These Terms of Service (the “Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you” or “User”), and PhotonTest (“PhotonTest”, “Company”, “we”, “us”, or “our”), governing your access to and use of the PhotonTest platform and any related services, features, or integrations (collectively, the “Service”).
By accessing, registering for, or otherwise using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately cease use of the Service.
PhotonTest provides an artificial intelligence-powered software testing solution designed to interpret, process, and execute user-provided test cases, including but not limited to test cases imported from third-party systems. The Service operates as a technical interface and facilitation layer that enables automated execution of instructions derived from user inputs.
The User expressly acknowledges and agrees that the Service does not function as anindependent decision-maker, quality assurance authority, or substitute for professional testing processes. The outputs generated by the Service are the result of algorithmic interpretation of user-provided inputs and may vary depending on context, system conditions, and inherentlimitations of machine learning technologies.
Under no circumstances shall the Service be construed as providing guarantees regarding testing outcomes, system performance, or defect detection.
The Service is provided strictly on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, the Company expressly disclaims any and all warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability.
Without limiting the generality of the foregoing, the Company does not warrant that the Service will detect all defects, execute test cases accurately or consistently, produce complete or error-free results, or operate without interruption. The User acknowledges that outputs generated by the Service may be incomplete, incorrect, or subject to misinterpretation, particularly where natural language inputs are involved.
The User bears sole and exclusive responsibility for evaluating, verifying, and validating any outputs generated by the Service prior to relying on such outputs for any purpose, including but not limited to deployment decisions, quality assessments, or business operations.
The User further acknowledges that software testing is inherently probabilistic and that the use of artificial intelligence introduces additional uncertainty, variability, and interpretative risk. By using the Service, the User expressly assumes all risks associated with reliance on automated test execution and agrees that any decision to deploy, release, or otherwise act upon software remains entirely within the User’s discretion and responsibility.
Under no circumstances shall the Company be held responsible for any consequences arising from the User’s reliance on the Service’s outputs.
The Service incorporates artificial intelligence and machine learning technologies, the nature of which is inherently probabilistic and non-deterministic. As such, outputs may differ across executions and may not consistently reflect intended or expected interpretations of user-provided instructions.
The User acknowledges that the Service may misinterpret, simplify, or otherwise alter the meaning of test steps expressed in natural language, and that such behavior is an inherent limitation of current AI technologies. All outputs are provided for informational and assistive purposes only and do not constitute definitive or authoritative testing results.
The Service does not constitute professional testing, quality assurance certification, or technical advisory services, and no output generated by the Service shall be interpreted as a guarantee of software quality or readiness for deployment.
The User further acknowledges that certain features of the Service may be experimental in nature and subject to ongoing modification, refinement, or discontinuation.
The Company does not undertake any obligation to monitor, review, or validate outputs generated by the Service.
The User agrees that outputs generated by the Service are not intended to be relied upon without independent verification and shall not serve as the sole basis for any technical, operational, or business decisions.
The Service may enable integration with third-party platforms, tools, or services, including but not limited to test management systems. Such integrations are provided for convenience only and do not imply endorsement, control, or responsibility by the Company.
The Company makes no representations or warranties regarding the availability, functionality, security, or compatibility of any third-party services. The User’s interaction with such services is governed solely by the terms and conditions of the respective third parties, and the Company shall bear no liability arising from or related to such interactions.
The Company reserves the right, at its sole discretion and without prior notice, to modify, suspend, restrict, or discontinue the Service, in whole or in part, for any reason, including but not limited to maintenance, security concerns, or operational requirements.
The Company does not guarantee continuous availability, uninterrupted access, or error-free operation of the Service, and shall not be liable for any loss or damage resulting from downtime, delays, or service interruptions.
The Company shall not be responsible for any loss, corruption, or unavailability of data, including data stored in or transmitted through third-party integrations.
To the maximum extent permitted by applicable law, the Company, its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities, or reputational harm, arising out of or in connection with the use of, or inability to use, the Service.
In all cases, the total aggregate liability of the Company, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the User to the Company for the Service during the 9 (nine) months preceding the event giving rise to the claim.
The User retains all rights, title, and interest in and to any test cases, data, or content submitted to the Service. By submitting such content, the User grants the Company a non-exclusive, worldwide, royalty-free license to use, process, reproduce, and analyze such content solely for the purpose of providing, maintaining, and improving the Service.
The Company may utilize anonymized and aggregated data derived from User inputs to enhance system performance, including for the training and refinement of machine learning models, provided that such use does not identify the User or disclose confidential information.
Any feedback, suggestions, ideas, or other information voluntarily provided by the User to the Company shall be deemed non-confidential and non-proprietary. The Company shall have the unrestricted right to use, reproduce, modify, and incorporate such feedback into its products and services without any obligation to compensate the User.
The User agrees to use the Service in compliance with all applicable laws and regulations and not to engage in any activity that may interfere with or disrupt the integrity or performance of the Service. The User shall not attempt to gain unauthorized access to the Service, reverse engineer its components, or use it for unlawful or malicious purposes.
The Company reserves the right to suspend or terminate the User’s access to the Service at any time, with or without notice, where it reasonably believes that the User has violated these Terms or where such action is necessary to protect the integrity, security, or lawful operation of the Service.
Termination of access shall not relieve the User of any obligations incurred prior to such termination.
The User agrees to indemnify, defend, and hold harmless the Company and its affiliates from and against any claims, liabilities, damages, losses, or expenses, including any third-party claims,
arising out of or related to the User’s use of the Service, the User’s reliance on outputs generated by the Service, or the User’s violation of these Terms. This includes, without limitation, claims arising from software defects, system failures, or damages allegedly caused by reliance on such outputs.
Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Service shall be resolved exclusively through binding arbitration conducted on an individual basis. The User expressly waives any right to participate in class actions or collective proceedings.
The Company reserves the right to amend or update these Terms at any time. Continued use of the Service following the publication of revised Terms constitutes acceptance of such changes.
These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of laws principles.
The User is solely responsible for maintaining the confidentiality and security of any credentials, API keys, or authentication mechanisms used in connection with the Service or any third-party integrations. The Company shall not be liable for any unauthorized access, data loss, or security incident resulting from the User’s failure to adequately secure such credentials or from improper configuration of access permissions.
