Terms of Service

Definitions

"Company," "we," "our," or "us" refers to Dennis Martinez, operating as TestNod.

"Service" refers to the TestNod application at testnod.com, including all related tools such as the TestNod GitHub Action, CLI uploader, and any APIs we provide.

"You" or "your" refers to the person or organization that owns an account with the Service.

Account Terms

1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage resulting from your failure to maintain account security.
2. You are responsible for all content uploaded to and activity that occurs under your account, including content and activity from any users or automated systems (such as CI pipelines) connected to your account.
3. You may sign up using email and password, GitHub OAuth, or Google OAuth. When using OAuth, you authorize us to access the profile information described in our Privacy Policy.

Payment, Refunds, and Plan Changes

1. TestNod offers a free tier. The free tier is genuinely free: we do not require a credit card and we do not sell your data.
2. For paid plans, you need to pay in advance to access paid features. If payment fails, we will notify you and may freeze your account until payment is resolved. Prolonged non-payment may result in account cancellation.
3. If you upgrade from the free tier to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade.
4. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. Where required, we will collect and remit applicable taxes. Otherwise, you are responsible for payment of all applicable taxes.
5. If you cancel your paid plan before the end of your current billing period, your cancellation takes effect immediately. We do not provide refunds or credits for unused time in the current billing cycle.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. You can cancel your account from your account settings page. An email request to cancel is not automatically considered cancellation. If you need help, contact us at [email protected].
2. Upon cancellation, your data will become inaccessible immediately. All content will be permanently deleted from active systems within 30 days, and from backups within an additional 30 days. We cannot recover data once it has been permanently deleted.
3. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Suspension means you will not be able to access your account or any data in it. Termination will result in the deletion of your account and all associated data.
4. Verbal, physical, written, or other abuse (including threats) of the Company or its representatives will result in immediate account termination.

Modifications to the Service and Prices

1. We reserve the right to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
2. If we change pricing, we will give existing customers at least 30 days notice via the email address on their account.

Uptime, Security, and Privacy

1. Your use of the Service is at your sole risk. We provide the Service on an "as is" and "as available" basis. We do not offer service-level agreements but take uptime seriously.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds average usage and negatively impacts the Service for other customers. We will attempt to contact you before taking action.
3. We take measures to protect and secure your data through backups, redundancies, and encryption. All data is encrypted in transit via TLS.
4. You agree that TestNod may process your data as described in our Privacy Policy and for no other purpose. We may access your data only in the following circumstances:
   • To help you with a support request, with your express consent.
   • To fix an error in automated processing, looking at only the minimum data necessary.
   • To ensure the security of the Service or investigate potential abuse.
   • To the extent required by applicable law.
5. We use third-party vendors and hosting partners to provide the Service. A list of subprocessors is available in our Privacy Policy.
6. Under the California Consumer Privacy Act ("CCPA"), TestNod is a "service provider," not a "business" or "third party," with respect to your use of the Service. We process your data only for the purpose you signed up for and as described in these Terms and our Privacy Policy.

Copyright and Content Ownership

1. All content uploaded to the Service must comply with applicable copyright law.
2. You grant us a limited license to use the content you upload in order to provide the Service to you. We claim no ownership rights over your data. All data you upload remains yours.
3. We do not pre-screen content, but we reserve the right to refuse or remove any content available via the Service at our sole discretion.
4. The Company owns all right, title, and interest in the Service itself, including all intellectual property rights. You may not duplicate, copy, or reuse any portion of the application code, visual design elements, or branding without express written permission.

API Terms

We may offer APIs or integration tools (including the TestNod GitHub Action and CLI uploader) to interact with the Service. Use of any API or integration tool is bound by these Terms plus the following:

1. You understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party tools that access the Service via the API.
2. Abuse or excessively frequent requests to the Service via the API may result in temporary or permanent suspension of your API access. We will attempt to warn you before taking action, but may cut off access without notice if your usage causes downtime or degrades performance for other customers.
3. We may introduce rate limits, usage quotas, or other restrictions on API usage at any time.

Liability

You agree that the Company is not liable to you or to any third party for damages of any kind that result from the use of the Service, inability to access data, or unauthorized access to your data or account. The Company is also not liable for damages of any kind related to actions of any third party that uses the Service, or any other consequences related to these Terms or the Service.

In no event shall the Company's total liability to you for all claims arising from or related to the Service exceed the amount you paid to the Company in the twelve (12) months preceding the claim.

Questions

If you have questions about any of these Terms, contact us at [email protected].