Appendix B: Appsurify Terms of Service

Last Updated: July 8, 2026

1. Agreement to Terms

These Terms of Service and our Privacy Policy constitute a legally binding agreement (“Agreement”) made between you, whether personally or on behalf of an entity (“you”, “your”, “user”, or “Customer”) and Appsurify, Inc. (“Company”, “Appsurify”, “we”, “us”, or “our”), concerning your access to and use of Appsurify TestBrain, Appsurify TestMap, Appsurify DevMetrix, and any of our other current or future software, applications, websites, APIs, integrations, documentation, and related professional, support, and maintenance services, as well as any other media linked or otherwise connected thereto, either now existing or which may be created in the future (collectively, the “Service”). As used in these Terms of Service and in the Privacy Policy, “you” or “user” includes any of your officers, directors, employees, contractors, or anyone you designate that will have access to your account with us for purposes of the Service we are providing to you.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement, in which case “you” and “Customer” refer to that entity. If you and Appsurify have executed a separate written master services agreement, order form, or similar signed agreement covering the Service, the terms of that signed agreement will control to the extent of any direct conflict with these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. You agree that by accessing or using the Service, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Service from time to time (including plan descriptions, order forms, support policies, and any data processing addendum) are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about changes by updating the “Last Updated” date of these Terms of Service, and, for changes we consider material, we will use reasonable efforts to provide additional notice, such as by email to the address associated with your account or by a notice within the Service. It is your responsibility to periodically review these Terms of Service to stay informed of updates. Your continued use of the Service after the date any revised Terms of Service are posted (or, if later, after the effective date stated in any change notice) constitutes your acceptance of the revised Terms of Service.

The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Definitions

In addition to terms defined elsewhere in this Agreement, the following terms have the meanings set forth below:

“Analytics Platform” means a third-party product analytics, web analytics, or customer data platform that you connect to the Service, such as Google Analytics, Amplitude, Mixpanel, Heap, Adobe Analytics, Pendo, Segment, or similar services.
“Analytics Data” means user-flow, behavioral, event, session, funnel, page-view, click-stream, and similar usage data that the Service accesses, retrieves, or receives from an Analytics Platform at your direction, together with related metadata.
“Authorized User” means an individual you authorize to access and use the Service under your account, up to any user limits applicable to your subscription.
“Customer Data” means data, information, code, repositories, test suites, test results, configurations, files, and other content submitted to the Service by or on behalf of you or your Authorized Users, including Analytics Data retrieved at your direction. Customer Data does not include Usage Data or Aggregated Data.
“Documentation” means our then-current user guides, technical documentation, and help materials for the Service, as updated from time to time.
“Order Form” means an ordering document, online plan selection, or checkout flow specifying the Service, subscription term, and fees, entered into between you and us.
“Service Output” means the reports, coverage classifications, efficiency scores, maps, visualizations, and recommendations generated by the Service specifically for you based on Customer Data.
“Usage Data” means telemetry, diagnostic, performance, and technical data collected by us about the access to, and configuration, operation, and use of, the Service, excluding the content of Customer Data.
“Aggregated Data” means data derived from Customer Data or Usage Data that has been aggregated and/or de-identified such that it does not identify you, any Authorized User, or any individual.

3. Description of the Service

a. TestBrain. Appsurify TestBrain provides risk-based test selection, flaky-test detection and quarantine, and continuous-integration pipeline optimization designed to reduce test execution time and surface high-risk changes earlier.

b. TestMap. Appsurify TestMap is a test coverage and efficiency analysis platform. TestMap maps the interactive elements and flows of your application’s user interface, ingests test execution and coverage information that you provide or connect, and, where you enable an Analytics Platform Integration under Section 7, overlays real user-flow behavior from your connected Analytics Platforms onto that map. TestMap classifies elements and flows into coverage categories (such as Not Tested, Under-Tested, Over-Tested, and Optimized) and generates test efficiency scores, visualizations, and prioritization recommendations as Service Output.

c. TestMap Analyzes; It Does Not Generate or Execute Tests. TestMap is an analysis and reporting tool. It does not automatically create, modify, or execute tests, and it does not make changes to your applications, source code, test suites, or environments. All Service Output is provided for informational and prioritization purposes only. You retain sole responsibility and control over your testing strategy, test design and implementation, quality assurance processes, release and deployment decisions, and the quality, safety, security, and regulatory compliance of your software. Coverage classifications, efficiency scores, and recommendations are estimates derived from the data made available to the Service, and their accuracy and completeness depend on the accuracy, completeness, and configuration of that data, including any connected Analytics Platform. We do not warrant that the Service will identify all untested functionality, defects, vulnerabilities, or risks in your software.

d. DevMetrix. Appsurify DevMetrix provides engineering and delivery metrics and reporting based on data sources you connect or provide.

e. Deployment Options. The Service is generally provided as a cloud-hosted (SaaS) offering. For the most secure usage of the Service, Appsurify also offers an On-Premise (local) installation option (for example, via Docker or virtual machine) that resides behind your firewall within your own securely managed infrastructure. On-Premise installations are completely firewalled off from any connection to Appsurify; we have no access to, and no connection with, On-Premise installations, and any updates must be applied manually by you (for example, via Docker).

f. Implementation Support. Upon your payment for the Service, we agree to use reasonable efforts to provide the implementation support that is reasonably necessary for standard use of the Service. If you require implementation, integration, or other work beyond what we consider customarily necessary, we will notify you and discuss the additional fees for such work, to be set out in a separate written agreement describing the work, fees, and payment terms.

g. Support and Maintenance. Subject to your payment of all applicable fees, we will use reasonable efforts to provide support and maintenance for the Service in accordance with the support package you have selected and our then-current standard support policies.

h. Service Updates. From time to time, with or without notice to you, we may provide improvements, upgrades, changes, patches, modifications, or fixes for the Service, which will become part of the Service and subject to this Agreement; provided that we have no obligation under this Agreement or otherwise to provide any such improvements, upgrades, changes, patches, modifications, or fixes.

4. Accounts and Authorized Users

a. Registration. By using the Service, you represent and warrant that all registration information you submit is true, accurate, current, and complete, and you agree to maintain the accuracy of such information and promptly update it as necessary. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

b. Account Security. You will create an account with a unique username and password (or single sign-on credentials) to access the Service and to receive messages from us, our support team, and relevant notifications, such as service and account communications. You are responsible for maintaining the confidentiality and security of your account credentials, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with the account. You agree to notify us immediately at support@app.blackpurple.space of any unauthorized use of your account or any other breach of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.

c. Authorized Users. You may permit Authorized Users to use the Service on your behalf, subject to any user limits in your subscription. You are responsible for ensuring that each Authorized User complies with this Agreement, and you are responsible and liable for the acts and omissions of your Authorized Users as if they were your own. Credentials may not be shared between individuals.

d. Eligibility. The Service is intended for business use by persons who are at least 18 years of age and who have the legal capacity to enter into this Agreement.

5. Subscriptions, Fees, and Payment

a. Fees. You may be required to purchase a subscription or pay fees to access the Service, as described in the applicable Order Form or plan. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service, and to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

b. Recurring Charges; Renewal. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel in accordance with Section 6. Unless otherwise stated in an Order Form, subscriptions automatically renew for successive terms equal in length to the then-expiring term at our then-current rates, unless either party gives notice of non-renewal before the end of the current term.

c. Taxes. Fees are exclusive of taxes. Sales, use, value-added, and similar taxes will be added to the price of purchases as deemed required by us or by applicable law, and you are responsible for all such taxes (excluding taxes on our net income).

d. Price Changes. We may change prices at any time, but changes will not be effective until at least thirty (30) calendar days following our update on our website or notice to you, and will apply no earlier than your next renewal term. All payments shall be in U.S. dollars unless otherwise specified.

e. Late Payment. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. Amounts not paid when due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend the Service for accounts with overdue balances in accordance with Section 22. You are responsible for our reasonable costs of collection. We reserve the right to refuse any order placed through the Service.

f. Free Trials and Free Tiers. We may offer free trials or free tiers of the Service. We may modify, limit, or terminate free trials or free tiers at any time without notice or liability, and Customer Data associated with a trial account may be deleted following the end of the trial unless you purchase a subscription.

6. Cancellation

All purchases are non-refundable unless otherwise agreed by us in our sole discretion. You can cancel your subscription at any time by contacting us using the contact information provided below or, where available, through your account settings. Your cancellation will take effect at the end of the current paid term, and you agree you will not be entitled to a refund in whole or in part for the then-current term.

7. Analytics Platform Integrations

a. Optional Integrations. The Service (including TestMap) offers optional integrations with third-party Analytics Platforms, such as Google Analytics, Amplitude, Mixpanel, Heap, Adobe Analytics, Pendo, Segment, and similar services, in order to overlay real user-flow behavior onto your application’s UI element maps and to inform coverage classifications, test efficiency scores, and prioritization recommendations. The set of supported Analytics Platforms may change from time to time, and we may add, modify, or discontinue any integration at any time.

b. Your Authorization and Direction. By connecting an Analytics Platform to the Service (including by providing API keys, OAuth authorizations, service-account credentials, data exports, or similar configuration), you instruct and authorize us to access, retrieve, receive, and process Analytics Data from that Analytics Platform on your behalf, solely to provide, maintain, secure, support, and improve the Service and to generate Service Output for you, for example by overlaying user-flow behavior onto UI element maps and computing coverage classifications and efficiency scores. Where an Analytics Platform supports scoped access, we request read-only access scopes limited to the data reasonably necessary for these purposes.

c. Your Representations and Responsibilities. You represent, warrant, and agree that: (i) you have all rights, licenses, consents, permissions, and legal bases necessary to connect each Analytics Platform to the Service and to authorize our access to, retrieval of, and processing of the Analytics Data as described in this Agreement; (ii) your collection of the underlying data through the Analytics Platform, and your disclosure of it to us, complies with your published privacy notices, your agreements with the applicable Analytics Platform provider (including any API or developer terms), and all applicable laws and regulations; (iii) you will configure available privacy and data-minimization controls (such as IP anonymization, data redaction, and retention settings) as appropriate for your users and jurisdictions; and (iv) you will not configure any integration, event payload, tracking plan, or export in a manner that transmits Prohibited Data (as defined in Section 8(d)) to the Service.

d. Credentials; Revocation. We store integration credentials (such as API keys and OAuth tokens) using encryption and use them only to operate the applicable integration. You may revoke or disconnect an integration at any time through the Service settings or by written notice to us, after which we will cease retrieving Analytics Data from that Analytics Platform. Analytics Data previously retrieved will continue to be handled as Customer Data in accordance with Section 8, Section 9, and Section 23.

e. No Individual Identification. The Service is designed to analyze user-flow behavior in aggregate for testing coverage and efficiency purposes. We will not use Analytics Data to identify, or attempt to re-identify, any individual, and you agree not to use the Service, or configure any integration, for the purpose of identifying or profiling individuals.

f. Google User Data. To the extent the Service accesses or receives information from Google APIs (including Google Analytics), Appsurify’s use and transfer of that information will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

g. Third-Party Platform Changes. Analytics Platforms are Third-Party Services (Section 16) operated by their respective providers, not by us. Their availability, APIs, data formats, features, rate limits, pricing, and terms may change or be discontinued at any time without notice to us, which may degrade, limit, or disable an integration or affect the accuracy or completeness of Service Output. We are not responsible for any Analytics Platform, for the accuracy, completeness, or lawfulness of Analytics Data, or for the acts or omissions of any Analytics Platform provider, and no such change, degradation, suspension, or discontinuation will constitute a breach of this Agreement by us. Any fees charged by an Analytics Platform provider in connection with your use of an integration are solely your responsibility.

8. Customer Data

a. Ownership. As between you and us, you own all right, title, and interest in and to Customer Data. Company does not claim ownership of any Customer Data.

b. License to Us. By submitting Customer Data to the Service, or by directing the Service to retrieve Analytics Data on your behalf, you grant us a worldwide, non-exclusive, royalty-free, fully paid license to host, store, copy, transmit, process, display, and create derivative works of Customer Data solely to the extent necessary to: (i) provide, maintain, secure, support, and improve the Service; (ii) generate Service Output for you; (iii) prevent or address service, security, support, or technical issues; (iv) comply with applicable law; and (v) act as otherwise instructed or permitted by you in writing. We will not sell Customer Data, and we will not share, distribute, or disclose Customer Data to any third parties except to subprocessors performing services on our behalf under written obligations of confidentiality and data protection, or as required by law.

c. Your Responsibility for Customer Data. You are solely responsible for the accuracy, quality, integrity, and legality of Customer Data, for the means by which you acquired it, and for your use of it with the Service. You represent and warrant that Customer Data, and its use with the Service as contemplated by this Agreement, does not and will not infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other rights of any third party or any applicable law.

d. Prohibited Data. The Service is not designed for, and unless we expressly agree otherwise in writing you agree not to submit to the Service (including through any Analytics Platform Integration, event payload, or upload): (i) government-issued identification numbers; (ii) payment card data subject to PCI-DSS; (iii) protected health information subject to HIPAA or similar laws; (iv) special categories of personal data under the GDPR or similar laws (such as data revealing racial or ethnic origin, health, or biometric data); (v) passwords, secrets, access tokens, or credentials embedded in data payloads; or (vi) other similarly sensitive or regulated information (collectively, “Prohibited Data”). We have no liability with respect to Prohibited Data submitted in breach of this Section, and we may delete Prohibited Data without notice.

e. Backups; No Archival Service. We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. The Service is not intended to serve as an archival, backup, or record-retention service, and you are responsible for maintaining independent copies of Customer Data. Except for our express obligations under Section 9, you agree that we have no liability to you for any loss or corruption of Customer Data, and you hereby waive any right of action against us arising from any such loss or corruption.

9. Data Security

a. Our Security Program. We maintain a written information security program with commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Data, appropriate to the nature of the data and the Service. These safeguards include, as applicable: encryption of Customer Data in transit (TLS) and at rest; role-based access controls and least-privilege access to production systems; personnel confidentiality obligations; logging and monitoring; vulnerability management; and encrypted storage of integration credentials such as API keys and OAuth tokens.

b. Security Incident Notification. If we become aware of unauthorized access to, or acquisition, disclosure, or loss of, Customer Data on systems we control (a “Security Incident”), we will notify you without undue delay consistent with applicable law, and will provide information reasonably available to us about the nature of the Security Incident and the measures taken in response.

c. Your Security Responsibilities. You are responsible for: securing your own accounts, credentials, devices, networks, and systems; configuring the Service, integrations, permissions, and access scopes appropriately; the security of any On-Premise installation, which resides entirely within your infrastructure and outside our control; and promptly installing updates made available for On-Premise installations.

d. No Guarantee. No method of transmission over the internet or method of electronic storage is completely secure. While we work to protect Customer Data, we do not and cannot guarantee that our security measures will prevent all unauthorized access, and, except as expressly stated in this Section 9, we make no representation or warranty regarding security.

10. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Service is hosted in the United States. If you access the Service from the European Union, United Kingdom, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Service, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Where your use of the Service involves our processing of personal data on your behalf that is subject to the GDPR, UK GDPR, CCPA/CPRA, or similar data protection laws, the parties may enter into our then-current data processing addendum (“DPA”) upon your written request, and, once executed, the DPA will control over these Terms of Service with respect to that processing in the event of a conflict.

11. Usage Data; Aggregated and De-Identified Data

We may collect and use Usage Data to operate, secure, support, benchmark, and improve the Service. We may also create Aggregated Data from Customer Data and Usage Data. We own all Usage Data and Aggregated Data, and we may use, retain, and disclose Usage Data and Aggregated Data for any lawful business purpose during and after the term of this Agreement, including to develop and improve our products, analytics models, and coverage and efficiency scoring; provided that we will not disclose Aggregated Data in any manner that identifies you, your Authorized Users, or any individual, or that discloses your Confidential Information.

12. Intellectual Property Rights

a. Our Property. Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, algorithms, models, designs, audio, video, text, photographs, and graphics on the Service, as well as documents, data, articles, opinions, images, applications, features, and other materials that are made available by us or third parties (collectively, the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Service “AS IS” for your information and business use only.

b. Your License. Provided that you are eligible to use the Service and have paid all applicable fees, you are granted a limited, non-exclusive, non-sublicensable, non-transferable right during your subscription term to access and use the Service for your internal business purposes in accordance with this Agreement and the Documentation, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for those internal business purposes. Except as expressly provided in these Terms of Service, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

c. Service Output. Subject to your compliance with this Agreement and payment of all applicable fees, you may use Service Output for your internal business purposes. For clarity, our underlying technology, software, models, methodologies, scoring systems, classification taxonomies, know-how, and any improvements to the Service (including improvements derived from Usage Data and Aggregated Data) are and remain our exclusive property.

d. Reservation of Rights. We reserve all rights not expressly granted to you in and to the Service, the Content, and the Marks. No rights or licenses are granted by implication, estoppel, or otherwise.

13. User Representations; No Reliance; No Guaranteed Outcomes

a. Your Representations. By using the Service, you represent and warrant that: (i) you have the legal capacity, and you agree, to comply with these Terms of Service; (ii) you will not use the Service for any illegal or unauthorized purpose; and (iii) your use of the Service will not violate any applicable law or regulation. You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account.

b. No Endorsement. We do not select or endorse any individual or business user, nor any content they make available to you or may post anywhere on our website or through the Service. We do not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, finances, or qualifications of any user. You agree to conduct your own due diligence before relying on any user’s advice, services, or products, or entering into any relationship with any user.

c. No Reliance on Informational Content. Content posted on or made available through us, such as blog posts, documentation, benchmarks, or forums, is provided for informational and research purposes only, with no assurance that it is true, correct, or accurate. The Content is not a substitute for professional, business, technological, financial, or legal advice, and you should not delay or forego seeking independent advice regarding your particular situation, application, or software.

d. No Guaranteed Outcomes. We do not guarantee any particular results from use of the Service, including any specific improvement in test coverage, test efficiency, defect detection, release velocity, or cost savings. Any reviews, case studies, or testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. You agree that we shall have no responsibility or liability of any kind for any of the Content presented on or made available through us, and any use of or reliance on such Content is solely at your own risk.

14. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. You agree not to, and not to permit any Authorized User or third party to:

Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein;
Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
Attempt to impersonate another user or person, use the username of another user, or share credentials or otherwise circumvent user, seat, usage, or plan limits;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service, except to the extent this restriction is prohibited by applicable law;
Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service or any portion of the Service, or probe, scan, or test the vulnerability of the Service, or conduct any penetration or load testing of the Service, without our prior written consent;
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with the use, features, functions, operation, or maintenance of the Service;
Copy, rent, lease, sell, resell, sublicense, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service, or make the Service available to any third party on a service-bureau, timeshare, or hosted basis, either for your benefit or the benefit of a third party;
Access or use the Service to build, improve, or benchmark a competitive product or service, to copy any of its features, functions, or graphics, or publicly disseminate performance information or analysis of the Service (including benchmarks) without our prior written consent;
Use any automated means, including robots, spiders, or scrapers, to access or collect data from the Service, except through interfaces we make available for that purpose;
Remove, obscure, or alter any proprietary notices on the Service or Content;
Use the Service, or configure any integration, to identify or re-identify individuals, or in violation of the terms of any Analytics Platform or other Third-Party Service;
Use the Service in connection with any high-risk activity in which failure of the Service could lead to death, personal injury, or severe physical or environmental damage (such as operation of life-support systems, nuclear facilities, or air traffic control), for which the Service is not designed;
Upload data of any person or entity that you do not have the right to upload; you agree you are responsible for all of your activity in connection with the Service, including uploading your data or the data of anyone else onto the Service; or
Use the Service in a manner inconsistent with any applicable laws or regulations.

15. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. For clarity, Submissions do not include Customer Data.

16. Third-Party Websites and Services

The Service may contain optional integrations with, or links to, other websites, applications, and services, including Analytics Platforms, source control systems, CI/CD tools, and issue trackers (“Third-Party Services”). To use certain integrations and Third-Party Services, you may be required to accept the provider’s terms and/or pay fees to the provider. Third-Party Services are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Services, including their availability, security, content, data practices, or any changes to their APIs or terms. These Terms of Service do not govern your use of Third-Party Services, and your use of any Third-Party Service is at your own risk and subject to that provider’s terms and privacy policy. Section 7 sets out additional terms specific to Analytics Platform Integrations.

17. Beta Features

We may make features, integrations, or products available to you on an early-access, beta, preview, or evaluation basis (“Beta Features”). Beta Features are provided for evaluation purposes only, may be modified or discontinued at any time, may be subject to additional terms, and are excluded from any support commitments. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BETA FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY, AND WE WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY BETA FEATURE.

18. Copyright Infringement and DMCA Policy

If you believe that any Content violates your copyright, please notify us in accordance with our Digital Millennium Copyright Act (DMCA) Policy below.

a. Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and request the same of users. Pursuant to 17 U.S.C. § 512(i) of the United States Copyright Act, we will terminate a user’s access to and use of our Service if the user is considered by us a repeat infringer of the copyrights or other intellectual property rights of the Company or others. We may terminate access of users who we believe repeatedly provide or post protected Content without appropriate rights and permissions.

b. DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through our website or Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. § 512) (“DMCA”) by sending a properly formatted take-down notice in writing to the Company’s designated copyright agent: jharris@app.blackpurple.space, TN, Attention: Copyright Agent.

c. Response to DMCA Take-Down Notices. If we take action in response to an infringement notice, we will make a good faith attempt to contact the party that made such Content available by means of the most recent email address, if any, provided by that party to the Company. Any DMCA infringement notice may be forwarded to the party that made the Content available or to third parties such as lumendatabase.org.

d. Counter-Notices. If you believe that your Content that has been removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content you submitted, you may send a properly formatted counter-notice to the Company’s copyright agent using the contact information set forth above.

e. Response to DMCA Counter-Notices. If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content will be reinstated in ten (10) to fourteen (14) business days after receipt of the counter-notice.

19. Confidentiality

a. Definition. “Confidential Information” means non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes Customer Data; our Confidential Information includes the non-public aspects of the Service, our security information, Documentation, roadmaps, and pricing; and Confidential Information of both parties includes the terms of any Order Form.

b. Obligations. The Recipient will: (i) use the Discloser’s Confidential Information only to exercise its rights and perform its obligations under this Agreement; (ii) protect it using at least the same degree of care it uses for its own similar information, and no less than reasonable care; and (iii) not disclose it to any third party except to its employees, contractors, advisors, and subprocessors who need to know it for purposes of this Agreement and who are bound by confidentiality obligations at least as protective as this Section.

c. Exclusions. Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the Recipient; (ii) was known to the Recipient without restriction before disclosure; (iii) is received from a third party without breach of any obligation; or (iv) is independently developed without use of the Discloser’s Confidential Information.

d. Compelled Disclosure. The Recipient may disclose Confidential Information to the extent required by law or legal process, provided that (where legally permitted) it gives the Discloser prompt notice and reasonable cooperation to seek protective treatment.

e. Equitable Relief. Each party acknowledges that unauthorized use or disclosure of Confidential Information may cause irreparable harm for which monetary damages would be an inadequate remedy, and the Discloser is entitled to seek injunctive or other equitable relief in addition to any other remedies.

20. U.S. Government Rights

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our Services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our Services are subject to the terms of these Terms of Service in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our Services are acquired by or on behalf of any agency within the Department of Defense, our Services are subject to the terms of these Terms of Service in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Service.

21. Export Controls and Sanctions

The Service and related technology are subject to U.S. export control and economic sanctions laws, including the Export Administration Regulations and programs administered by the Office of Foreign Assets Control. You represent and warrant that you are not: (a) located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions; or (b) a person identified on any U.S. government restricted-party list. You agree not to access, use, export, re-export, or transfer the Service, directly or indirectly, in violation of applicable export control or sanctions laws, and not to use the Service for any prohibited end use, including in connection with weapons of mass destruction.

22. Service Management; Suspension

a. Service Management. We reserve the right, but not the obligation, to: (i) monitor the Service for violations of these Terms of Service; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service; (iii) in our sole discretion and without limitation, refuse, restrict access to, or limit your use of the Service; and (iv) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

b. Suspension. Without limiting the foregoing, we may suspend or restrict your access to all or part of the Service immediately, with or without notice, if we determine in good faith that: (i) your use of the Service poses a security risk to the Service, us, or any third party, or may subject us or any third party to liability; (ii) you are using the Service in violation of Section 14 or applicable law; (iii) amounts you owe are more than fifteen (15) days overdue; or (iv) suspension is required by law or by a Third-Party Service provider. We will use reasonable efforts to notify you of a suspension and to restore access promptly after the cause of the suspension is resolved. We will have no liability for any suspension made in accordance with this Section, and fees continue to accrue during any suspension caused by your breach.

23. Term and Termination

a. Term. These Terms of Service shall remain in full force and effect while you use the Service.

b. Termination by Us. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

c. Effect of Termination. Upon any expiration or termination of your subscription or this Agreement: (i) your right to access and use the Service will immediately cease; (ii) all fees owed by you become immediately due and payable; and (iii) upon your written request made within thirty (30) days after the effective date of termination or expiration (other than a termination by us for your breach), we will make Customer Data available to you for export in a commonly used, machine-readable format. After that thirty (30) day period, we will have no obligation to maintain or provide Customer Data and may, unless legally prohibited, delete Customer Data from our systems in the ordinary course, except that we may retain copies in routine backups and as required by law, subject to the confidentiality protections of this Agreement.

d. Survival. Sections that by their nature should survive termination will survive, including Sections 2, 5 (with respect to amounts owed), 8(b)–(e), 11, 12, 13, 15, 19, 20, 21, 23(c)–(d), 25, 26, 27, 28, 29, and 30.

24. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information, and we reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems, or need to perform scheduled or emergency maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

25. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION: (a) ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT, ANY SERVICE OUTPUT (INCLUDING COVERAGE CLASSIFICATIONS, TEST EFFICIENCY SCORES, AND RECOMMENDATIONS), ANY ANALYTICS DATA, OR THE CONTENT OF ANY WEBSITES OR THIRD-PARTY SERVICES LINKED TO OR INTEGRATED WITH THE SERVICE; (b) THAT THE SERVICE WILL IDENTIFY ALL UNTESTED FUNCTIONALITY, DEFECTS, VULNERABILITIES, OR RISKS IN YOUR SOFTWARE; OR (c) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE, AND ACTIONS TAKEN OR NOT TAKEN, IN RELIANCE ON THE SERVICE OR ANY SERVICE OUTPUT, INCLUDING TESTING, QUALITY ASSURANCE, AND RELEASE DECISIONS.

26. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (a) US $500 OR (b) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. CERTAIN STATE AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN AND WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

27. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your use of the Service; (b) your breach of these Terms of Service; (c) any breach of your representations and warranties set forth in these Terms of Service, including those in Section 7(c) and Section 8(c); (d) your violation of the rights of a third party, including but not limited to intellectual property, privacy, or publicity rights; (e) Customer Data, including Analytics Data retrieved at your direction, or any failure to obtain rights, consents, or provide notices required for its collection, disclosure, or processing; (f) your violation of the terms of any Analytics Platform or other Third-Party Service; or (g) any overt harmful act toward any other user of the Service with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

28. Electronic Communications, Transactions, and Signatures

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

29. Governing Law; Dispute Resolution

a. Governing Law. This Agreement and your use of the Service are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles.

b. Informal Resolution First. Before filing a claim, each party agrees to first contact the other (for you, at support@app.blackpurple.space) with a written description of the dispute and to attempt in good faith to resolve it informally for at least thirty (30) days.

c. Binding Arbitration. Users agree that any dispute arising out of or relating to this Agreement, or its subject matter, that is not resolved informally shall be resolved exclusively by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Either party may send a notice to the other party of its intention to file a case with the AAA under this Section (“Arbitration Notice”). The arbitration will be conducted in Nashville, TN by a single arbitrator chosen pursuant to the Commercial Arbitration Rules of the AAA. The arbitrator will not be required to provide detailed written explanations to the parties to support the award decision, and, regardless of outcome, each party shall pay its own costs and expenses (including attorneys’ fees) associated with the arbitration proceeding. The successful party in the arbitration shall not be entitled to an award of reasonable attorneys’ fees and costs. The arbitration award will be final and binding and may be enforced in any court of competent jurisdiction.

d. Exceptions. Notwithstanding the foregoing: (i) either party may bring an individual claim in small claims court if it qualifies; and (ii) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or Confidential Information, or to prevent unauthorized access to the Service, without first engaging in the informal resolution or arbitration procedures above.

e. Time Limit on Claims. You agree that any cause of action related to or arising out of this Agreement must commence, by initiating a proceeding pursuant to these Terms of Service, not later than three hundred and sixty-five (365) calendar days after the claim or cause of action accrues. Otherwise, such claim or cause of action and your rights to bring such action shall be permanently barred.

f. Jury Trial Waiver. You and we acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between you and us.

g. No Class Actions or Representative Proceedings. You acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless you and we both otherwise agree in writing, the court or arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

30. Miscellaneous

a. Entire Agreement. These Terms of Service, our Privacy Policy, any executed DPA, any Order Forms, and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us regarding the Service, and supersede all prior and contemporaneous understandings on that subject.

b. No Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

c. Fairness of Terms. You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms of Service are fair and reasonable, and your agreement to follow and be bound by them is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. These Terms of Service operate to the fullest extent permissible by law. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.

d. Assignment. We may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time, including in connection with a merger, acquisition, or sale of assets, with or without notice and without your consent. You may not assign or delegate any rights or obligations under these Terms of Service without our prior written consent, and any unauthorized assignment or delegation by you is void.

e. Force Majeure. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental actions, utility or internet failures, denial-of-service attacks, or failures or changes of Third-Party Services (including Analytics Platforms).

f. Severability. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

g. Relationship of the Parties. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Service. Neither party has any authority to bind the other.

h. No Third-Party Beneficiaries. This Agreement is for the benefit of the parties and their permitted successors and assigns; there are no third-party beneficiaries.

i. Publicity. We may identify you by name and logo as an Appsurify customer on our website and in marketing materials, in accordance with any brand guidelines you provide. You may opt out at any time by emailing support@app.blackpurple.space.

j. Notices. We may provide notices to you by email to the address associated with your account, through the Service, or by posting on our website. You may provide notices to us at support@app.blackpurple.space. Notices are deemed given when sent (for email) or posted.

k. Electronic Form. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

l. Headings; Interpretation. Headings are for convenience only. “Including” means “including without limitation.”

31. Contact Us

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at support@app.blackpurple.space or 1 (650) 402–1400.

Appsurify, Inc.
Email: support@app.blackpurple.space
Phone: 1 (650) 402–1400

Terms of Service