Terms of Service

TestDriver Terms of Service, the legal agreement governing your use of the TestDriver platform.

These Terms of Service (“Terms”) govern your access to and use of the TestDriver.ai website and services (the “Services”) provided by Haxor Inc., doing business as TestDriver.ai (“TestDriver,” “we,” “us,” or “our”), a Delaware C Corporation.

By signing up for, accessing, or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1. Scope and Purpose

The Services are designed to assist businesses with automated testing, quality assurance, and debugging in test or non-production environments only.

The Services are provided solely for business (B2B) use and are not intended for consumer, personal, or end-user applications.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. The Services are not intended for use by children under the age of 13.

3. Acceptance of Terms

By creating an account, purchasing a plan, or otherwise using the Services, you agree to comply with and be bound by these Terms and our Privacy Policy.

4. Accounts, API Keys, and Access

You are responsible for:

  • Maintaining the confidentiality and security of your account and API keys

  • All activities conducted under your account

  • Managing users and permissions within your team

We are not responsible for security breaches, unauthorized access, or usage caused by leaked or compromised API keys. We strongly recommend rotating API keys at least every 30 days. API keys can be managed through the team page in the TestDriver console.

You are solely responsible for who you invite to your team. We are not responsible for actions taken by users you authorize.

5. Acceptable Use and Restrictions

You agree that you will not:

  • Use the Services in production environments involving real end users

  • Submit real customer data, personal data, sensitive personal data, or regulated data (including but not limited to PII, PHI, or financial data)

  • Use the Services for purposes other than testing your own applications or applications you are authorized to integrate with

  • Use TestDriver-managed virtual machines to automate, spam, scrape, attack, or violate the terms of service of other applications or services

  • Attempt to reverse engineer, disrupt, or interfere with the Services

  • Use the Services to build or train competing products

All TestDriver-managed virtual machines are provided strictly for testing purposes only.

Violation of this section constitutes a material breach of these Terms.

You represent and warrant that you have all necessary rights, permissions, and authorizations to access, test, and automate any applications, systems, or software used in connection with the Services.

6. Deployment Models

6.1 Cloud-Hosted Deployments

Test execution occurs on TestDriver-managed infrastructure. Test artifacts such as logs, screenshots, and recordings may be stored until deleted by you.

6.2 Self-Hosted Deployments

Test execution occurs on infrastructure you control. You are solely responsible for your infrastructure costs, security, compliance, and configuration. We do not have access to systems or data within your infrastructure.

You are also responsible for supplying and managing your own API keys for AI providers and infrastructure providers when using self-hosted deployments.

6.3 Enterprise Deployments

You run the Services entirely within your own environment using your own infrastructure and provider keys. TestDriver does not receive or store test data beyond authentication.

7. Usage Limits, Parallel Tests, and Rate Limiting

Your plan may include limits on:

  • Included testing hours (virtual machine / device time)

  • Number of parallel tests

  • Number of seats (billable users)

  • Feature usage, including the number of automated agent runs (such as onboarding, pull request reviews, and replies to mentions) performed through the TestDriver GitHub App for a GitHub account or organization

  • Which repositories you can connect (for example, private repositories may require a paid plan or free trial)

On free plans, the included agent-run allowance applies to each GitHub App installation over its lifetime and does not renew. When it is exhausted, additional agent runs are refused until you upgrade.

The number of parallel tests includes all usage, including continuous integration (CI) and developer usage. For example, if you run one test in CI and have ten developers running tests concurrently, you may require eleven parallel test licenses.

Seats determine how many members you can invite to your team. They are independent of parallel test usage and are not consumed by automated code reviews.

If you exceed your allowed number of parallel tests, the Services may return errors or refuse execution. You are responsible for accounting for and managing these limits.

We reserve the right to rate limit, throttle, or restrict usage that we determine to be abusive, excessive, or harmful to the Services or other customers.

8. Billing, Fees, and Payment

You may be charged based on usage. Virtual machine (device) time is metered in seconds and billed as testing minutes. Each paid plan includes a monthly allowance of testing hours; usage beyond that allowance is billed as overage at the per-minute rate shown on the pricing page (currently $0.14 per minute, equal to $8.40 per hour). The specific included allowance and overage rate for your plan are outlined on the pricing page.

Virtual machines may continue running even if you cannot see them. The client library allows you to configure a time-to-live (TTL) for virtual machines. You are responsible for configuring TTLs appropriately and monitoring your usage.

8.1 Seats (Team Members)

A seat is any developer who has gotten a review or run a test by TestDriver in that billing period. Your plan includes a set number of seats, which caps how many developers may use the Services in a given billing period.

8.2 Billing Rails

How seats and usage are billed depends on how your account is paid for:

  • Stripe (card on file). Your plan’s seat allowance and included testing hours are billed through Stripe. Usage beyond your included testing hours is billed as overage at the per-hour rate shown on the pricing page.

  • GitHub Marketplace. For plans purchased through GitHub Marketplace, GitHub is the merchant of record. Seat counts are set through GitHub, GitHub’s terms and refund policy govern those transactions, and seat changes must be made on GitHub.

  • Free plans. Free plans include unlimited seats, a limited number of testing hours, and a limited number of agent runs, as shown on the pricing page. When included usage is exhausted, additional usage is refused rather than billed (see Section 7). Free plans are never charged unless you start a paid plan or free trial.

8.3 Usage Visibility and Payment

You can view usage and seats at any time in the TestDriver console under the “Usage” page.

Except for seat additions and removals, which are prorated to the current billing period, all sales are final. We do not offer refunds, including for unused or partially used device or virtual machine minutes, or for a charge made when a free trial converts to a paid plan (see Section 8.4). Removing a seat takes effect as a proration credit against the current period, not a cash refund.

Invoices must be paid within thirty (30) days. Failure to pay may result in suspension or termination of your account.

8.4 Free Trials and Automatic Conversion

Some paid plans may be started with a free trial. The trial length and included trial testing minutes are shown on the pricing page and at checkout (currently 14 days or 120 testing minutes for the Pro plan). Each team is eligible for one free trial; a team that has previously held a paid subscription is charged from the start. A valid payment method is required to start a trial.

Your trial ends, and your paid plan starts automatically, at whichever of these comes first:

  • The end of the trial period; or

  • The first time you start new testing usage (such as a test run or virtual machine) after the trial’s included testing minutes are used up.

When your trial ends, you authorize us to charge your payment method on file, without further notice or action from you, for your plan’s recurring fees (including seats) for the first billing period. After that, your plan renews each billing period and is billed as described in this Section 8, including overage for usage beyond your plan’s included testing hours.

You may also end your trial early and start your paid plan at any time from the billing page in the TestDriver console. To avoid being charged, cancel your subscription before your trial ends.

If we cannot charge your payment method when your trial ends because its included testing minutes are used up, your team remains on the trial, but new testing usage is refused until your payment method is updated and your paid plan starts. We may retry the charge automatically.

When a trial converts because its included testing minutes are used up, we will make reasonable efforts to email your team owner. Failure to receive that email does not affect the conversion or the charge.

9. Service Levels

We do not provide a service level agreement (SLA) unless explicitly stated otherwise in a separate written contract.

10. Data and Privacy

Your use of the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You acknowledge that:

  • You control what data is sent to the Services

  • You are responsible for ensuring submitted data complies with applicable laws

  • You must not submit real customer data or sensitive personal information

  • Enterprise deployment data is never used for model training

10A. Data Processing Roles

The Services are designed to operate without the submission of personal data. No personal data is expected to be processed in connection with normal use of the Services.

To the extent that Customer submits or causes the incidental processing of personal data despite these restrictions:

  • Customer acts as the data controller

  • TestDriver acts solely as a data processor

  • Any such processing is customer-directed, limited, and transient, and occurs solely to provide the Services

Customer is solely responsible for ensuring that any data submitted to the Services complies with applicable privacy and data protection laws.

11. Intellectual Property

TestDriver retains all rights, title, and interest in the Services, including all software, models, documentation, and underlying technology.

You retain ownership of your test scripts, configurations, and other content you submit to the Services (“Customer Content”).

You grant TestDriver a limited, non-exclusive, royalty-free license to use, process, store, transmit, and display Customer Content solely to provide and improve the Services.

11A. Shared Security Responsibility

TestDriver is responsible for securing the Services and the TestDriver-managed infrastructure that supports them.

Customer is responsible for:

  • Securing account credentials and API keys

  • Managing user access and permissions

  • Configuring and securing Customer-controlled environments

  • Ensuring the accuracy and legality of all inputs, configurations, and test data

TestDriver does not guarantee that the Services will prevent all security incidents and does not assume responsibility for security issues arising from Customer-controlled inputs or environments.

12. Confidentiality

Each party agrees to protect the other party’s confidential information and to use it only for purposes related to these Terms.

13. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TESTDRIVER DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR MEET YOUR SPECIFIC REQUIREMENTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

TESTDRIVER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.

TESTDRIVER’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO TESTDRIVER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify and hold harmless TestDriver from any claims, damages, losses, or liabilities arising out of:

  • Your use of the Services

  • Your violation of these Terms

  • Your submission of prohibited, unlawful, or sensitive data

15A. Monitoring and Abuse Prevention

TestDriver reserves the right to monitor usage of the Services to ensure compliance with these Terms and to investigate suspected violations, abuse, or security risks.

Such monitoring is limited to operational and compliance purposes and is not intended to review Customer Content beyond what is necessary to operate the Services.

16. Suspension and Termination

You may stop using the Services at any time.

We may suspend or terminate access to the Services if you breach these Terms, fail to pay outstanding invoices, exceed usage limits, or use the Services in a manner that poses legal, security, or operational risk.

17. Changes to the Services or Terms

We may modify the Services or these Terms from time to time. Material changes will be communicated to customers. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

18A. Export Controls and Sanctions

You may not use the Services if you are:

  • Located in a country or region subject to U.S. sanctions or embargoes

  • Listed on any U.S. government restricted or denied party list

  • Acting on behalf of any such person or entity

You agree to comply with all applicable export control and sanctions laws in connection with your use of the Services.

19A. Assignment

Customer may not assign or transfer these Terms, in whole or in part, without TestDriver’s prior written consent.

TestDriver may assign these Terms without restriction in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

19B. Force Majeure

TestDriver shall not be liable for delays or failures in performance resulting from events beyond its reasonable control, including but not limited to cloud provider outages (including AWS or similar providers), AI provider outages, internet failures, acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

20. Dispute Resolution; Class Action Waiver

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in Delaware, except that either party may seek injunctive relief for misuse of intellectual property or unauthorized access to the Services.

You agree that disputes will be resolved on an individual basis and not as part of any class, collective, or representative action.

21. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.

22. Survival

The following sections shall survive termination or expiration of these Terms:

  • Intellectual Property

  • Confidentiality

  • Disclaimers

  • Limitation of Liability

  • Indemnification

  • Governing Law

  • Dispute Resolution

  • Any provisions that by their nature are intended to survive

23. Contact Information

If you have questions about these Terms, contact:

[email protected]