Terms of Service

By accessing, browsing, or using the TestFactors platform, website, or any associated services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, "you" and "your" will refer to that organization.

If you do not agree to these Terms, you must immediately discontinue use of our Services. Your continued use of the Services constitutes your acceptance of these Terms and any updates or modifications thereto.

TestFactors provides an AI-powered quality assurance and test automation platform specifically designed for SAP SuccessFactors implementations. Our Services include, but are not limited to:

• Test Management Hub: Centralized test case management, cycle planning, defect tracking, and readiness reporting

• Automated Test Script Creation: AI-generated test cases based on your SuccessFactors configuration

• End-to-End Test Automation: Automated test execution with evidence capture and traceability

• Analytics and Reporting: Real-time dashboards, AI insights, and audit-ready documentation

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

To use our Services, you must be at least 18 years of age and have the legal capacity to enter into binding contracts. By using our Services, you represent and warrant that you meet these eligibility requirements.

When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.

You agree to immediately notify TestFactors of any unauthorized use of your account or any other breach of security. TestFactors will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or have been inactive for an extended period.

Access to certain features of our Services requires a paid subscription. By subscribing to a paid plan, you agree to pay all applicable fees as described in your order form or the pricing page at the time of purchase.

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

Any free trials, promotional credits, or custom commercial terms shall be governed by the applicable order form or written agreement.

We reserve the right to change our pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following notice of the change.

If payment fails or your account becomes past due, we may suspend or terminate your access to the Services. You remain responsible for any outstanding amounts owed.

Taxes are not included in our fees unless otherwise stated. You are responsible for paying all applicable taxes, and we may charge you for such taxes if required by law.

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not use our Services to:

• Violate any applicable local, state, national, or international law or regulation

• Transmit any material that is defamatory, obscene, fraudulent, or otherwise objectionable

• Attempt to gain unauthorized access to any portion of the Services, other accounts, or computer systems

• Interfere with or disrupt the integrity or performance of the Services or related systems

• Upload or transmit viruses, malware, or other malicious code

• Reverse engineer, decompile, or disassemble any aspect of the Services

• Use the Services to develop a competing product or service

• Resell, sublicense, or redistribute the Services without prior written consent from TestFactors

• Use automated means (bots, scrapers) to access the Services except as expressly permitted

Violation of these restrictions may result in immediate termination of your account and legal action.

You retain all ownership rights to the data you submit to our Services ("Customer Data"). By using our Services, you grant TestFactors a limited license to use, process, and store your Customer Data solely for the purpose of providing the Services to you.

For purposes of applicable data protection laws, TestFactors acts as a data processor, and the customer acts as the data controller, unless otherwise agreed in writing.

TestFactors implements industry-standard security measures to protect your Customer Data, including encryption in transit and at rest, access controls, and regular security audits. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

You are responsible for maintaining backups of your Customer Data and ensuring that your use of the Services complies with applicable data protection laws, including GDPR and CCPA where applicable.

Upon termination of your account, we will delete your Customer Data within 90 days, except as required to comply with legal obligations or resolve disputes.

The Services, including all content, features, functionality, software, and technology, are owned by TestFactors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

TestFactors grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our software, unless permitted by law or with our written consent.

Any feedback, suggestions, or ideas you provide regarding the Services may be used by TestFactors without any obligation to compensate you.

All trademarks, service marks, and trade names displayed on our Services are the property of their respective owners.

Our Services may integrate with or contain links to third-party services, including SAP SuccessFactors, Azure DevOps, TestRail, and other platforms. These third-party services are governed by their own terms and privacy policies.

TestFactors is not responsible for the content, privacy practices, or operations of third-party services. Your use of third-party integrations is at your own risk.

You are responsible for ensuring that your use of third-party integrations complies with the terms of service of those platforms and any applicable licensing requirements.

We may modify or discontinue support for third-party integrations at any time without notice.

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

TestFactors does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that any defects will be corrected or that the Services will meet your specific requirements.

While our AI-powered features are designed to improve testing efficiency, TestFactors does not guarantee that AI-generated test cases or recommendations will be complete, accurate, or suitable for your specific configuration. AI-generated outputs are provided for informational and testing purposes only and do not constitute professional, legal, or compliance advice.

You acknowledge that the use of the Services is at your sole risk and that you are responsible for validating all test results and recommendations before relying on them in production environments.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TESTFACTORS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.

IN NO EVENT SHALL TESTFACTORS TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO TESTFACTORS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if TestFactors has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless TestFactors and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys fees) arising out of or related to:

• Your use of the Services or violation of these Terms

• Your violation of any applicable law or regulation

• Your violation of any third-party rights, including intellectual property rights

• Any Customer Data you submit to the Services

• Any dispute between you and a third party related to your use of the Services

TestFactors reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

These Terms are effective until terminated by either party. You may terminate your account at any time by contacting our support team or through your account settings.

TestFactors may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms or if we discontinue the Services.

Upon termination: (a) your right to use the Services will immediately cease; (b) you must cease all use of the Services; (c) any outstanding fees become immediately due; and (d) we may delete your account and Customer Data.

Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution.

TestFactors reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date.

For material changes, we will provide at least 30 days notice before the changes take effect. Your continued use of the Services after the effective date constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must discontinue use of the Services before the changes take effect. Disputes arising before any modification will be governed by the Terms in effect at the time the dispute arose.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties for a period of at least 30 days.

If the dispute cannot be resolved through negotiation, either party may initiate binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware, and the decision of the arbitrator shall be final and binding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

Entire Agreement: These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and TestFactors regarding the Services and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: The failure of TestFactors to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder without the prior written consent of TestFactors. TestFactors may assign these Terms without restriction.

Force Majeure: TestFactors shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, or government actions.

Notices: We may provide notices to you via email, posting on the Services, or other reasonable means. You may provide notices to us at the address listed below.

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

TestFactors LLC

Wilmington, Delaware, USA

For legal inquiries, please use our contact form on the website.

For support-related questions, please visit our Help Center or contact our support team through the platform.