Terms of Service

Agreement to Terms

By accessing or using TestPlanIt, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not use our services.

These terms apply to our hosted services, including trial, demo, and evaluation accounts. Your use of the TestPlanIt software itself is governed by the applicable software license described below. Where you have signed a separate written agreement with TestPlanIt LLC, that agreement controls to the extent of any conflict with these terms.

Dual License Model

TestPlanIt is available under a dual license model:

Open Source License - AGPL-3.0

TestPlanIt is open-source software licensed under the GNU Affero General Public License v3.0 (AGPL-3.0). You are free to use, modify, and distribute the software in accordance with the terms of the license. The source code is available on GitHub.

The AGPL-3.0 license requires that if you modify and distribute the software, or use it to provide a network service, you must make the source code available under the same license.

Commercial License

For organizations that wish to use TestPlanIt in proprietary software without open-sourcing their code, or require professional support, commercial licenses are available. Contact [email protected] for more information.

Self-Hosted Deployment

When you self-host TestPlanIt:

• You are responsible for your own infrastructure and data
• You must comply with all applicable laws and regulations
• We provide the software "as is" without warranty of any kind
• You are responsible for maintaining security and backups

Hosted Services and Trial Accounts

In addition to the self-hosted software, we operate hosted services, including trial, demo, and evaluation accounts. The hosted services are intended for business use, and by registering you confirm that you are acting on behalf of a business or organization rather than as a consumer. The following applies to any hosted account:

• Trial accounts are provided free of charge, at our discretion, and for evaluation purposes only
• Any stated trial period is a maximum, not a guaranteed term of access, and confers no entitlement to any minimum period of service
• You are responsible for all activity that occurs under your account and for keeping your credentials confidential
• You must provide accurate registration information and must not register on behalf of another person or entity without authorization
• Hosted services are provided without any service level commitment unless a separate written agreement states otherwise
• You must not use trial accounts to benchmark, replicate, or build a competing service, or to circumvent usage limits through multiple registrations

Fees, Billing, and Renewal

The following applies to paid hosted subscriptions. Every plan includes every feature and unlimited users. Current prices are listed on our pricing page.

• You may pay monthly or annually. Annual billing is discounted 15% relative to the monthly price
• Monthly plans are invoiced at the start of each billing month and continue until you cancel. You may cancel at any time by notifying us before the next invoice is issued; the current billing month is not affected
• Annual plans do not renew automatically. An annual plan renews only when you ask us to renew it
• Invoices are due 15 days after the invoice date
• Existing customers keep their current price. If we change our published prices, the change applies to new subscriptions only, and your price does not increase while your subscription remains active, including renewals of an annual plan
• Fees are non-refundable. We do not issue refunds or credits for partial billing periods, unused time, or downgrades, except where we terminate your paid subscription for reasons other than your breach of these terms, as described in the Suspension and Termination section below
• Prices do not include taxes. You are responsible for any sales, use, value-added, withholding, or similar taxes that apply to your subscription, other than taxes on our income. If you are required by law to withhold tax from a payment, you will increase the payment so that we receive the full invoiced amount

Acceptable Use

You agree not to:

• Use the service for any illegal purpose
• Violate any laws in your jurisdiction
• Infringe on intellectual property rights of others
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to systems
• Probe, scan, or test the vulnerability of our systems, or breach, circumvent, or defeat any authentication, authorization, rate limiting, tenancy isolation, or other security or access control measure
• Access, or attempt to access, any account, data, or portion of the service that you are not authorized to access
• Conduct penetration testing, automated scanning, or security research against our hosted services without our prior written permission
• Interfere with or disrupt the integrity, performance, or availability of the service, including through excessive automated requests
• Share, sell, or transfer your account credentials, or permit access by anyone other than your authorized users
• Use automated means to scrape, harvest, or extract data from the service except through documented interfaces
• Resell, sublicense, or provide the hosted service to third parties

If you believe you have discovered a security vulnerability, do not exploit it. Report it to us through our security page. Good-faith reports made in accordance with that policy are welcome; unauthorized testing is not.

Suspension and Termination

We may suspend or terminate your access to our hosted services, including any trial, demo, or evaluation account, at any time and without prior notice, for any reason, including suspected violation of these terms or conduct we consider a risk to our systems, our other users, or third parties. Where a paid subscription is subject to a separate written agreement, the termination provisions of that agreement apply instead.

If we terminate a paid subscription for reasons other than your breach of these terms, we will refund any prepaid fees for the unused portion of your subscription period.

Suspension for Nonpayment

Suspension of a paid subscription for an unpaid invoice follows a separate process:

• If an invoice remains unpaid 30 days after the invoice date, we will send you a written warning
• If the invoice remains unpaid 45 days after the invoice date, we may suspend your account. While suspended, you and your users cannot access the account, but your data is kept safe
• Paying all outstanding amounts restores access. Data for a suspended account is retained for a limited period as described in the Data Retention and Deletion section below

You may stop using the hosted services and request closure of your account at any time through our contact page.

We may also decline to provide services to any person or organization, and may refuse or close accounts created to circumvent a prior suspension or termination.

Termination does not limit any other right or remedy available to us. The sections covering Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Governing Law survive termination.

Data Retention and Deletion

For hosted accounts, we retain the content you create only as long as needed to provide the service. Trial account content may be deleted at or after the end of the trial period, or immediately upon termination for violation of these terms, and we are under no obligation to retain or return it.

Data for a paid account that is cancelled or not renewed is retained for 30 days after the subscription ends so that you can export it, then permanently deleted within a further 30 days. Data for a paid account suspended for nonpayment is retained for 30 days after the date of suspension, then permanently deleted within a further 30 days unless the outstanding balance is paid. Once deleted, data cannot be recovered.

Regardless of account status, we will always permanently destroy your data when you request it in writing. We remove the data from our live systems within 30 days of your request. Copies in encrypted backups are not accessible through the service, are never used to restore deleted data except to recover from a failure of the service as a whole, and expire according to the backup retention period described on our security page. If we restore from a backup, we re-apply any deletions made since that backup was taken. Once we have destroyed your data, it cannot be recovered, so request a copy of anything you need before asking us to delete it.

We may retain security, access, and audit logs, and records necessary to comply with legal obligations, resolve disputes, or enforce our agreements, for as long as we have a legitimate business or legal need to do so, including after an account is closed.

You may request a copy of your data at any time by contacting us in writing, and we will provide it in a portable format. If you need a copy after closing your account, request it before the account is closed or before any retention period described above ends. For information on how we handle personal data, including your rights to access and erasure, see our privacy policy.

Intellectual Property

The TestPlanIt name, logo, and branding are trademarks. While the software is open source, trademark rights are separate from the software license. Please refer to our branding guidelines for proper use of our marks.

You retain all rights to the content you upload to our hosted services. You grant us only the limited rights necessary to host, process, back up, and display that content for the purpose of providing the service to you.

Disclaimer of Warranties

TestPlanIt 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 hosted services will be uninterrupted, error-free, or secure, or that any data will be preserved, except as described in the Data Retention and Deletion section.

Limitation of Liability

To the maximum extent permitted by law, TestPlanIt and its contributors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, or data.

To the maximum extent permitted by law, our total cumulative liability arising out of or relating to these terms or the hosted services shall not exceed the amounts you paid us for the service in the twelve months preceding the claim. For free, trial, demo, and evaluation accounts, no fees have been paid and our total cumulative liability shall not exceed one hundred U.S. dollars ($100).

Governing Law

These terms are governed by the laws of the State of Wisconsin, without regard to its conflict of law provisions. Any dispute arising out of or relating to these terms or the hosted services shall be subject to the exclusive jurisdiction of the state and federal courts located in Outagamie County, Wisconsin, and you consent to personal jurisdiction and venue in those courts.

If any provision of these terms is found unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Changes to Terms

We reserve the right to modify these terms at any time. We will indicate changes by updating the "Last updated" date at the top of this page, and for material changes affecting hosted accounts we will make reasonable efforts to notify account holders by email. Your continued use of the service after changes take effect constitutes acceptance of the revised terms.

Contact

For questions about these Terms of Service, please contact us through our contact page.