Terms of Use

1. Acceptance of Terms

By accessing or using Testfire ("the Service"), operated by Netmark ("we," "us," or "our"), you agree to be bound by these Terms of Use. If you do not agree to these terms, do not use the Service. Your continued use of the Service constitutes your acceptance of these terms and any future modifications.

2. Description of Service

Testfire is a web-based A/B test calculator and statistical analysis tool. The Service provides statistical significance testing, sample size estimation, Bayesian analysis, and related calculations. All calculations are performed client-side in your browser. The Service is provided on an "as is" and "as available" basis.

3. No Professional Advice

THE SERVICE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. The statistical calculations, results, recommendations, and any other outputs provided by the Service do not constitute professional, scientific, financial, or business advice. You should not rely solely on the Service to make business decisions, marketing decisions, or any other decisions that could have financial, legal, or other material consequences. We strongly recommend consulting with a qualified statistician, data scientist, or other appropriate professional before acting on any results produced by the Service.

4. No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, secure, or available at any particular time or location.

5. No Guarantees of Accuracy

We make no guarantees regarding the accuracy, correctness, completeness, or reliability of any calculations, results, or outputs produced by the Service. Specifically, we do not guarantee that:

• Statistical calculations are free from errors, bugs, or inaccuracies
• Results will be correct, precise, or suitable for any particular use case
• The statistical methods implemented are appropriate for your specific data or situation
• Sample size estimates, confidence intervals, p-values, or any other outputs are accurate
• The Service will produce results consistent with other statistical software or tools
• Any errors or defects in the calculations or Service will be corrected

6. Use at Your Own Risk

You use the Service entirely at your own risk. You acknowledge and agree that you are solely responsible for any decisions made based on the outputs of the Service and any consequences arising from such decisions. The Service is not a substitute for professional statistical analysis, and we are not responsible for any outcomes resulting from reliance on the Service's calculations or recommendations.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NETMARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY CALCULATIONS OR RESULTS PROVIDED BY THE SERVICE, OR ANY DECISIONS MADE BASED ON SUCH CALCULATIONS OR RESULTS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US TO USE THE SERVICE, OR TEN DOLLARS ($10.00 USD), WHICHEVER IS GREATER.

8. Service Availability

We do not promise or guarantee that the Service will be available at all times. The Service may be suspended, discontinued, or modified at any time without prior notice. We may impose limits on certain features or restrict access to parts or all of the Service without notice or liability. We are under no obligation to maintain, support, or update the Service.

9. Software Functionality

The Service is software and, like all software, may contain bugs, errors, or unexpected behavior. Statistical algorithms are approximations and may produce results that differ from other implementations. The Service may not work as intended, described, or expected. We do not represent or warrant that the software is free of defects, viruses, or harmful components.

10. Indemnification

You agree to indemnify, defend, and hold harmless Netmark and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, any decisions made based on the Service's outputs, your violation of these Terms, or your violation of any rights of another party.

11. Privacy and Data

All calculations are performed entirely in your browser. We do not collect, store, transmit, or have access to the data you enter into the Service. No data is sent to our servers. We are not responsible for any data loss or unauthorized access that may occur on your device or network.

12. Intellectual Property

The Service, including its design, features, and content (excluding user-submitted data), is the property of Netmark and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without prior written consent.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Service. Your continued use of the Service after any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Boise, Idaho.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and Netmark regarding the use of the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

17. Contact

If you have questions about these Terms, you may contact us at netmark.com.