Terms of Service

Updated: 11 April 2025

Introduction

Thank you for using our product. We believe in establishing long-term relationships with our customers, so we use plain English where possible, to make our terms as clear as possible.

When we say “Testpad”, “Company”, “we”, “our”, or “us” in this document, we are referring to Testpad Limited. Testpad Limited is a company registered in England and Wales with company number 07670236, and our VAT registration number is GB281288876.

When we say “Service” or “Services”, we mean our app (including any free, anonymous, trial or paid account) and our websites, including the services, product, and content found on testpad.com and any sub-domains (including [yourdomain].testpad.com).

When we say “You” or “your”, we are referring to the people or organizations that use any of our sites or services, including people or organizations that have been invited to use someone else’s company account.

We may update these Terms of Service (“Terms”) in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take other appropriate steps to notify account holders.

These Terms should be read in conjunction with our Privacy Policy - together they form our agreement with you (collectively referred to as the “Agreement”). Please read both documents carefully before accessing or using our Services.

Using our Services means accepting these Terms

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of these Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you disagree with our Terms or our Privacy Policy, please do not use our Services or interact with any part of our website.

System Requirements

To access our Services, you need a modern and up-to-date web browser such as Edge, Chrome, Firefox, or Safari, with cookies and javascript enabled.

Our Responsibilities

Upon your use of Testpad we grant you and your Authorized Users a non-exclusive, non-transferable, term license to access Testpad to:

• upload, store, retrieve, and process your Data including your test data, checklists, test scripts, results, and any other data you upload into Testpad or onto our website, and to
• integrate your Data with supported third-party systems.

Unless permitted by law, you have no right to reverse engineer, decompile, modify, copy, or create any derivative works of Testpad.

Your Responsibilities

Your use of Testpad brings with it certain responsibilities on your part:

• You are responsible for the security of your user name and password, the security of the user names and passwords of users you authorize within your organization, and for any use of our Services using your user name and password or user names and passwords authorized by you.
• You are responsible for authorizing Users within your account(s) and for all fees incurred by the Users you authorize. All Users must be persons at least 16 years of age and must provide their real name. We do not permit accounts registered by automated systems. All individuals must have their own username and password, username sharing is not permitted.
• You are responsible for the accuracy of any tests you perform using Testpad.
• You may not use Testpad to build a competing product.
• You may not circumvent any routine limitations we have placed on your account or a procedure unless we have an agreement with you for a custom account.
• You are responsible for the use of Testpad by your Authorized Users and any breach of this Agreement they may cause. You may not lease, loan, or license access to Testpad to persons outside your organization.
• The Data You Enter in Testpad
• You represent and warrant that any Data you upload, or otherwise insert or input into our services:
• Does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
• Is not spam and is not machine- or randomly-generated.
• Does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
• Is not harmful or indecent including pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
• Does not violate any third party Intellectual Property Rights.
• Is not used to generate or support unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods.
• Does not contain any personally identifying information which is information that can be related, associated, or linked to a particular individual or household directly or indirectly, such as a name, identification number, location, online identifier, or the physical, psychological, genetic, mental, economic, cultural, or social identity of a person.

We may at any time refuse or remove any content that, in our reasonable opinion, violates any policy of ours or is in any way harmful or objectionable. If we determine there has been a breach of these terms, we may terminate or suspend your access to Testpad without refund.

Reliability

Our systems are designed with load balancing and redundancy to deliver a highly reliable service. We monitor our services closely and have automated notifications to alert us to problems so that we can deal with any issues promptly. However, due to the inherent nature of the internet and cloud-based services, we do not guarantee that our Services will be accessible at all times.

Connecting to other Websites or Services

We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any third-party websites, or any transactions completed, and any contract entered into by you, with any third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us.

Your Account

You agree to maintain accurate contact and billing information in your profile. When you register for a paid subscription plan and choose a payment method, you authorize us and our payment processing partner, the right to charge the account you chose, such as your credit card, PayPal, or a direct bank transfer, for the recurring subscription fees according to the payment plan you purchased or as otherwise agreed in a purchase order (the “Fees”).

Your plan will renew automatically and your account will be charged unless you cancel your subscription or we terminate your access. Please see the instructions below for canceling your subscription.

All advertised fees exclude Value Added Tax (“VAT”) or any other sales tax. Depending on your location VAT may be added at time of purchase. You are responsible to ensure that any relevant taxes are paid.

We reserve the right to increase the Fees from time to time upon giving you at least 3 months prior notice. New fees shall apply to your ongoing subscription following notification of the increase.

Where payment of any Fees is not received on the due payment date, we reserve the right to suspend, disable, or partially disable access to your account.

In the event of needing to take legal action to recover unpaid fees, we reserve the right to recover any costs and reasonable legal fees we incur in recovering overdue payments.

Changing Your Plan

You may change a monthly subscription plan at any time and you can upgrade an annual or custom plan at any time. Plan changes work as follows:

• Monthly: If you upgrade, you immediately get access to the upgraded version of Testpad, but will not be billed at the new rate into the next monthly billing date. If you downgrade your monthly plan, your plan is immediately downgraded, but you will not see the reduced fee reflected until the next billing date.
• Annual: If you upgrade, you will immediately receive a pro-rated refund for the rest of the year on your current plan, and a pro-rated charge for the rest of the year on the new plan. If you downgrade, you will receive a pro-rated refund for the rest of the year on your current plan, and a pro-rated charge for the rest of the year on the new plan.
• Custom: Custom plans are invoiced annually with the number of users licensed generally agreed at each annual renewal. Custom plans can be upgraded at any time if agreed in writing, and may involve an invoice for the remainder of the year.

Queries about changes to plans and refunds should be sent by email to: support@testpad.com.

Canceling Your Subscription

You may cancel your monthly or annual subscription at any time by using the links provided within Testpad. If you have a custom plan, please see your plan agreement for details on cancellation. Ending your plan will be effective from the end of your current billing period.

Below you will find some of the conditions under which we may immediately terminate the Agreement or remove your access to Testpad:

• Breach by you or an Authorized User of the terms of this Agreement.
• Misuse of Testpad.
• Where we are prohibited under applicable law, or otherwise from providing Testpad.
• Where either of us is no longer in business, including: being unable to pay its debts or enters into compulsory insolvency or voluntary liquidation, or convenes a meeting of its creditors or has a receiver, manager or similar official appointed in respect of its assets, or has an administrator, receiver, manager or similar official appointed; or is affected by a similar event under the law of any other jurisdiction, or
• A Force Majeure Event occurs.

Consequences of Termination

Following termination for any reason:

• We shall suspend your access to Testpad.
• Depending on the circumstances, we reserve the right to not refund any unused days or months of any plan, and
• We shall delete all Data stored in our database, unless otherwise required by law. Logs may be kept for a period of time after termination.

All provisions of this Agreement which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Protecting Your Data

Each of us undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements.

Testpad is intended for use with test data only (“test data” here meaning any data in support of quality assurance activity, including but not limited to: words, prompts, test cases, test plans, templates, examples, numbers, statistics, generally available information, screenshots, graphics, unicode text, and links).

Liability

Testpad is provided “as is”. All warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose) are excluded to the fullest extent permitted by law.

Neither of us shall be liable to the other for any Consequential Loss or loss of profit (either direct or indirect) arising out of or related to this Agreement or in tort (including negligence or breach of statutory duty), whether based on contract, tort (including negligence or breach of statutory duty), misrepresentation or however arising, even if the party was advised of the possibility of such damages.

Our total liability to you in aggregate (whether in contract, tort or otherwise) for any and all claims relating to or arising under this Agreement or based upon any claim for indemnity or contribution shall be limited to the total Fees (excluding all taxes) paid by you to us during the 3 month period prior to the date on which any such claim arose.

Neither of us excludes or limits liability to the other for fraud, death or personal injury caused by negligent act or omission or willful misconduct.

You shall be responsible for any breaches of this Agreement caused by the acts, omissions or negligence of anyone you authorize to access or use Testpad as if such acts, omissions or negligence had been committed by you yourself.

Indemnity

You shall defend, indemnify, and hold us and our employees, sub-contractors or agents harmless from and against any costs, losses, liabilities and expenses, including reasonable legal costs arising from any claim relating to or resulting directly or indirectly from any breach of the terms of this Agreement by an Authorized User.

Our Relationship with You

Should any part of this Agreement be found to be invalid or become invalid then the legal effect of the other provisions shall be unaffected.

If we are prevented from providing services due to Force Majeure, then we will be excused from providing services for the duration of the Force Majeure.

This Agreement constitutes the whole agreement and understanding between us and supersedes all prior agreements, representations, negotiations and discussions between the parties relating to the subject matter thereof. Headings are provided for convenience only and are not intended to modify the meaning of the related paragraphs.

You may not assign or transfer your rights under this Agreement.

Amendments to, or notices to be sent under this Agreement, shall be in writing and shall be deemed to have been duly given when posted on our website.

We reserve the right to make changes to the functionality of Testpad at any time and without notice, for example to update, patch or improve the Service.

Failure to exercise, or any delay in exercising, any right or remedy under this Agreement, or at law or equity, shall not be a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.

Neither party shall make any public statement, press release or other announcement relating to the terms or existence of this Agreement, or the business relationship of the parties, without the prior written consent of the other party. Nevertheless, we may use your name and trademarks (logo only) to list you as a client of ours on our website and in other marketing materials and information. You may make a request for us not to do this at any time by sending an email request to support@testpad.com.

Nothing contained in this Agreement is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999, or any similar legislation in any applicable jurisdiction.

Intellectual Property Rights

On behalf of ourselves and our suppliers, we retain all rights, title, and interest to Testpad and our website. These Terms do not transfer to you any Intellectual Property Rights or ownership rights. We may create statistical data regarding your use of Testpad and our website system use and operations. All such statistical data is our property.

You grant us all rights, title, and interest in any suggestions or feedback you provide to us regarding Testpad, our website, or your use of them, and if that is not possible, you grant us a fully-paid, irrevocable, worldwide license to use, reproduce, disclose, sub-license, distribute, modify, and exploit your suggestions and feedback.

You retain ownership of all rights, title, and interest in and to your Data. You grant us a non-exclusive license to process, display, and use your Data as needed to provide the Testpad service or to communicate with you.

Confidentiality

We will use reasonable efforts to maintain the confidentiality of all your Data provided to us under this Agreement using the same degree of care we use to protect our own confidential information.

We shall not disclose your Data unless required to do so by law enforcement, regulators, or in compliance with a court order. If we are compelled to disclose your data, we will make reasonable efforts to notify you in advance of such disclosure.

Dispute Resolution

We will both use reasonable efforts to negotiate in good faith and settle any dispute that may arise out of or in relation to this Agreement.

If any such dispute cannot be settled amicably the dispute shall be escalated in writing to the directors of each party who shall in good faith try and resolve the dispute. If the dispute or difference is not resolved within 60 days of the dispute being escalated the parties shall then be entitled to pursue their claim in court.

Governing Law and Jurisdiction

This Agreement shall be governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under this Agreement.

Definitions

Where not already defined in these Terms, these are the definitions of the capitalized terms used in this Agreement.

• “Authorized Users”
  means anyone you have expressly authorized to use Testpad, whether by creating a user account for them or by invitation to help with testing as a guest or through a URL to view reports; such users could include, but are not limited to your employees, agents, customers, clients, consultants or independent contractors;
• “Consequential Loss”
  means pure economic loss, special loss, losses incurred by any third party, losses arising from business interruption, loss of business revenue, goodwill or anticipated savings, losses whether or not occurring in the normal course of business, costs of procuring substitute goods or product(s) or wasted management or staff time;
• “Data”
  means all data that you enter into, upload to, or generate by using Testpad or our website, including, but not limited to, test scripts, checklists, test data, user credentials, test results, comments, attachments, notes, folders, projects and descriptions;
• “Force Majeure”
  means anything outside the reasonable control of a party, including but not limited to, acts of God, natural disasters, accidents, armed conflict, epidemic or quarantine, internet failure or unavailability of Amazon Web Services, or any act or omission of a government, governmental agency, or regulator.
• “Intellectual Property Rights”
  means all copyrights, patents, trademarks, service marks, trade secrets, moral rights, database rights, business names and logos, computer data, proprietary information rights and all other similar proprietary rights (and all applications and rights to apply for registration or protection of any of the foregoing) as may exist anywhere in the world;