Endform AB Terms of Service

1.1 Welcome to Endform! These are our general terms and conditions pursuant to which Endform AB (hereinafter also referred to as "we", "us" or "our") provides Customers and Users (hereinafter "you") access to our Services.

1.2 By accepting these Terms when purchasing and/or subscribing for the Services, you are granted access to use our end-to-end testing platform in accordance with these Terms.

1.3 Capitalized words used herein but not already defined above, shall have the following meaning:

2.1 Access: Subject to payment of all applicable fees and compliance with these Terms, Endform grants Customer, during the Subscription Term, a non-exclusive, non-transferable right to access and use (and permit Authorized Users to access and use) the Services solely for Customer's internal business purposes in accordance with the Documentation.

2.2 Authorized Users: Customer is solely responsible for ensuring that only appropriate Authorized Users have access to the Services, that such Authorized Users have been trained in proper use of the Services, and maintaining confidentiality of passwords and access procedures. Customer shall be responsible for the acts and omissions of its Authorized Users.

2.3 Customer Content: Customer is solely responsible for all Customer Content. Customer acknowledges and agrees that Endform will not assume any responsibility and liability for Customer Content. By providing Customer Content to the Services, Customer grants Endform a worldwide, non-exclusive, royalty-free, fully paid-up license to use, copy, modify, reproduce, distribute, display, store and perform Customer Content as necessary to provide the Services.

2.4 Service Execution: To provide the Services, Endform requires the ability to:

3.1 Consent to Electronic Communications: By using the Services or creating an Account, you consent to receiving electronic communications from Endform. These electronic communications may include:

3.2 Method of Communication: Electronic communications may be sent to the email address associated with your Account, displayed within the Services interface, posted on our website, or delivered through other electronic means. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

3.3 Keeping Contact Information Current: You are responsible for keeping your email address and other contact information current in your Account settings. You acknowledge that if we send you an electronic communication but you do not receive it because your contact information is incorrect, out of date, or blocked by your service provider, the communication will still be deemed to have been provided to you.

3.4 Opting Out: While you cannot opt out of receiving transactional and service-related communications necessary for the Services, you may be able to opt out of certain promotional communications by following the unsubscribe instructions included in those communications or by updating your preferences in your Account settings.

4.1 Testing Authorization: Customer shall only use the Services to test:

4.2 Prohibited Uses: Customer shall not use the Services for:

4.3 Use Restrictions: Except as expressly permitted in these Terms, Customer shall not:

5.1 Customer Ownership: Subject to the rights and licenses expressly granted herein, Customer retains all rights, title and interest in and to Customer Content.

5.2 Endform Ownership: Subject to the limited rights and licenses expressly granted herein, Endform retains all rights, title and interest in and to the Services, including all software, technology, Documentation, all copies, modifications and derivative works thereof, and all intellectual property rights therein.

5.3 Feedback: To the extent Customer provides feedback, suggestions, or recommendations regarding the Services, Customer grants Endform a perpetual, irrevocable, royalty-free right and license to use such feedback for any purpose, including to improve the Services.

5.4 Usage Data: Customer grants Endform and its affiliates an irrevocable, perpetual, worldwide, paid-up, royalty-free license to use Usage Data, including all intellectual property rights relating thereto. Usage Data distributed to third parties will be in aggregate form only and will not identify Customer.

6.1 Fees: Customer shall pay Endform fees as set forth in the applicable Order. All prices are exclusive of VAT and other applicable taxes.

6.2 Usage-Based Billing: Customer will be charged based on actual usage of the Services, measured in compute minutes consumed during test execution. Usage is calculated and billed monthly in arrears unless otherwise specified in the Order.

6.3 Payment Terms: Payment is due within fourteen (14) days after the invoice date. Late payments may be subject to interest charges and service suspension.

6.4 Usage Limits: Endform may establish usage limits. If Customer exceeds these limits, additional charges will apply according to then-current pricing.

6.5 Price Changes: Endform may change pricing with thirty (30) days' prior written notice. Price changes will not affect usage already consumed.

6.6 Taxes: Customer is responsible for any sales, use, goods and services, value-added, withholding, or similar taxes or levies applicable to the Services.

7.1 Data Protection: The parties shall comply with applicable Data Protection Laws. If Customer provides personal data to Endform in connection with the Services, the parties shall comply with our Data Processing Addendum.

7.2 Customer Responsibilities: Customer is solely responsible for ensuring that Customer Content complies with applicable laws and that Customer has appropriate legal bases for any personal data processing.

7.3 Confidentiality: Each party agrees to maintain confidentiality of the other party's confidential information, except as necessary to provide the Services or as required by law. This obligation survives termination for two (2) years.

7.4 Data Security: Endform implements reasonable administrative, physical and technical measures designed to protect Customer Content against unauthorized access or disclosure.

8.1 Service Availability: Endform will use commercially reasonable efforts to maintain Service availability, subject to planned maintenance and upgrades.

8.2 Support: Endform will provide Customer with support for the Services in accordance with our then-current support policy.

8.3 Service Changes: Endform reserves the right to modify the Services, provided that material reductions in functionality will be communicated with reasonable advance notice.

9.1 Mutual Warranties: Each party represents and warrants that it has full power and authority to enter into these Terms and that these Terms constitute legally binding obligations.

9.2 Customer Warranties: Customer represents and warrants that:

9.3 DISCLAIMER: EXCEPT AS PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ENDFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.1 Liability Cap: Endform's aggregate liability arising out of or related to these Terms shall be limited to the total amount paid by Customer for the Services in the twelve (12) months immediately preceding the first incident causing the liability.

10.2 Consequential Damages: Neither party shall be liable for any indirect, special, incidental, consequential, or punitive damages, including lost profits, data, or revenue.

10.3 Exceptions: The limitations in this Section do not limit Customer's payment obligations or either party's liability for fraud, willful misconduct, or breach of confidentiality obligations.

11.1 Customer shall defend, indemnify and hold harmless Endform from and against any third-party claims arising from:

12.1 Term: These Terms commence when Customer accepts them and continue for the Subscription Term unless terminated earlier in accordance with these Terms.

12.2 Termination for Cause: Either party may terminate these Terms if the other party materially breaches and fails to cure such breach within thirty (30) days after written notice.

12.3 Immediate Termination: Endform may immediately terminate these Terms and suspend or terminate Customer's access to the Services, without notice and without opportunity to cure, if Customer:

12.4 Termination for Convenience: Either party may terminate these Terms with thirty (30) days' written notice.

12.5 Effect of Termination: Upon termination, Customer's right to access the Services ceases immediately, and Endform may delete Customer Content after a reasonable period. Customer remains liable for all fees incurred through the termination date.

13.1 Governing Law: These Terms shall be governed by the laws of Sweden without regard to conflict of laws principles.

13.2 Dispute Resolution: Before filing formal legal proceedings, the parties agree to attempt informal resolution by contacting hello@endform.dev. Disputes not resolved within fifteen (15) days may proceed to formal resolution.

13.3 Arbitration: Any dispute shall be exclusively settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be Stockholm, Sweden, and the language shall be English.

13.4 Assignment: Customer may not assign these Terms without Endform's prior written consent. Endform may freely assign these Terms.

13.5 Entire Agreement: These Terms constitute the entire agreement between the parties regarding the Services and supersede all prior agreements relating to the subject matter.

13.6 Modifications: Endform may modify these Terms with reasonable notice. Continued use of the Services after modifications become effective constitutes acceptance.

13.7 Severability: If any provision is held invalid, the remaining provisions shall continue in full force and effect.

13.8 Force Majeure: Neither party shall be liable for performance delays or failures due to causes beyond their reasonable control.