Client Terms of Service

These Terms of Service ("Terms") govern your access to and use of the TestGate platform ("Platform") operated by AppTestify Global Services Private Limited ("AppTestify", "we", "us", or "our"). By accessing or using our Platform, you agree to be bound by these Terms.

1. Acceptance of Terms

By registering for a Client account, accessing, or using the TestGate platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform.

You represent that you have the authority to bind your organization to these Terms if you are registering on behalf of a company.

2. Account Registration and Security

To use the Platform, you must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

3. Services and Platform Usage

TestGate provides a crowdtesting platform that connects Clients with qualified Testers to perform software testing services. As a Client, you may:

• Create and manage testing projects
• Define test executions and assign testers
• Receive bug reports and quality insights
• Access analytics and reporting features
• Integrate with external bug tracking systems

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You will not use the Platform to test applications that contain illegal content, malware, or violate any applicable laws.

4. Payment Terms

Payment terms are as follows:

• You agree to pay all fees associated with your use of the Platform as specified in your subscription plan or project agreements
• All fees are non-refundable unless otherwise specified in writing
• Payment is due according to the billing cycle specified in your account
• We reserve the right to change our pricing with 30 days' notice
• Failure to pay may result in suspension or termination of your account

5. Intellectual Property

Your Content: You retain all ownership rights to your applications, test cases, project descriptions, and any other content you submit to the Platform ("Client Content"). You grant us a limited, non-exclusive license to use, store, and process your Client Content solely to provide the Platform services.

Platform Content: The Platform, including its design, features, functionality, and all related intellectual property, is owned by AppTestify and protected by copyright, trademark, and other laws. You may not copy, modify, or create derivative works of the Platform without our written permission.

Bug Reports: Bug reports and testing results generated by Testers become your property upon delivery, subject to our right to use anonymized, aggregated data for platform improvement and analytics.

6. Confidentiality and Non-Disclosure

We understand that your applications and testing projects may contain confidential information. We agree to:

• Maintain the confidentiality of your Client Content
• Use your information solely to provide Platform services
• Implement reasonable security measures to protect your data
• Not disclose your confidential information to third parties without your consent, except as required by law

All Testers on the Platform are required to sign Non-Disclosure Agreements (NDAs) before accessing your projects.

7. Tester Selection and Management

While we provide tools to help you select and manage Testers, you acknowledge that:

• Testers are independent contractors, not employees of AppTestify or your organization
• We do not guarantee specific testing outcomes or bug discovery rates
• You are responsible for providing clear test instructions and requirements
• We reserve the right to remove Testers from the Platform for violations of our policies

8. Warranties and Disclaimers

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

We do not warrant that:

• The Platform will be uninterrupted, secure, or error-free
• All bugs will be discovered or reported
• Test results will meet your specific requirements

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPTESTIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE PLATFORM.

Our total liability for any claims arising from these Terms or your use of the Platform shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless AppTestify, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit to the Platform

11. Termination

Either party may terminate these Terms at any time:

• You may cancel your account at any time through your account settings
• We may suspend or terminate your account immediately for violations of these Terms
• Upon termination, your right to use the Platform will cease immediately
• Sections 5, 6, 8, 9, 10, and 12 shall survive termination

12. General Provisions

Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 2015, or through the courts of competent jurisdiction in New Delhi, India.

Modifications: We reserve the right to modify these Terms at any time. Material changes will be notified via email or Platform notification. Continued use of the Platform after changes constitutes acceptance of the modified Terms.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and AppTestify regarding the Platform.

Contact: For questions about these Terms, please contact us at legal@apptestify.com