Terms of Service for TestOwl Subscriptions

“TestOwl”, “we”, “us”, or “our” refers to the owner and operator of the Service.

“User”, “you”, or “your” refers to any individual or entity accessing or using the Service.

“Workspace” means an account, organization, or project created within TestOwl.

“Content” means any data, test cases, recordings, screenshots, reports, files, text, code, or other materials uploaded, generated, or stored through the Service.

You must be at least 18 years old and legally capable of entering into binding agreements to use the Service. If you use the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

To access certain features, you may be required to create an account. You agree to:

• Provide accurate and complete information.
• Keep your account credentials secure.
• Promptly update any information that becomes inaccurate.
• Accept responsibility for all activities occurring under your account.

You must notify us immediately if you become aware of unauthorized access to your account, using our contact page.

TestOwl provides software testing and automation tools, including but not limited to: test recording and playback, automated test execution, browser and device testing, test reporting and analytics, collaboration features, APIs, and integrations.

We may add, modify, suspend, or remove features at any time.

You agree not to:

• Use the Service for unlawful purposes;
• Access, test, or interact with systems, networks, or applications you do not own or lack authorization to test;
• Upload malicious software, viruses, or harmful code, or use the Service to distribute malware or conduct unauthorized security testing;
• Attempt to interfere with or disrupt the security, integrity, or operation of the Service or its underlying infrastructure;
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where permitted by law;
• Abuse system resources or perform activities that negatively affect other users;
• Circumvent usage limits, rate limits, or licensing restrictions associated with your plan; or
• Use the Service to violate the privacy, intellectual property, or contractual rights of others.

You are solely responsible for ensuring that your use of TestOwl complies with applicable laws and regulations.

You retain ownership of all Content and data you upload to or create with the Service (“Customer Data”). By using TestOwl, you grant us a limited, non-exclusive license to host, process, store, transmit, and display your Content solely for the purpose of providing and improving the Service. We do not claim ownership of your Content. You are responsible for ensuring you have the necessary rights and permissions for any Customer Data you submit, including any third-party systems your tests interact with. When you use an integration, you direct TestOwl to send the Customer Data you choose to that third-party service on your behalf.

You are responsible for the websites, applications, APIs, and systems you test, for obtaining appropriate authorization before conducting automated testing, and for ensuring that test execution does not violate third-party rights or applicable laws.

TestOwl is a testing platform and does not verify whether you have permission to test a target system.

The Service, including its software, design, branding, logos, interfaces, documentation, and technology, is owned by TestOwl and its licensors and is protected by intellectual property laws. Except for the rights expressly granted in these Terms, no rights are transferred to you. These Terms grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with your plan. You may not copy, distribute, modify, create derivative works from, or commercially exploit any part of the Service without our written permission.

If you provide suggestions, ideas, feature requests, or feedback regarding the Service, you grant TestOwl a perpetual, worldwide, royalty-free right to use, modify, and incorporate such feedback without restriction or compensation.

The Service may integrate with third-party products, platforms, browsers, cloud providers, CI/CD tools, issue trackers, or identity providers that you choose to connect. We are not responsible for third-party content, policies, availability, accuracy, conduct, or security practices. Your use of third-party services is governed by their respective terms and privacy practices.

Jira.If you or an administrator of your project connects a Jira Cloud site, you authorize TestOwl to access that site with the permissions granted on Atlassian's consent page (reading and writing Jira work items and reading Jira user information). TestOwl will create, update, comment on, assign, transition, and, for authorized administrators, delete Jira work items only when a user of your project takes that action in TestOwl, and only within the Jira projects your administrator has allowed.

You are responsible for having the authority to connect the Jira site; for choosing which Jira projects TestOwl may use; for reviewing the text TestOwl prepares before it is sent, which will be visible to everyone with access to that Jira project; for deciding whether to allow screenshots and personal member connections; and for making sure the content you send complies with your own policies and applicable law. Deleting data in TestOwl does not delete it from Jira, and Jira data you create or delete in Jira is governed by your agreement with Atlassian. You may disconnect Jira at any time, and we may suspend the integration if needed to protect the Service, comply with law, or respond to a security concern.

If paid plans are offered, fees will be displayed before purchase. Paid plans are billed in advance on a recurring basis (monthly or annually, as selected) through our third-party payment processor, unless otherwise stated. Taxes may apply depending on your location, and failure to pay may result in suspension or termination of access.

Unless required by law or expressly stated otherwise, fees are non-refundable. We may change our pricing with prior notice; continued use of the Service after a price change takes effect constitutes acceptance of the new pricing. You may cancel a subscription at any time, effective at the end of the current billing period. Any free trial or promotional offer may be modified or discontinued at our discretion.

We may provide free plans, trial accounts, beta features, and preview releases. These offerings are provided “as is” and may contain bugs, limitations, or incomplete functionality. They may be changed or discontinued at any time without notice or liability, and are excluded from any uptime or support commitments that may otherwise apply to the Service.

We strive to maintain reliable service but do not guarantee uninterrupted availability. The Service may experience maintenance periods, system upgrades, network disruptions, or third-party outages. We are not liable for downtime or service interruptions.

We may establish retention policies for test results, recordings, screenshots, logs, and other data. Upon account termination, we may delete your data after a reasonable retention period unless required by law to retain it. You are responsible for maintaining backups of important data.

Our collection and use of personal information are governed by our Privacy Policy. By using the Service, you acknowledge that information may be collected and processed as described in the Privacy Policy.

Each party agrees to protect confidential information received from the other party using reasonable care and not to disclose it to unauthorized third parties except as required by law.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TESTOWL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AND ERROR-FREE OPERATION. WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR THAT TEST RESULTS WILL BE ACCURATE OR COMPLETE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TESTOWL AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR OTHER DAMAGES INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO TESTOWL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IF YOU USE A FREE PLAN, OUR LIABILITY WILL NOT EXCEED USD $100.

You agree to defend, indemnify, and hold harmless TestOwl, its affiliates, officers, employees, and partners from claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your Content, your violation of these Terms, your violation of applicable laws, or unauthorized testing activities conducted through your account.

We may suspend or terminate access immediately if you violate these Terms, your activities create security risks, we are required to do so by law, or continued access may harm the Service or other users. In other cases, such as non-payment, we will generally give notice and a reasonable opportunity to cure where practicable. You may stop using the Service and close your account at any time. Termination does not relieve either party of obligations accrued before termination, and sections of these Terms that by their nature should survive termination (for example payment obligations, disclaimers, and limitations of liability) will survive.

We may update these Terms from time to time. Material changes will be communicated through the Service, by email, or by other reasonable means before they take effect. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles, except where mandatory local consumer protection laws provide otherwise.

Any dispute arising from or relating to these Terms will first be attempted to be resolved through good-faith negotiations. If resolution cannot be reached, disputes will be subject to the exclusive jurisdiction of the courts located in Ahmedabad, Gujarat, India, unless applicable law requires otherwise.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

These Terms constitute the entire agreement between you and TestOwl regarding the Service and supersede all prior agreements, understandings, or communications.

TestOwl (KRS Solutions)

Email: [email protected]

Website: https://testowl.ai. You can also reach us through our contact page.