Terms of Service

1. Who we are and what these terms cover

These Terms of Service ("Terms") are an agreement between you and TestWise, LLC ("TestWise," "we," "us," or "our"). They cover our website, the TestWise platform at platform.testwise.ai, the free QA report and our paid testing plans (together, the "Services").

If you use the Services for a company, you confirm that you can accept these Terms for it, and "you" means that company. If you and we sign a separate order form or agreement, it takes precedence over these Terms where they differ.

2. The Services

We test the user flows of your web application that you ask us to test, in real browsers. Our software, which uses AI models, runs each flow. A person reviews every failure before we report it to you as a bug, with a video recording and the steps to reproduce it.

• Free QA report: a one-time test of up to five flows, at no charge and with no obligation to buy.
• Paid plans: testing of your agreed flows on each release, as described on our pricing page or in your order.
• Security hygiene checks: reports may include passive checks of what your site sends to every visitor, such as response headers, cookies and public scripts. They are not a penetration test or a security audit.

Testing reduces risk but cannot find every defect. We do not guarantee that your application is free of bugs or security issues after we test it.

3. Your responsibilities

• Only ask us to test applications that you own or are authorized to have tested.
• Give us test accounts and test payment methods, not real customers' accounts or live payment cards. Where possible, point us at a staging environment.
• Don't send us personal data about real people unless a flow requires it and we have agreed a data processing agreement first.
• Keep your platform login secure. You are responsible for what happens under your account and for the people you invite to your projects.
• Don't use the Services to test third-party sites without permission, to load-test or attack any system, to break the law, or to copy or resell the Services.

4. Fees and payment

Paid plans are billed monthly in advance through our payment provider, at the price shown when you subscribe. Founding-customer discounts apply only for the period stated in the offer. You can cancel at any time; cancellation takes effect at the end of the current billing month, and fees already paid are not refunded except where the law requires it. Prices exclude taxes, which you are responsible for. We will give you at least 30 days' notice of any price change.

5. Your data

You own your applications, test descriptions, test accounts and everything we produce about your application for you, including results, recordings and bug reports ("Customer Data"). You give us permission to use Customer Data only to provide and support the Services for you. We keep Customer Data confidential and share it only with the service providers we use to run the Services, under confidentiality and security obligations.

Report links you create are visible to anyone who has the link until it expires or you revoke it. We delete Customer Data within 30 days after you ask us to or after your account ends, except where the law requires us to keep it. Our Privacy Policy explains how we handle personal information. We offer a data processing agreement (DPA) on request.

6. Our property

We own the Services, our software and everything we build to provide them. If you send us feedback or suggestions, we may use them without obligation to you. These Terms do not give either of us any rights in the other's trademarks.

7. Disclaimers

Except as expressly stated in these Terms, the Services, including the free QA report, are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

8. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Each party's total liability arising out of these Terms is limited to the fees you paid us in the 12 months before the claim, or US$100 if you have not paid us anything. These limits do not apply to your payment obligations, to a party's breach of its confidentiality obligations, or to liability that cannot be limited by law.

9. Ending the agreement

You can stop using the Services at any time. We may suspend or end your access if you materially breach these Terms and do not fix the breach within 10 days of our notice, or immediately if your use puts the Services, other customers or third parties at risk. Sections 5 to 8 and 10 survive the end of this agreement.

10. General

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and the state and federal courts in Los Angeles County, California, have exclusive jurisdiction. Nothing in these Terms limits rights you have under mandatory consumer or data protection laws where you live. We may update these Terms; we will post the new version here and, for material changes, tell paying customers by email at least 30 days before they take effect.

11. Contact us

• By email: [email protected]
• By mail: TestWise, LLC, 10960 Wilshire Blvd., 5th Floor, Los Angeles, CA 90024