Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Cryptology LLC ("Company," "we," "us," or "our") governing your access to and use of the TestifAI application, website, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you represent and warrant that:

• You are at least 18 years old or have reached the age of majority in your jurisdiction.
• You have the legal capacity to enter into a binding contract.
• You are not prohibited from using the Service under applicable laws.
• You have read, understood, and agree to be bound by these Terms.

2. Description of Service

TestifAI is a software-as-a-service (SaaS) platform that uses artificial intelligence to assist users in generating bug reports, feature requests, and improvement suggestions from user-provided content including text descriptions, images, and videos. The Service is provided on an "as-is" and "as-available" basis.

AI-Generated Content Disclaimer: All content generated by the Service is produced by artificial intelligence and is provided for informational and assistive purposes only. AI-generated content may contain errors, inaccuracies, or inappropriate suggestions. You are solely responsible for reviewing, verifying, and editing all generated content before use.

No Professional Advice: The Service does not provide legal, technical, security, compliance, or professional advice of any kind. AI-generated outputs are not a substitute for professional judgment. You should not rely on the Service for decisions that require professional expertise. We disclaim all liability for any actions you take or fail to take based on AI-generated content.

Assumption of Risk: You expressly acknowledge and agree that your use of the Service is at your sole risk. You assume full responsibility for all risks associated with using AI-generated content, including but not limited to the risk that such content may be inaccurate, incomplete, misleading, offensive, or unsuitable for your intended purpose.

3. Account Registration and Security

To access the Service, you must:

• Create an account using accurate, current, and complete information.
• Maintain and promptly update your account information.
• Maintain the confidentiality of your login credentials.
• Immediately notify us of any unauthorized access or security breach.
• Accept full responsibility for all activities under your account.

We reserve the right to suspend or terminate accounts that contain false information or violate these Terms.

4. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon intellectual property rights of any party.
• Upload, transmit, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Upload content containing malware, viruses, or malicious code.
• Attempt to gain unauthorized access to the Service, other accounts, or systems.
• Interfere with or disrupt the Service or servers.
• Use automated means (bots, scrapers, etc.) without express written permission.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to generate spam, phishing content, or fraudulent materials.
• Impersonate any person or entity or misrepresent your affiliation.
• Collect or harvest personal information of other users.
• Use the Service in any manner that could damage, disable, or impair the Service.

Violation of this policy may result in immediate termination of your account without notice or refund.

5. User Content

5.1 Ownership

You retain all ownership rights to content you upload to the Service ("User Content"). By uploading User Content, you grant us a limited, non-exclusive, royalty-free, sublicensable, worldwide license to process, store, transmit, and display your content solely for the purpose of providing the Service to you, including transmission to third-party AI providers necessary to deliver the Service.

5.2 Your Representations

You represent and warrant that:

• You own or have necessary rights to upload and process the User Content.
• Your User Content does not violate any third-party rights.
• Your User Content complies with all applicable laws.
• You have obtained all necessary consents for any personal data in your content.

5.3 Generated Content

Subject to your compliance with these Terms, you may use AI-generated output for your own purposes. However, you acknowledge that: (a) similar outputs may be generated for other users; (b) we make no claim of originality or ownership over AI outputs; and (c) you are solely responsible for ensuring your use complies with applicable laws.

6. Intellectual Property

The Service, including its software, design, logos, trademarks, documentation, and all underlying technology, is owned by Cryptology LLC and protected by intellectual property laws. These Terms grant you no rights to our intellectual property except the limited right to use the Service as expressly permitted.

You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service without our express written permission.

7. Third-Party Services

The Service integrates with third-party services including but not limited to OpenAI for AI processing, Vercel for hosting, and Cloudflare for security. Your use of the Service is also subject to the terms and policies of these third-party providers.

We are not responsible for the availability, accuracy, or practices of third-party services. Your interactions with third-party services are at your own risk.

8. Fees and Payment

Certain features of the Service may require payment. By purchasing paid features, you agree to pay all applicable fees. All fees are non-refundable except as expressly stated or required by law. We reserve the right to change pricing with reasonable notice to you.

9. Service Availability and Modifications

We strive to maintain high availability but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We shall not be liable for any modification, suspension, or discontinuation of the Service.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, FREE OF HARMFUL CONTENT, OR SUITABLE FOR ANY PURPOSE; (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (F) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, our liability is limited to the maximum extent permitted by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRYPTOLOGY LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, 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, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Cryptology LLC and its affiliates, members, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of another party; (e) your violation of any applicable law; (f) any claim that your User Content caused damage to a third party; or (g) your use of AI-generated content.

13. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent or illegal activity, or extended periods of inactivity.

You may terminate your account at any time by contacting us or using account deletion features. Upon termination, your right to use the Service ceases immediately, and we may delete your data in accordance with our Privacy Policy.

Sections that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and any accrued payment obligations.

14. Release

To the maximum extent permitted by applicable law, you hereby release and forever discharge Cryptology LLC, its affiliates, members, directors, officers, employees, agents, successors, and assigns from any and all claims, demands, damages, losses, costs, liabilities, and causes of action of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Service or any AI-generated content.

If you are a California resident, you hereby waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the version number and "Last updated" date at the top of this page and, where required by law, notify you via email or through the Service.

For material changes, we will require your affirmative acceptance of the updated Terms before you can continue using the Service. Your continued use of the Service after accepting updated Terms constitutes agreement to the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may request deletion of your account.

16. Governing Law

These Terms and any disputes arising from or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

For users in the European Union, nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence.

17. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

17.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact us through our contact form and attempt to resolve the dispute informally for at least 30 days.

17.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be Delaware, United States.

The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. Each party shall bear its own costs, and arbitration fees shall be shared equally unless the arbitrator determines otherwise.

17.3 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims for small claims court (if eligible) are also excluded from this arbitration agreement.

17.4 EU Users

If you are a consumer in the European Union, this arbitration agreement does not affect your right to bring claims before the courts of your country of residence or to use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

18. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CRYPTOLOGY LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Unless both you and Cryptology LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

19. Statute of Limitations

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.

This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise. Some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of certain damages; in such jurisdictions, some of the above limitations may not apply to you.

20. Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, improvements, or other input regarding the Service ("Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, and create derivative works from such Feedback for any purpose without compensation or attribution to you.

You represent that you have the right to provide such Feedback and that it does not violate any third-party rights.

21. Beta Features and Experimental Services

We may offer beta, preview, experimental, or early access features ("Beta Features"). Beta Features are provided "AS IS" without any warranties and may be modified, suspended, or discontinued at any time without notice.

By using Beta Features, you acknowledge that: (a) they may contain bugs, errors, or inaccuracies; (b) they may cause data loss or system failures; (c) they are not covered by any service level agreements; and (d) we have no obligation to make them generally available.

22. Export Compliance

The Service may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs administered by the U.S. Treasury Department's Office of Foreign Assets Control.

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. government embargo; (b) you are not listed on any U.S. government list of prohibited or restricted parties; and (c) you will not use the Service in violation of any export restriction or sanction.

23. Electronic Agreement

You acknowledge and agree that by clicking "I agree," "Create account," or similar buttons, or by accessing or using the Service, you are entering into a legally binding agreement. This electronic acceptance has the same legal force and effect as a physical signature.

You waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted by applicable law.

24. Notices

We may provide notices to you by: (a) posting on the Service; (b) sending to the email address associated with your account; or (c) any other method we reasonably select. Notices sent by email are effective when sent; notices posted on the Service are effective upon posting.

You may provide notices to us by submitting through our contact form. Notices to us are effective upon actual receipt.

25. General Provisions

25.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cryptology LLC regarding the Service and supersede all prior agreements and understandings.

25.2 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, and the remaining provisions shall remain in full force and effect.

25.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

25.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

25.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, strikes, or failures of third-party services.

25.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

25.7 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Cryptology LLC. Neither party has authority to bind the other or incur obligations on behalf of the other.

25.8 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

25.9 Language

These Terms are written in English. Any translated versions are provided for convenience only. In case of conflict, the English version shall prevail.

26. Jurisdiction-Specific Provisions

26.1 United Kingdom

If you are a consumer in the United Kingdom, you have the right to bring legal proceedings in the courts of your country of residence. Nothing in these Terms limits any consumer rights that cannot be waived under UK consumer protection laws. The UK GDPR and Data Protection Act 2018 apply to the processing of your personal data.

26.2 Australia

If you are a consumer in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

26.3 Canada

If you are a resident of Canada, you may have additional rights under applicable provincial consumer protection legislation. Nothing in these Terms affects statutory rights that cannot be waived.

26.4 Brazil

If you are a consumer in Brazil, the Brazilian Consumer Protection Code (Lei nº 8.078/1990) applies in addition to these Terms, and you may bring claims in the courts of your domicile.

27. Contact Information

For questions about these Terms, please submit a request through our contact form.