Terms of Service

Yalitest provides a software platform designed to help users test web applications. The Services may include, but are not limited to:

• ●Desktop application for automated and manual web testing
• ●Browser-based interfaces and dashboards
• ●Integration with third-party tools and service providers
• ●Test recording, playback, and reporting features
• ●APIs and developer tools
• ●Documentation, support, and related resources

The specific features and functionality of the Services may change from time to time. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business or personal purposes.

You may not:

• ●Copy, modify, adapt, translate, or create derivative works of the Services or any part thereof
• ●Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services
• ●Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Services to any third party
• ●Remove, obscure, or alter any proprietary notices, labels, or marks on the Services
• ●Use the Services for any illegal, unauthorized, or harmful purpose
• ●Attempt to gain unauthorized access to any part of the Services or related systems
• ●Use the Services to develop a competing product or service
• ●Use automated means (bots, scrapers, etc.) to access the Services except through our provided APIs
• ●Interfere with or disrupt the integrity or performance of the Services

When using the Services, you agree to:

• ●Only test websites, applications, and systems that you own or have explicit authorization to test
• ●Comply with all applicable local, state, national, and international laws and regulations
• ●Not use the Services to access unauthorized systems, networks, or data
• ●Respect the terms of service and acceptable use policies of any websites or services you interact with through the Services
• ●Maintain the confidentiality and security of your account credentials, API keys, and access tokens
• ●Not use the Services for any malicious, harmful, abusive, or illegal activities, including but not limited to hacking, phishing, spamming, or denial-of-service attacks
• ●Not upload, transmit, or distribute any viruses, malware, or other harmful code through the Services
• ●Not use the Services in any manner that could damage, disable, overburden, or impair our infrastructure
• ●Promptly notify us of any unauthorized use of your account or any security breach

You are solely responsible for all activity that occurs under your account and for the results obtained from your use of the Services. We are not responsible for any consequences arising from your misuse of the Services or violation of third-party terms.

The Services may integrate with or provide access to third-party services, tools, platforms, and providers. Your use of any third-party service is governed by that third party's own terms of service and privacy policy. We do not control, endorse, or assume responsibility for any third-party services, including their content, accuracy, availability, or practices.

You are responsible for obtaining and maintaining any API keys, credentials, or subscriptions required for third-party services, and for any fees or costs associated with their use. We shall not be liable for any loss or damage arising from your use of or reliance on third-party services.

Certain features of the Services may require payment of fees. All fees are stated in the applicable pricing plan and are exclusive of taxes unless otherwise indicated. You agree to pay all applicable fees in accordance with the billing terms in effect at the time the fee is due.

Subscription Renewals: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us.

Refunds: Fees are generally non-refundable except as required by applicable law or as expressly stated in a separate agreement. If you believe you are entitled to a refund, please contact us at billing@yalitest.com.

Price Changes: We reserve the right to change our pricing at any time. We will provide at least 30 days' notice of any price increase. Continued use of the Services after a price change constitutes acceptance of the new pricing.

The Services, including all software, code, designs, text, graphics, logos, trademarks, and other content, are owned by or licensed to Yalitest and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services except for the limited license expressly granted above.

Your Content: You retain all rights to any content you create, upload, or generate using the Services, including test scripts, test results, reports, and configurations (“Your Content”). By using the Services, you grant us a limited, non-exclusive license to process Your Content solely for the purpose of providing the Services to you. We do not claim ownership of Your Content.

Trademarks: Yalitest, the Yalitest logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Yalitest or its affiliates. You may not use these marks without our prior written permission.

We may offer beta, preview, early access, or pre-release versions of the Services (“Beta Services”). By participating in any beta or early access program, you acknowledge and agree that:

• ●Beta Services may be incomplete, contain errors, bugs, or inaccuracies, and may change significantly before general release
• ●Beta Services are provided "AS IS" without any warranties of any kind
• ●Beta Services may be discontinued, modified, or limited at any time without notice or liability
• ●Your use of Beta Services is at your sole risk, and you should not rely on them for production or critical use cases
• ●We may collect additional diagnostic data during beta periods to improve the Services (with appropriate notice)
• ●Any confidential information disclosed in connection with beta programs must be kept confidential

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLY, WE DO NOT WARRANT THAT:

• ●The Services will be uninterrupted, timely, secure, or error-free
• ●The results obtained from using the Services will be accurate, complete, or reliable
• ●The quality of any testing, information, or other material obtained through the Services will meet your expectations
• ●Any errors, defects, or vulnerabilities in the Services will be corrected
• ●The Services will be compatible with all systems, configurations, or third-party services
• ●The Services will detect all bugs, defects, or issues in the software you test
• ●The Services will be free from viruses, malware, or other harmful components

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE TOOLS TO ASSIST WITH TESTING AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL QUALITY ASSURANCE, SECURITY AUDITING, OR EXPERT REVIEW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YALITEST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• ●Your access to or use of (or inability to access or use) the Services
• ●Any conduct or content of any third party on or related to the Services
• ●Any content obtained from or through the Services
• ●Unauthorized access, use, or alteration of your transmissions or content
• ●Any bugs, viruses, or other harmful code that may be transmitted to or through the Services
• ●Any errors, inaccuracies, or omissions in the Services or any content
• ●Your reliance on test results, reports, or other outputs generated by the Services

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Yalitest is incorporated, without regard to its conflict of law provisions.

Informal Resolution: Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute informally by contacting us at legal@yalitest.com. We will attempt to resolve the dispute through good-faith negotiation within 60 days.

Binding Arbitration: If a dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of a recognized arbitration institution, rather than in court. The arbitration shall be conducted in English and the decision of the arbitrator shall be final and binding.

Class Action Waiver: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Exceptions: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. You may terminate your use of the Services at any time by discontinuing use and uninstalling the application.

Effect of Termination: Upon termination, all licenses and rights granted to you under these Terms will immediately cease. You must promptly cease all use of the Services and delete any copies of the application in your possession. Sections relating to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive termination shall survive.

Data Upon Termination: Upon termination, we may delete your account data and any associated information. Data stored locally on your device will remain until you delete it. We are not obligated to retain or provide copies of your data after termination, except as required by applicable law.

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or agreements published by us, constitute the entire agreement between you and Yalitest regarding the Services and supersede all prior agreements, understandings, and representations.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Yalitest.

Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service outages.

Notices: We may provide notices to you through the Services, via email, or by posting on our website. You may provide notices to us by emailing legal@yalitest.com.