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Terms of Services

Effective Date: March 18, 2026

Autify's Terms of Services (these "Terms") set forth the terms and conditions concerning the provision of the Services (as defined below) and establishes the rights and obligations between you as an individual or on behalf of the company or entity that you represent ("you") and Autify, Inc. (a corporation incorporated in the State of Delaware, U.S.A. ("Autify," "we" or "us"). If you as an individual accept these Terms on behalf of your company or entity, you must have, and you represent that you have, full legal authority to bind your company or entity to these Terms.

THESE TERMS AND THE AGREEMENT BETWEEN US ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 25. BY REGISTERING FOR OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.

1. Definitions

The following terms used in these Terms shall have the meaning set forth in each of the following items:

(a) "Member" or "you" means any individual, corporation, or entity who has registered to use our Services in accordance with Section 2 (Registration and Execution of the Service Agreement).

(b) "Services" means Autify's software-as-a-service product named "Aximo," an AI-powered test automation platform as described in more detail at www.autify.com (in the event the name is changed for any reason, the equivalent service provided under the new name). We may add, change, or delete the contents or functions of the Services from time to time.

(c) "Service Agreement" means the agreement between you and us regarding the use of the Services as set forth further in Section 2.3 below.

(d) "User Information" means all information registered or submitted to us through or in connection with the Services, including but not limited to account information, test specifications, test scripts, uploaded documents, screenshots, interaction logs, AI agent conversation histories, and any data generated or stored during test execution sessions.

(e) "Confidential Information" means all information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects, other than information that the receiving party can establish was publicly known, received without restriction from a third party, or independently developed without reference to the disclosing party's information.

(f) "IP Rights" means any and all intellectual property rights including, but not limited to, patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, and any other proprietary rights or intangible assets.

(g) "AI Processing" means the use of artificial intelligence and machine learning models, including large language models, to analyze User Information and generate outputs such as test actions, test summaries, test results, and recommendations.

(h) "Third-Party AI Providers" means external artificial intelligence service providers whose models are used to power the AI features of the Services, as listed in our Sub-Processor List.

(i) "Credits" means the unit of account used to measure and allocate usage of the AI features of the Services, as further described in Section 8.

2. Registration and Execution of the Service Agreement

2.1 Any person who wishes to use the Services must register to use the Services in accordance with this Section 2.

2.2 Each Member must register their true name, contact information, and all other registration information (collectively, "Registry Information") that we require when applying to use the Services.

2.3 A Service Agreement shall be established between you and us at the time you complete your registration. Once the Service Agreement is established, you may use the Services in accordance with these Terms.

2.4 We may refuse to accept a registration if we determine that the applicant falls under any of the following items, and we are not obligated to disclose the reason for such refusal:

  • (a) The applicant has provided false information during registration;
  • (b) The applicant has previously been suspended from using the Services due to a violation of these Terms;
  • (c) The applicant is a minor without the consent of their legal guardian;
  • (d) We otherwise determine that registration is inappropriate.

3. Changes to the Terms

3.1 We may revise and update these Terms at our discretion. If we make material changes, we will use reasonable efforts to notify you by posting the updated Terms on our website, through in-product notifications, or by other means. Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the revised Terms.

3.2 If you do not agree to the revised Terms, you must stop using the Services and terminate your Service Agreement in accordance with Section 22.

4. Management of Your Password and User ID

4.1 You shall manage and store your password and user ID for the Services appropriately, at your own responsibility. You may not rent, sell, transfer or otherwise allow a third party to use your user ID and password.

4.2 You become fully responsible for, and thus we shall not be liable for, any damage caused by your password or user ID for the Services being used by anyone other than you; provided, however, that this shall not apply if such damage is due to reasons attributable to us.

4.3 API keys generated through the Services are subject to the same restrictions as passwords and user IDs. You are solely responsible for the security of your API keys and any actions taken using them.

5. Prohibitions

Upon using the Services, you may not conduct acts that fall under any of the following items:

  • (a) Breach of applicable laws or the Service Agreement;
  • (b) Acts related to criminal acts or otherwise against public policy;
  • (c) Infringement of the IP Rights, portrait rights, rights to privacy, reputation, or other rights or interests of Autify, any Member, other users of our Services, or any third party;
  • (d) Transmitting harmful programs or code, including viruses, through or in relation to the Services;
  • (e) Acts that may interfere with the operation or servers of the Services;
  • (f) Attempts to gain unauthorized access to the Services, other members' accounts, or connected third-party systems;
  • (g) Collecting information of other Members without authorization;
  • (h) Using the AI agent features to automate testing of systems or applications for which you do not have authorization;
  • (i) Using the Services to perform or facilitate reverse engineering of any third-party product or service;
  • (j) Any other acts that we determine to be inappropriate.

6. On-Premises Version

6.1 Where Autify separately offers an on-premises version of the Services, you may use such version in accordance with conditions separately specified by Autify. The use of the on-premises version shall be subject to your agreement to these Terms and to the installation and operation in accordance with the deliverables and procedures specified by Autify.

6.2 You shall be responsible for installing and operating the on-premises version in the operating environment specified by Autify. Unless otherwise agreed, Autify shall not be obligated to provide installation services or operational support for the on-premises version.

6.3 If any malfunction or defect occurs in connection with the on-premises version, you shall promptly provide Autify with the logs, system configuration information, reproduction steps, and any other information necessary for Autify to investigate and respond to the issue.

7. Your Responsibilities

It is your responsibility to prepare an appropriate work environment that is required to use our Services (including, but not limited to, internet access, hardware such as personal computers, and software such as web browsers) at your own expense, and thus we are not responsible for preparing such environment.

You are responsible for maintaining the accuracy of your Registry Information and notifying us promptly of any changes in the manner we instruct. Autify shall not be responsible for any damage you suffer as a result of your failure to promptly update such information. You are also responsible for ensuring that your use of the Services complies with all applicable laws and regulations in your jurisdiction, including but not limited to data protection laws applicable to any personal data that may be processed through the Services.

8. Service Fees, Credits, and Payment Method

8.1 The service fees for the Services shall be as separately determined by Autify. Autify may change its service fees at any time in its sole discretion. Any changes to service fees will apply to all new Service Agreements and orders and renewals of previously executed Service Agreements and orders.

8.2 You shall pay all applicable fees in US dollars. Unless otherwise agreed, fees shall be billed on a monthly or annual basis as elected at time of purchase, in advance, and are non-refundable except as expressly provided herein or required by applicable law.

8.3 Late payments will incur interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower, from the date payment was due until actually paid.

Credit System

8.4 Access to AI-powered features of the Services is governed by a credit-based usage system. Each organization account is allocated Credits according to the following categories:

  • (a) "Plan Credits" — Credits allocated as part of your subscription plan. Plan Credits are granted at the start of each billing cycle and expire at the end of that billing cycle. Unused Plan Credits do not roll over.

  • (b) "Purchased Credits" — Credits purchased separately as add-ons in addition to your subscription plan. Purchased Credits do not expire and roll over from billing cycle to billing cycle until used.

  • (c) "On-Demand Credits" — When both your Plan Credits and Purchased Credits are exhausted, the Services may automatically draw from On-Demand Credits to allow uninterrupted test execution. On-Demand Credits are billed at rates separately specified by Autify and are charged to your payment method on file. ON-DEMAND CREDIT USAGE CAN RESULT IN CHARGES BEYOND YOUR BASE SUBSCRIPTION FEE.

8.5 You may configure a maximum spending limit for On-Demand Credits within your organization account settings. Once this limit is reached, AI-powered test execution will pause until the limit is increased or additional Credits are purchased. If no limit is configured, On-Demand Credit usage is uncapped and billed according to actual consumption.

8.6 Credit consumption rates vary based on the AI model selected and the testing platform used. Current consumption rates are published on the pricing page and within the Services, and may be updated from time to time. It is your responsibility to review the applicable rates before use.

8.7 If a test session terminates unexpectedly, any Credits allocated to that session but not consumed will be returned to your account balance.

8.8 Upon cancellation or termination of your Service Agreement:

  • (a) unused Plan Credits expire immediately;
  • (b) unused Purchased Credits are non-refundable unless otherwise required by applicable law;
  • (c) any outstanding On-Demand Credit charges will be billed to your payment method on file.

9. Intellectual Property Rights

9.1 Autify retains all right, title, and interest in and to the Services and all related IP Rights, including all software, technology, and content provided through the Services ("Services-Related IP Rights"). You acquire no right, title, or interest in the Services or the Services-Related IP Rights except for the limited license expressly granted to you herein or the Service Agreement.

9.2 You retain ownership of any and all rights pertaining to your User Information.

9.3 You are solely responsible for ensuring that you have any and all other third-party rights and licenses necessary for you to use the Services, including the right to submit any User Information to the Services.

9.4 Autify shall own all right, title, and interest relating to any and all inventions, works of authorship, designs, know-how, ideas, and information made or conceived or reduced to practice, in whole or in part, using the Services. You hereby agree to make all assignments necessary to accomplish the foregoing ownership.

9.5 Without limiting any other restrictions and limitations in these Terms on your use of the Services, you may not: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Services or any content appearing therein except as may be permitted by applicable law; (ii) remove any copyright, trademark, or other proprietary rights notices contained in or displayed on the Services; (iii) sublicense, resell, transfer, or otherwise provide access to the Services to any third party without our prior written consent; or (iv) use the Services, including any APIs, to build, power, or operate any product or service offered to third parties, whether as a standalone offering, embedded component, or white-label solution, without our prior written consent.

10. User Information

10.1 You grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and process your User Information solely for the purpose of providing, operating, maintaining, and improving the Services.

10.2 We may use aggregated, de-identified User Information and performance data for the limited purposes of upgrading and improving the quality, function, and performance of our Services. We shall remove any content of your User Information if you ask us to do so with just reason or if otherwise required by applicable law.

10.3 You represent and warrant that you have full capacity and the necessary rights to perform data registrations or otherwise submit any User Information to us and that such User Information does not infringe upon any rights of third parties.

10.4 Notwithstanding the provisions of each of the preceding paragraphs, we may indicate a Member's name, logo, service mark, trademark, or other brand related thereto on our website or in marketing materials we distribute to the public. You give us a worldwide, free of charge, and perpetual license to use your name, logo, service mark, trademark, or other brand to the extent necessary for such purpose.

10.5 Data Retention. We retain User Information for so long as your account remains active or as needed to provide the Services. Upon termination of your Service Agreement, we will retain your User Information for a period of six (6) months, after which it will be permanently deleted within one (1) month, unless retention is required by applicable law. Upon your written request following termination, we will delete or anonymize your User Information within a commercially reasonable time, subject to our legal obligations. For further details, please refer to our Privacy Policy.

11. Suspension or Deletion of Registration

We may suspend or delete your registration, without prior notice, if:

  • (a) you are found to have violated any provision of these Terms;
  • (b) your registration information is found to contain false information;
  • (c) your fees remain unpaid for 30 or more days after their due date;
  • (d) you become insolvent, file for bankruptcy, or make a general assignment for the benefit of creditors; or
  • (e) we otherwise reasonably determine that continuation of your registration would be inappropriate.

Suspension or deletion of your registration does not relieve you of any obligation to pay fees that have accrued prior to such suspension or deletion.

12. Changes to or Suspension of the Services

We may change, add to, or delete any part of the Services at any time without prior notice, and we shall not be liable to you for any such changes. We may suspend the provision of the Services: (a) for scheduled or emergency maintenance; (b) due to circumstances beyond our reasonable control (force majeure); or (c) as otherwise determined to be necessary by Autify in its sole discretion. We will use reasonable efforts to provide advance notice of scheduled maintenance.

13. Third-Party Services and Links

The Services may contain links to or integrate with third-party websites or services, including but not limited to GitHub, Stripe, and external AI providers. We are not responsible for the content or practices of any third-party websites or services. Your use of third-party services is governed by their respective terms and privacy policies. Please refer to our Sub-Processor List for a list of key third parties used in the delivery of the Services.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AUTIFY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AUTIFY DOES NOT WARRANT, ENDORSE, OR GUARANTEE ANY THIRD-PARTY PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OR ANY NECESSARY CONTENT, DATA, OR CONNECTIONS WITH SERVERS OR OTHER NETWORKS OPERATED BY THIRD PARTIES.

WITHOUT LIMITING THE FOREGOING, AI-GENERATED OUTPUTS — INCLUDING TEST RESULTS, RECOMMENDED ACTIONS, TEST SUMMARIES, AND ANY OTHER OUTPUT PRODUCED BY THIRD-PARTY AI PROVIDERS — ARE PROBABILISTIC IN NATURE AND MAY CONTAIN ERRORS, INACCURACIES, OR OMISSIONS. AUTIFY EXPRESSLY DISCLAIMS ANY WARRANTY THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING AI-GENERATED TEST RESULTS BEFORE RELYING ON THEM IN PRODUCTION ENVIRONMENTS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO CASE SHALL AUTIFY (INCLUDING ITS AFFILIATES AND ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS OR LOST DATA, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER CAUSE OF ACTION, ARISING OUT OF OR RELATED TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR ACCESS OR INABILITY TO ACCESS THE SERVICES OR THE INTERRUPTION, SUSPENSION, TERMINATION, OR FAILURE OF THE SERVICES, IN WHOLE OR IN PART) OR YOUR USE OF ANY THIRD-PARTY SERVICES OR NETWORKS (INCLUDING THIRD-PARTY AI PROVIDERS) IN CONNECTION WITH THE SERVICES, OR YOUR FAILURE TO MAINTAIN APPROPRIATE SECURITY MEASURES ON YOUR SYSTEMS OR NETWORK, AND EVEN IF AUTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL AUTIFY'S TOTAL LIABILITY TO YOU IN CONNECTION IN ANY WAY WHATSOEVER WITH THE SERVICES FOR ALL DAMAGES, LOSSES, EXPENSES, AND CAUSES OF ACTION EXCEED THE FEES PAID BY YOU TO AUTIFY IN THE PRECEDING TWELVE (12) MONTHS. EVEN IF OUR LIABILITY IS NOT FULLY DISCLAIMED UNDER LAW, SUCH LIABILITY SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES INCURRED BY YOU AND SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO AUTIFY DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16. Indemnification

You agree to indemnify, defend, and hold harmless Autify and its affiliates and their officers, directors, shareholders, employees, contractors, and agents from any claims, demands, losses, costs, liabilities, and expenses (including attorneys' fees) relating to or arising out of: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content or data you submit, post, or transmit through the Services.

17. Confidentiality

17.1 Each party agrees to protect the other party's Confidential Information with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Neither party shall disclose the other party's Confidential Information to any third party, except to employees or contractors who need to know such information to perform their obligations under the Service Agreement and who are bound by confidentiality obligations no less protective than those set forth herein.

17.2 Each party may disclose the other party's Confidential Information to the extent required by law or court order, provided that the receiving party provides prompt written notice to the disclosing party (to the extent permitted by law) and cooperates with the disclosing party's efforts to seek a protective order or other appropriate relief.

17.3 The confidentiality obligations in this Section 17 shall not apply to information that: (a) is or becomes publicly known through no breach by the receiving party; (b) was rightfully received from a third party without restriction; (c) was independently developed by the receiving party without reference to the disclosing party's Confidential Information; or (d) was already known to the receiving party prior to disclosure.

18. Privacy

Your use of the Services is subject to Autify's Privacy Policy, which is incorporated into and forms part of these Terms. By using the Services, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your information as described therein.

19. AI Features

Your use of the AI-powered features of the Services is governed by Autify's AI Policy, which is incorporated into and forms part of these Terms. By using the AI features, you agree to be bound by the AI Policy.

20. Term and Termination

20.1 The Service Agreement shall commence on the date you complete your registration and shall continue for the initial subscription term selected at the time of purchase. Unless either party gives written notice to terminate at least fourteen (14) days prior to the end of the then-current subscription term, the Service Agreement shall automatically renew for successive periods equal to the initial term.

20.2 Either party may terminate the Service Agreement immediately upon written notice if the other party: (a) materially breaches the Service Agreement and fails to cure such breach within thirty (30) days after receiving written notice specifying the breach; (b) becomes insolvent, makes a general assignment for the benefit of creditors, or files for bankruptcy protection.

20.3 Upon termination or expiration of the Service Agreement for any reason: (a) all licenses granted to you under these Terms shall immediately terminate; (b) you shall immediately cease all use of the Services; (c) all outstanding fees and charges, including any On-Demand Credit charges, shall become immediately due and payable; and (d) each party shall return or destroy the other party's Confidential Information.

21. Organization Accounts

21.1 The Services are provided on an organization-scoped basis. The organization owner is the contracting party for purposes of the Service Agreement and is responsible for all fees and compliance obligations.

21.2 Organization administrators and owners have access to all data within their organization account, including test sessions, User Information, and usage data submitted or generated by any member of that organization. By joining an organization account, you consent to organization administrators and owners having access to your activity data within the Services.

22. Cancellation

You may cancel your Service Agreement at any time through the account settings within the Services or by contacting Autify. Cancellation will take effect at the end of your then-current billing period. You will retain access to the Services through the end of the paid period. All fees paid prior to cancellation are non-refundable except as expressly provided herein or as required by applicable law.

23. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to Section 25 (Arbitration), any legal proceedings arising out of or relating to these Terms that are not subject to arbitration shall be conducted in the federal or state courts of San Francisco County, California, and you hereby consent to personal jurisdiction in such courts.

24. General Provisions

24.1 Entire Agreement. These Terms, together with the Service Agreement, the Privacy Policy, the AI Policy, and any applicable order forms or statements of work, constitute the entire agreement between you and Autify with respect to the Services and supersede all prior and contemporaneous agreements, proposals, or representations.

24.2 Severability. If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

24.3 Waiver. No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach. All waivers must be in writing signed by an authorized representative of Autify.

24.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Autify. Autify may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

24.5 Force Majeure. Autify shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, acts of government, internet or telecommunications failures, or actions of third-party service providers.

24.6 Notices. Any notices or communications required under these Terms shall be sent to Autify at legal@autify.com and to you at the email address associated with your account.

25. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.

25.1 Autify and you agree to resolve any claim, dispute, or controversy between us arising out of or relating to these Terms or the Services through binding individual arbitration, except that either party may bring an individual action in small claims court. This agreement to arbitrate is intended to be broadly interpreted and includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

25.2 Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules or, if you are a Consumer (as defined below), its Consumer Arbitration Rules, in each case as amended by these Terms. The arbitration shall be conducted in San Francisco, California, unless the parties agree otherwise. The language of the arbitration shall be English.

25.3 If you are an individual using the Services for your personal or household use, you are a "Consumer," and the then-current version of the AAA's Consumer Arbitration Rules shall apply to any arbitration between you and Autify:

  • (a) YOU AND AUTIFY AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND AUTIFY ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

  • (b) For any arbitration you initiate, you will pay the Consumer filing fee, and Autify will pay the remaining AAA fees and costs. For any arbitration initiated by Autify, Autify will pay all AAA fees and costs.

  • (c) The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

25.4 You may opt out of this arbitration agreement within 30 days of the date you first accepted these Terms by sending a written notice to legal@autify.com with the subject line "Arbitration Opt-Out". If you opt out, neither party will have the right to require the other to participate in arbitration.

Last Updated: March 18, 2026 | Autify, Inc. | legal@autify.com