Terms of Service

Definitions

Service Description and License

2.2 Service Architecture

The Service operates on a zero-trust, peer-to-peer architecture where:

• Test communications stream directly between Customer's trusted nodes
• Minimal data is stored centrally (only essential device metadata)
• Applications and test commands are processed locally on Customer's machines
• End-to-end encryption protects all data in transit

2.3 License Grant

Subject to this Agreement and payment of applicable fees, Izinga Software grants Customer a limited, non-exclusive, non-transferable, worldwide license to access and use the Service during the Subscription Term, solely for Customer's internal business purposes and in accordance with the Documentation.

2.4 Service Availability

We strive to provide reliable service but do not guarantee uninterrupted availability. The Service may be subject to maintenance, updates, or unforeseen outages. We do not currently offer formal Service Level Agreements (SLAs) or uptime guarantees.

Acceptable Use Policy

3.1 Permitted Use

Customer may use the Service for legitimate mobile application testing purposes using Customer's own devices and applications in compliance with all applicable laws and regulations.

3.2 Prohibited Activities

Customer shall not, and shall not permit any Authorized User to:

• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with, disrupt, or compromise the Service, servers, or networks
• Upload or transmit malicious code, viruses, or other harmful content
• Violate any applicable laws, regulations, or third-party rights
• Reverse engineer, disassemble, or decompile the Service
• Include real payment card information, financial account numbers, or other sensitive personal data in test cases or applications
• Store, process, or transmit real personal data subject to special protection requirements
• Bypass security measures or attempt to access data belonging to other users
• Use the Service in a manner that exceeds reasonable usage patterns or harms service performance

3.3 Violation Consequences

Violation of this Acceptable Use Policy constitutes a material breach and may result in immediate suspension or termination of Customer's account.

Subscription Plans and Billing

4.1 Service Plans

4.2 Payment Terms

• Billing Cycle: Monthly in advance for Pro Plan subscriptions
• Payment Method: Customer must provide valid payment method via Razorpay
• Currency: All fees in USD plus applicable taxes
• Data Limits: 100GB monthly data transfer limit per account

4.3 Refund and Cancellation Policy

• All fees paid are generally non-refundable
• Refund requests may be considered on a case-by-case basis at our sole discretion
• Customer may cancel subscription at any time through account settings
• Cancellation effective at end of current billing cycle

4.4 Overages and Suspension

Exceeding data limits may result in service throttling or additional charges. Accounts overdue by 30+ days may be suspended until payment is received.

Data Ownership and Management

5.1 Customer Data Ownership

Customer retains full ownership of all Customer Data, including test applications, test results, and any content uploaded or generated through the Service.

5.2 Data We Collect and Store

5.3 Data Retention and Deletion

• Automatic Deletion: Data is automatically deleted according to retention schedule
• Account Cancellation: Account becomes inactive; logs deleted within 1 month, other data within 1 year
• Legal Retention: Some data may be retained longer for legal and compliance requirements
• Early Deletion: Requests considered case-by-case by contacting [email protected]

5.4 Data Export

Customer may export account data and test history through the account dashboard or by request.

Privacy and Security

6.1 Zero-Trust Architecture

The Service is built on security-first principles:

• Peer-to-Peer Connections: Data streams directly between Customer's nodes using end-to-end encryption
• Minimal Central Storage: Only essential device metadata stored centrally
• Local Processing: Test commands and application logic execute on Customer's trusted machines
• Direct App Sharing: Application binaries shared directly between nodes, not via central storage

6.2 Security Measures

We implement industry-standard security measures including:

• End-to-end encryption for all P2P communications
• Secure authentication and access controls
• Regular security monitoring and updates
• Data encryption at rest and in transit

6.3 Customer Security Responsibilities

Customer is responsible for:

• Securing their own devices and maintaining appropriate access controls
• Using only test/dummy data for sensitive information (payment cards, personal data)
• Ensuring compliance with applicable data protection regulations
• Immediately notifying us of any security incidents at [email protected]

Intellectual Property Rights

7.1 Izinga Software Rights

Izinga Software and its licensors retain all right, title, and interest in the Provider IP, including the Service, Documentation, underlying technology, and related intellectual property.

7.2 Customer Rights

Customer retains all rights to Customer Data and applications tested through the Service. Customer grants Izinga Software a limited, non-exclusive license to use Customer Data solely as necessary to provide the Service.

7.3 Feedback License

Any feedback, suggestions, or recommendations provided by Customer become the exclusive property of Izinga Software with a perpetual, irrevocable license to use without compensation.

7.4 Third-Party Rights

Customer represents that it has necessary rights to test applications and content through the Service and will not infringe third-party intellectual property rights.

Warranties and Disclaimers

9.1 Mutual Warranties

Each party represents that it has the legal authority to enter into this Agreement and that its performance will not violate any other agreement to which it is bound.

9.2 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." IZINGA SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 Customer Warranties

Customer warrants that it will use the Service in compliance with this Agreement and all applicable laws, and that Customer Data will not violate any third-party rights.

Limitation of Liability and Indemnification

10.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Total Liability Cap: Each party's total liability shall not exceed the fees paid by Customer in the 12 months preceding the claim
• Exclusion of Damages: Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or data

10.2 Exclusions from Limitations

Liability limitations do not apply to:

• Indemnification obligations
• Breach of confidentiality
• Gross negligence or willful misconduct
• Customer's payment obligations
• Violations of the Payment Card and Sensitive Data Policy

10.3 Customer Indemnification

Customer agrees to indemnify and hold harmless Izinga Software from claims arising from:

• Customer's use of the Service in violation of this Agreement
• Customer Data or applications tested through the Service
• Customer's violation of applicable laws or third-party rights
• Inclusion of real sensitive data in violation of Section 8

Confidentiality

11.1 Definition

Confidential Information includes information designated as confidential or that reasonably should be understood as confidential. Customer's Confidential Information includes Customer Data; Izinga Software's includes Provider IP and Agreement terms.

11.2 Protection Obligations

Each party will:

• Use reasonable care to protect the other's Confidential Information
• Not disclose Confidential Information except as permitted by this Agreement
• Use Confidential Information solely for purposes of this Agreement

11.3 Exceptions

Obligations do not apply to information that is publicly available, independently developed, or rightfully received from third parties.

Term and Termination

12.1 Agreement Term

This Agreement begins when Customer accepts these Terms and continues until terminated. Paid subscriptions auto-renew monthly unless cancelled.

12.2 Termination Rights

• By Customer: At any time through account settings (effective end of billing cycle)
• By Izinga Software: For material breach with 30 days' cure period, or immediately for severe violations

12.3 Effect of Termination

Upon termination:

• All access rights immediately cease
• Data handled according to retention policy (Section 5.3)
• Survival: Sections 5, 7, 8, 10, 11, and 13 survive termination

General Provisions

13.1 Governing Law and Jurisdiction

This Agreement is governed by the laws of India. Disputes shall be resolved exclusively in the courts of Hyderabad, Telangana, India.

13.2 Entire Agreement

This Agreement and the Privacy Policy constitute the entire agreement between the parties and supersede all prior agreements.

13.3 Modifications

We may modify these Terms by posting updated versions on our website. Material changes will be communicated via email or service notifications. Continued use constitutes acceptance.

13.4 Assignment and Transfer

Customer may not assign this Agreement without written consent. Izinga Software may assign without restriction.

13.5 Severability and Waiver

If any provision is unenforceable, the remainder continues in effect. Failure to enforce any provision does not constitute waiver.

13.6 Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, government actions, or network outages.

Contact Information