Website Terms of Use

Version 2026.1

These Website Terms of Use (“Terms”) govern your access to and use of the website at https://www.thetestmart.com/ and its subdomains (the “Website”), operated by The TestMart, Inc. (“TTM,” “we” or “us”). By accessing or using the Website you agree to these Terms. If you do not agree, do not use the Website.

1. Scope

Website only. These Terms apply to the Website and the content, forms, downloads and other materials made available on it. They do not govern the Horizon platform or any other TTM product or service.

Horizon and other Services. Access to and use of Horizon and any other TTM subscription service (the “Services”) is governed exclusively by the Master Subscription Agreement at https://www.thetestmart.com/master-subscription-agreement, the Data Processing Addendum at https://www.thetestmart.com/dpa, and the applicable Order Form. Where Customer purchases the Services through an authorized TTM partner, the partner’s agreement with Customer and the Master Subscription Agreement apply as described in that agreement. Nothing in these Terms creates a right to access or use the Services, and in the event of any conflict between these Terms and the Master Subscription Agreement with respect to the Services, the Master Subscription Agreement controls.

Privacy. Our Privacy Policy at https://www.thetestmart.com/privacy-policy and Cookie Policy at https://www.thetestmart.com/cookie-policy describe how we handle personal information collected through the Website. They are incorporated into these Terms by reference.

2. Who We Are

The TestMart, Inc. is a Delaware corporation with its notice address at 382 NE 191st Street, PMB 55807, Miami, FL 33179, USA. You can reach us at legal@thetestmart.com.

3. Eligibility

The Website is intended for business users. You must be at least 18 years old to use it. If you use the Website on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. Use of the Website

You may use the Website for lawful business purposes consistent with these Terms. You will not:

“Malicious Code” means code, files, scripts, agents or programs intended to do harm, including viruses, worms, time bombs and Trojan horses.

We may suspend or restrict access to the Website at any time, without notice, for conduct we believe violates these Terms or presents a risk to TTM or others.

5. Content and Intellectual Property

The Website and its content, including text, graphics, logos, images, videos, product descriptions, documentation, downloadable materials, software and the design and arrangement of the Website (“Content”), are owned by TTM or its licensors and are protected by copyright, trademark and other laws. TTM grants you a limited, revocable, non-exclusive license to view the Content and to download materials we make available for download, solely for your internal business evaluation of TTM and its Services. All other rights are reserved.

TheTestMart, Horizon and the associated logos are trademarks of The TestMart, Inc. Microsoft, Dynamics 365 and other third-party names are the property of their respective owners and are used for identification only. No sponsorship or endorsement is implied.

Product descriptions, roadmaps, case studies and performance statements on the Website are provided for general information. They are not warranties, specifications or commitments regarding the Services. The features, warranties and commitments that apply to a purchase of the Services are set out only in the Master Subscription Agreement, the Documentation and the applicable Order Form.

6. Information You Submit

The Website includes forms for demo requests, assessments, event registrations, content downloads, partner inquiries and general contact. You agree to provide accurate information and to submit only information you are authorized to share. By submitting a business inquiry you agree that TTM may contact you about it, as described in the Privacy Policy. You may opt out of marketing communications at any time using the unsubscribe link in any marketing email or by contacting legal@thetestmart.com.

Do not submit confidential information, personal data of third parties beyond ordinary business contact details, or any data from your ERP or business systems through the Website. The Website is not a channel for Customer Data. Customer Data is handled only within the Services under the Master Subscription Agreement and the Data Processing Addendum.

7. Feedback

If you provide suggestions, ideas or other feedback about the Website or the Services, you grant TTM a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate that feedback without obligation to you.

8. Third-Party Links and Partner Sites

The Website may link to third-party websites, including Microsoft AppSource, partner sites, event pages and social media. TTM does not control and is not responsible for the content, privacy practices or terms of any third-party site. Your use of a third-party site is at your own risk and subject to that site’s terms.

9. Disclaimers

THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TTM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. TTM DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE CONTENT IS COMPLETE OR CURRENT. THIS SECTION DOES NOT LIMIT ANY WARRANTY TTM GIVES IN THE MASTER SUBSCRIPTION AGREEMENT WITH RESPECT TO THE SERVICES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TTM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. TTM’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100). THIS SECTION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW AND DOES NOT MODIFY THE LIMITATIONS OF LIABILITY THAT APPLY TO THE SERVICES UNDER THE MASTER SUBSCRIPTION AGREEMENT.

11. Changes to These Terms

TTM may update these Terms from time to time. The current version will be posted on the Website with its version number. Changes take effect when posted. Your continued use of the Website after a change constitutes acceptance of the updated Terms.

12. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Each party submits to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for any dispute arising out of or related to these Terms or the Website, except that TTM may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.

13. General

These Terms are the entire agreement between you and TTM regarding the Website and supersede any prior terms regarding the Website. If any provision is held unenforceable, the remaining provisions remain in effect. TTM’s failure to enforce a provision is not a waiver. You may not assign these Terms. TTM may assign these Terms to an Affiliate or in connection with a merger, acquisition or sale of assets. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with TTM.

14. Contact

Questions about these Terms: legal@thetestmart.com, or by mail to The TestMart, Inc., 382 NE 191st Street, PMB 55807, Miami, FL 33179, USA.