TestOval Terms of Service

These Terms of Service ("Terms") govern access to and use of TestOval (the "Service"), operated by [LEGAL_ENTITY_NAME] ("TestOval", "we", "us", "our"), a business registered in Nigeria. By creating an account or otherwise using the Service, you ("you", "User") agree to be bound by these Terms.

This document is a draft template prepared to reflect the features of TestOval as described to us. It is not a substitute for advice from a qualified lawyer, and should be reviewed by one — particularly around liability, subscription/billing terms once finalized, and Nigerian company registration details — before publication.

1. The Service

TestOval is a QA record-keeping and test-management platform. It helps testing teams log defects, author and organise test cases, run structured test cycles, generate AI-assisted drafts of reports and defect records, route work through approval workflows, and maintain a permanent, auditable record of QA activity.

TestOval is a system of record and productivity aid for human testers. It does not autonomously execute, run, or perform testing on your behalf; all AI-generated content is a draft intended for human review before it becomes part of your records.

2. Accounts

2.1 Individual Accounts

An individual account gives one person full access to their own private workspace.

2.2 Organisation Accounts and Roles

Organisation accounts support multiple users under the following roles, each with different permissions within the Service:

• Super Admin — manages users and seats.
• Team Lead — full control over projects, products, defects, test cases, and the shared team manual.
• Tester — manages products, defects, and test cases.
• Viewer — read-only access, with limited ability to update status or comment on defects assigned to them.

The Customer Organisation is responsible for assigning roles appropriately and for the actions of the users it invites into its workspace.

2.3 Account Responsibilities

• You must provide accurate registration information and keep your credentials confidential.
• You are responsible for all activity that occurs under your account.
• You must notify us promptly at admin@testoval.com if you suspect unauthorised use of your account.

3. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Upload content that infringes the intellectual property or privacy rights of others.
• Attempt to gain unauthorised access to another organisation's workspace or data.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to store or transmit malicious code.
• Access or use the Service to build, develop, or inform a product or service that competes with TestOval, or to benchmark or evaluate the Service for competitive purposes, without our prior written consent.
• Copy, replicate, or derive the Service's workflows, features, user interface, data models, or underlying design for the purpose of creating a competing product.

You acknowledge that a breach of the competing-use restrictions above may cause harm to TestOval that cannot be adequately remedied by monetary damages alone, and that we may seek injunctive or other equitable relief in addition to any other remedies available to us, without needing to post a bond, to the extent permitted by law.

4. Your Content

You and your organisation retain ownership of all defects, test cases, screenshots, videos, reports, and other content submitted to the Service ("Customer Content"). You grant TestOval a limited, non-exclusive licence to host, process, transmit, and display Customer Content solely as necessary to provide and improve the Service, including sending relevant content to third-party AI providers as described in our Privacy Policy.

You represent that you have the necessary rights to upload and submit Customer Content, including any screenshots, videos, or documents containing third-party or personal information, and that doing so does not violate any law or the rights of any third party.

5. AI-Generated Content

TestOval uses AI (including Google's Gemini models) to draft defect reports, test cases, and report narratives from the information and media you provide. AI-generated drafts are provided as a starting point only. TestOval does not guarantee the accuracy, completeness, or fitness for purpose of AI-generated content, and you are responsible for reviewing, editing, and approving any AI-generated content before relying on it or treating it as a finalized record.

6. Subscriptions and Fees

Certain features of the Service may require a paid subscription. Pricing, billing cycles, and tier limits (including seat and usage limits) will be presented at the time of purchase and are subject to change with reasonable notice. Fees are non-refundable except where required by law or expressly stated otherwise at the time of purchase.

Free or trial tiers, where offered, may be modified or discontinued at our discretion.

7. Data Protection

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms. Where a Customer Organisation acts as a data controller for Customer Content and TestOval acts as a processor, both parties agree to comply with their respective obligations under applicable data protection law, including the Nigeria Data Protection Act 2023 and, where applicable, the GDPR.

8. Intellectual Property

The Service, including its software, design, branding, and underlying technology, is owned by TestOval or its licensors and is protected by intellectual property laws. These Terms do not grant you any rights to TestOval's trademarks, logos, or brand assets except as necessary to use the Service as intended.

9. Suspension and Termination

• You may stop using the Service and request account deletion at any time by contacting admin@testoval.com.
• We may suspend or terminate accounts that violate these Terms, pose a security risk, or where required by law, with notice where reasonably practicable.
• Upon termination, your right to access the Service ends; certain records may be retained as described in our Privacy Policy or as required by law.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TESTOVAL AND [LEGAL_ENTITY_NAME] SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless TestOval and [LEGAL_ENTITY_NAME] from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your violation of these Terms or your misuse of the Service.

13. Governing Law

These Terms are governed by the laws of the Federal Republic of Nigeria, without regard to conflict-of-law principles. Where a Customer Organisation is based outside Nigeria, nothing in these Terms limits any mandatory consumer or data protection rights available to it under its local law.

14. Dispute Resolution

In the event of a dispute arising from these Terms, the parties agree to first attempt to resolve the matter informally by contacting admin@testoval.com. If a resolution is not reached within a reasonable time, disputes shall be subject to the exclusive jurisdiction of the courts of Nigeria, unless otherwise required by applicable law.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via the Service or by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Contact Us

Email: admin@testoval.com
Operated by: [LEGAL_ENTITY_NAME], Nigeria