbitration: The arbitration shall take place in the jurisdiction where clickspersecond.com is established (Nagpur, Maharashtra, India), and the language of the arbitration shall be English.
- Arbitrator's Decision: The arbitrator's decision shall be final and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
- Fees: The costs of arbitration, including administrative fees, the arbitrator's fees, and all other fees and costs, shall be shared equally by the parties unless the arbitrator decides that the fees should be allocated differently based on the circumstances of the dispute.
- Alternative Dispute Resolution: Prior to seeking arbitration, the party intending to pursue arbitration must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief sought. Upon receipt of the Notice, the parties shall attempt to resolve the dispute through informal negotiation within 45 days from the date the Notice is sent. If the parties are unable to resolve the dispute through informal negotiation, then either party may elect to proceed with arbitration.
By agreeing to these Terms of Service, you are waiving your right to a trial by jury or to participate in a class action. Disputes will be resolved through arbitration or small claims court, subject to these Terms of Service. This arbitration agreement will survive the termination of your relationship with clickspersecond.com.
Changes to Terms of Service
Updates and Notification:
Clickspersecond.com reserves the right to update or modify these Terms of Service at any time without prior notice. Such changes may be necessary due to the evolution of our services, changes in our business practices, or compliance with legal and regulatory updates.
We are committed to transparency and will take reasonable steps to inform you of any significant changes to these terms that might affect your rights or obligations.
How changes will be communicated:
- Website Notification: Any changes to the Terms of Service will be posted on our website, prominently displayed to ensure users are aware of the modifications. We encourage you to regularly review the Terms of Service to stay informed of any updates.
- Email Notification: For registered users, clickspersecond.com may also send an email notification outlining the nature of the changes and the effective date. This email will be sent to the address associated with your account.
Effective Date of Changes:
Changes to the Terms of Service will become effective immediately upon posting on our website unless stated otherwise in the update notification. In some cases, we may specify a later effective date for the changes to give you ample time to review the modifications.
Your Acceptance of Changes:
Your continued use of the clickspersecond.com website and its services after the effective date of such changes constitutes your acceptance of the new Terms of Service. If you do not agree to the updated terms, you should stop using clickspersecond.com's services and may terminate your account.
We understand the importance of the Terms of Service and strive to ensure they are always accurately aligned with our users' best interests and legal requirements. Your feedback and questions about any changes to the terms are always welcome, and we encourage you to contact us with any concerns.
Contact Information
At clickspersecond.com, we value open communication and are committed to providing our users with the support they need. Whether you have questions about our Terms of Service, need help with any of our tools and services, or have feedback and suggestions, we are here to assist.
Here's how you can reach us:
- Email Support: For the quickest response to your inquiries or support needs, please email us at [email protected]. Our dedicated support team aims to respond to all emails within 24-48 hours.
- Contact Form: You can also reach out to us through the contact form available on our website. Please visit our contact page and fill out the form with your query. Ensure to provide accurate contact information so we can get back to you promptly.
- Social Media: Follow us and reach out through our social media platforms for updates, service announcements, and more direct interaction. Find us on: X: @ClicksPerSec and Facebook: facebook.com/ClicksPerSecond
- Address: If you prefer traditional mail, you can send us correspondence to our office at Nonstop Corporation, 97 Crown Society, Chinchbhavan, Wardha Road, Opposite Bhawan's School, Nagpur, Maharashtra, India - 440005.
We strive to ensure that your experience with clickspersecond.com is smooth and enjoyable. Do not hesitate to contact us with any concerns, questions, or feedback you may have. Your input is invaluable to us as we continue to improve our services and offerings.
