Terms of Service

Last updated: June 13, 2025

These Terms of Service govern your use of Ophyx, an AI-powered test automation platform. By accessing or using our service, you agree to be bound by these terms.

1. Acceptance of Terms

By accessing, browsing, or using the Ophyx platform ("Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Ophyx.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, "you" and "your" will refer to that entity.

Important: If you do not agree to these Terms, you must not access or use our Service.

2. Description of Service

Ophyx is a Software-as-a-Service (SaaS) platform that provides AI-powered test automation and workflow management capabilities. Our Service includes:

Core Features

  • AI-powered test generation from natural language
  • Automated test execution using Playwright
  • Intelligent page analysis and element detection
  • Conditional workflow creation with tree structures
  • Real-time execution monitoring and reporting
  • Screenshot capture and detailed logging

Additional Services

  • Team collaboration and project sharing
  • Analytics and performance insights
  • API access for integrations
  • Customer support and documentation
  • Template library and workflow sharing
  • Scheduled test execution

We reserve the right to modify, suspend, or discontinue any part of our Service at any time, with or without notice, at our sole discretion.

3. User Accounts and Registration

3.1 Account Creation

To use our Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Requirements

  • You must be at least 18 years old to create an account
  • You must provide a valid email address
  • You must choose a secure password
  • One person or entity may not maintain more than one free account
  • You must not share your account with others

3.3 Account Security

You are solely responsible for maintaining the security of your account. Notify us immediately of any unauthorized use of your account or any other breach of security.

4. Subscription Plans and Billing

4.1 Subscription Tiers

We offer multiple subscription plans with different features and usage limits:

Free Plan

  • • Limited test executions per month
  • • Basic AI features
  • • Community support
  • • Standard templates access

Pro Plan

  • • Unlimited test executions
  • • Advanced AI features
  • • Priority support
  • • Team collaboration
  • • API access

Enterprise Plan

  • • Custom usage limits
  • • White-label options
  • • Dedicated support
  • • Custom integrations
  • • SLA guarantees

4.2 Payment Terms

  • Payment Processing: All payments are processed securely through Konnect Tunisia
  • Billing Cycle: Subscriptions are billed monthly or annually in advance
  • Auto-Renewal: Subscriptions automatically renew unless cancelled
  • Price Changes: We may change prices with 30 days notice
  • Taxes: Prices may be subject to applicable taxes

4.3 Refund Policy

Free Trial: New users can try Pro features free for 14 days. No payment information required.
Refunds: We offer prorated refunds within 30 days of payment for annual plans. Monthly plans are non-refundable except as required by law.

5. Acceptable Use Policy

You agree to use our Service responsibly and in compliance with all applicable laws. The following activities are strictly prohibited:

🚫 Prohibited Activities

  • Testing websites without proper authorization
  • Attempting to overwhelm or damage target systems
  • Violating robots.txt files or terms of service of tested sites
  • Using the service for illegal surveillance or data collection
  • Reverse engineering or attempting to extract our algorithms
  • Sharing account credentials with unauthorized users
  • Creating multiple free accounts to exceed usage limits
  • Using the service to test adult content or illegal activities

✅ Responsible Usage

  • Only test websites you own or have explicit permission to test
  • Respect rate limits and avoid excessive requests
  • Use appropriate delays between test executions
  • Monitor your tests to ensure they don't cause issues
  • Report any bugs or security issues responsibly
  • Keep your account information up to date
  • Use the service in compliance with applicable laws
  • Respect intellectual property rights

Enforcement: Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund.

6. Data and Content Ownership

6.1 Your Data

You retain all rights, title, and interest in and to your data, including test configurations, results, and any content you upload to our Service. We do not claim ownership of your data.

6.2 License to Use Your Data

By using our Service, you grant us a limited, non-exclusive, non-transferable license to use your data solely for the purpose of providing our Service to you, including:

  • Processing your test configurations to generate and execute tests
  • Storing your test results and providing analytics
  • Using anonymized and aggregated data to improve our AI algorithms
  • Providing customer support and troubleshooting

6.3 Our Intellectual Property

The Ophyx platform, including all software, algorithms, AI models, documentation, and related materials, is our proprietary property and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of our Service.

6.4 Data Portability

You can export your test data at any time through our platform. Upon account termination, we will provide a reasonable period for you to retrieve your data before permanent deletion.

7. Service Availability and Support

7.1 Service Level

We strive to maintain high availability of our Service, but we do not guarantee uninterrupted or error-free operation. Planned maintenance will be announced in advance when possible.

Target Uptime

  • • Free Plan: 99% uptime target
  • • Pro Plan: 99.5% uptime target
  • • Enterprise: 99.9% uptime with SLA

Support Levels

  • • Free: Community support only
  • • Pro: Email support (48h response)
  • • Enterprise: Priority support (24h response)

7.2 Maintenance and Updates

We may perform scheduled maintenance that temporarily interrupts service availability. We will provide advance notice for planned maintenance whenever possible.

8. Account Termination

8.1 Termination by You

You may terminate your account at any time by contacting our support team or using the account deletion feature in your dashboard. Upon termination:

  • Your access to the Service will be immediately discontinued
  • Your data will be retained for 30 days for recovery purposes
  • After 30 days, your data will be permanently deleted
  • Active subscriptions will not be automatically refunded

8.2 Termination by Us

We may suspend or terminate your account if:

  • You violate these Terms of Service
  • You engage in prohibited activities
  • Your account remains inactive for more than 12 months (free accounts)
  • Payment for paid subscriptions fails after multiple attempts
  • We are required to do so by law or regulation

Notice: We will provide reasonable notice before termination unless immediate termination is required for security or legal reasons.

9. Disclaimers and Limitations of Liability

9.1 Service Disclaimers

AS IS BASIS: Our Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

  • Merchantability, fitness for a particular purpose, or non-infringement
  • Uninterrupted, timely, secure, or error-free operation
  • Accuracy or reliability of test results
  • Compatibility with all websites or systems

9.2 AI-Generated Content

Our AI-powered test generation is provided for convenience and assistance. You are responsible for reviewing, testing, and validating all AI-generated content before use. We do not guarantee the accuracy, completeness, or suitability of AI-generated tests.

9.3 Limitation of Liability

MAXIMUM LIABILITY: In no event shall our total liability exceed the amount you paid us in the 12 months preceding the claim. We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Tunisia, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any disputes arising under these Terms shall be resolved through the following process:

  1. Informal Resolution: Contact us at [email protected] to attempt resolution
  2. Mediation: If informal resolution fails, disputes may be submitted to mediation
  3. Jurisdiction: Any legal proceedings shall be conducted in the courts of Tunis, Tunisia

10.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the "Last updated" date at the top of these Terms
  • Notify users via email for material changes
  • Provide prominent notice within our platform
  • Allow a reasonable period for review before changes take effect

Continued Use: Your continued use of the Service after changes take effect constitutes acceptance of the new Terms. If you disagree with changes, you must terminate your account.

12. Contact Information

For questions about these Terms of Service or to report violations:

Email: [email protected]

Address: Cité les pins, Rue de la fleur d'érable, Tunis 1053, Tunisia

Business Hours: Monday - Friday, 9:00 AM - 6:00 PM (GMT+1)

Response Time: We respond to inquiries within 48 hours

Agreement Acknowledgment

By using Ophyx, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ophyx regarding your use of our Service.

Thank you for choosing Ophyx for your test automation needs. We're committed to providing you with reliable, innovative, and user-friendly testing solutions.