Effective November 4, 2026
These Terms of Service ("Terms") are a binding agreement between you and X & Company LLC ("X & Company LLC", "we", "us", or "our"), governing your access to and use of TestKit, our test case management software-as-a-service platform available at testkit.app, including any related applications, APIs, and services (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization, and "you" refers to both you and that organization. If you do not agree to these Terms, do not use the Service.
TestKit provides tools for organizing test suites and test cases, executing test runs, tracking releases and test plans, generating AI-assisted test cases, and integrating with third-party tools such as Jira, Azure DevOps, and Slack. The Service is offered under multiple plans ("Individual," "Pro," and "Team"), each with different features and pricing, described at testkit.app/pricing.
We may add, change, or remove features of the Service at any time. We will make reasonable efforts to provide notice of material changes that reduce functionality you're actively paying for.
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not you authorized it. Notify us immediately at legal@testkit.app if you suspect unauthorized access to your account.
You must provide accurate, current information when registering, including a valid email address. Signing in via Google authenticates you using the email address associated with your Google account, and is subject to Google's own terms in addition to these.
A Team account's administrator may invite additional members, who then share access to that account's test data. Administrators are responsible for who they invite and what role (Admin or User) each member is granted.
The Individual plan is free. Pro and Team plans are paid subscriptions billed in advance on a recurring monthly basis through our payment processor, Stripe. Team plans are billed per seat. Seats are added automatically when your account's number of members exceeds the seats you've paid for, and remain until an administrator reduces them, subject to a minimum seat count disclosed at checkout.
By subscribing to a paid plan, you authorize us (via Stripe) to charge your payment method on a recurring basis until you cancel. Subscriptions renew automatically at the end of each billing period unless canceled before the renewal date. You can cancel or change your plan at any time from your account's Billing settings; cancellation takes effect at the end of the current billing period, and we do not provide prorated refunds for partial periods except where required by law.
We may change our prices with advance notice to active subscribers. Price changes take effect on your next renewal after the notice period; if you don't agree to a price change, you may cancel before it takes effect.
You are responsible for any taxes associated with your subscription, other than taxes based on our net income. Failure to pay may result in suspension or downgrade of your account.
We may offer free trials or promotional access to paid features at our discretion. We may modify or terminate a trial or promotional offer at any time, and features made available under a trial may become unavailable when the trial ends unless you subscribe to a paid plan.
"Your Content" means the test cases, test suites, test runs, test plans, releases, attachments, and any other data you or your team members submit to the Service. As between you and us, you retain all ownership rights to Your Content.
You grant us a limited, non-exclusive, worldwide license to host, store, process, transmit, and display Your Content solely as necessary to provide, maintain, secure, and improve the Service, and to comply with the law. We do not sell Your Content, and we do not use it to train AI models offered to other customers.
You are solely responsible for Your Content, including its legality, accuracy, and appropriateness, and for having any rights or consents necessary to submit it. We reserve the right, but have no obligation, to remove content that we believe violates these Terms or applicable law.
You are responsible for maintaining your own backups of Your Content. Upon request within a reasonable time after account cancellation or termination, we will make a reasonable effort to help you export Your Content, but we are not obligated to retain it indefinitely.
You agree not to, and not to permit others using your account to:
The Service allows you to connect third-party tools, including Google (for sign-in), Jira, Azure DevOps, and Slack. These integrations are governed by the respective third party's own terms and privacy policies, and we are not responsible for the availability, content, or practices of those third-party services. Credentials you provide for these integrations (such as a Jira API token, Azure DevOps personal access token, or Slack webhook) are encrypted at rest and used solely to perform the integration you configured.
The Service's AI-assisted features (such as AI test case and strategy generation) use third-party large language models to draft content based on input you provide. AI-generated output may be inaccurate, incomplete, or unsuitable for your specific needs. You are responsible for reviewing, editing, and validating any AI-generated content before relying on it. We make no warranty regarding the accuracy, completeness, or fitness for purpose of AI-generated output.
The Service, including its software, design, text, graphics, logos, and all related intellectual property (excluding Your Content), is owned by X & Company LLC or our licensors and is protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service other than the limited right to use it as permitted here.
Each party may have access to non-public information of the other party in connection with the Service (e.g., Your Content for you, and our non-public product or business information for us). Each party agrees to use the other's confidential information solely to exercise its rights and perform its obligations under these Terms, and to protect it with the same degree of care it uses for its own confidential information, but no less than reasonable care.
These Terms remain in effect for as long as you use the Service. You may stop using the Service and delete your account at any time.
We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or if required to do so by law. We may also terminate the Service generally, or as to you specifically, if you fail to pay applicable fees.
Upon termination, your right to use the Service immediately ceases. Sections of these Terms that by their nature should survive termination (including Sections 6, 10, 11, 13, 14, 15, and 16) will survive.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, X & COMPANY LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT PAID US ANYTHING.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
You agree to indemnify and hold X & Company LLC harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, Your Content, or your violation of these Terms or applicable law.
These Terms are governed by the laws of the State of Wisconsin, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Wisconsin, and you consent to the personal jurisdiction of those courts.
We may update these Terms from time to time. If we make material changes, we will provide notice, such as by emailing the address associated with your account or displaying a notice within the Service, before the changes take effect. Your continued use of the Service after the updated Terms take effect constitutes acceptance of the changes.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.
Questions about these Terms can be sent to legal@testkit.app.