TestAxion Terms of Service

Effective Date: September 19, 2026

1. Introduction & Strict B2B Scope of Services 
Welcome to TestAxion (“TestAxion”, “we”, “our”, or “us”), operating under the laws of the Republic of Türkiye. These Terms of Service (“Terms”) govern your access to and use of the TestAxion website (testaxion.com) and our B2B software testing, Quality Assurance (QA), Architecture Launch Audits, and “Crowdtesting” services (collectively, the “Services”).

Strict B2B Operations: Our Services are designed exclusively for business-to-business (B2B) engagements. By accessing our Site, purchasing a package, or requesting an audit, you represent and warrant that you are doing so on behalf of a registered corporate entity (the “Client” or “you”), and you possess the legal authority to bind that entity to these Terms. If you do not agree to these Terms, you must not use our Services.

2. Testing Methodology & Deliverables 
TestAxion provides specialized, advisory software testing services utilizing a distributed network of real human testers on real devices (not emulators). Depending on the selected package or scope of work, deliverables may include, but are not limited to, HD Video Evidence, Bug Reports (delivered via Jira, Excel, or similar platforms), and Log Analysis (for Enterprise plans).

3. The Credit/Unit System & Operational Logic 
Our QA services operate on a proprietary “Credit/Unit” system. The cost of a test session is calculated dynamically based on Duration, Location (Tier), and Tester Volume.

  • The Time Rule: 1 Unit equals 30 Minutes of Testing (e.g., a 1-hour test consumes 2 Units).
  • Location Multipliers (Tiers):
    • Tier 1 (Global Pool): Costs 2 Credits per Unit (Focus: Functional testing, non-geo specific).
    • Tier 2 (Europe & Asia): Costs 4 Credits per Unit (Focus: Localization, UX in specific regions).
    • Tier 3 (High-Demand Markets): Costs 7 Credits per Unit (Focus: USA, UK, Canada, Australia, etc.).
  • Calculation Formula: Total Cost = (Tier Cost) x (Number of Testers) x (Duration Units).

4. Fees, Packages & Subscriptions 
All services operate on a Pre-Paid Model and are 100% upfront. Testing will not commence until payment is cleared.

  • One-Time Packages (Pay-As-You-Go): Credits purchased via one-time packages are valid for a specific duration (e.g., 3, 6, or 12 months) from the date of purchase. Unused credits expire after this period.
  • Monthly Partner Plans (Subscriptions): Billed monthly or annually in advance. Unused credits roll over up to the maximum limit defined in your selected plan. Certain plans require a minimum commitment period (e.g., 3 months).
  • The “Risk-Free” Upgrade Bridge: If a Client purchases a “Starter Pack” and upgrades to any “Partner Plan” within thirty (30) days, TestAxion will deduct the full Starter Pack fee from the first month’s subscription invoice.
  • Scope Creep: Once a test cycle has been initiated, any structural changes to the software environment or test parameters requested by the Client may result in the forfeiture of allocated credits or require the purchase of additional Units.

5. Refund Policy (All Sales Are Final) 
Due to the immediate allocation of human resources, infrastructure, and operational setup required for Crowdtesting, all payments are final and strictly non-refundable once the testing cycle has commenced. TestAxion reserves the right to issue a partial or full refund at its sole discretion only if the Client cancels the Agreement prior to the commencement of any testing activities.

6. Execution & Delivery Timeline 
Final deliverables will generally be delivered within a standard target of fourteen (14) working days post-payment. Because crowdtesting relies on human resource allocation, scenarios requiring highly specific demographic or geographic test units may require operational extensions. In such cases, TestAxion will proactively communicate adjusted timelines. The 14-day delivery target is strictly contingent upon the Client providing immediate and unimpeded access to required testing environments, valid credentials, and necessary documentation. Any delay by the Client in providing these prerequisites will pause the delivery timer and correspondingly extend the final delivery date.

7. Disclaimer of Perfection & Service Limitations 
While we employ rigorous QA methodologies, software testing is inherently probabilistic. We do not and cannot guarantee that our Services will discover 100% of all defects, bugs, or vulnerabilities. The Client acknowledges that issues triggered by edge-case device states, future OS updates, or backend latency not present during the test window may not be uncovered. Our audits represent an assessment at a specific point in time and do not constitute a guarantee of uninterrupted or error-free operation.

8. Client Authorization and Responsibilities 
By utilizing our Services, you represent and warrant that:

  • Authorization: You possess the legal and administrative authority to grant TestAxion permission to test, probe, and interact with the designated software.
  • No Malicious Intent: You warrant that the software submitted for testing does not contain intentionally malicious code and that you are not using our Services to perform unauthorized penetration testing or denial-of-service (DDoS) attacks against third-party targets you do not own.
  • Data Backups: You are solely responsible for maintaining comprehensive backups of all your code, databases, and systems prior to testing.
  • Safe Environments: Unless explicitly agreed otherwise in a Master Service Agreement (MSA), you agree to provide staging/testing environments rather than live production environments for aggressive stress testing.

9. Intellectual Property, Confidentiality & Non-Solicitation

  • Confidentiality: TestAxion ensures all human testers sign Non-Disclosure Agreements (NDAs). Client data remains strictly confidential.
  • Client IP: You retain all right, title, and interest in your software and proprietary data. Upon full payment, you own the specific Test Reports and Video Evidence generated.
  • TestAxion IP: We retain all ownership of our testing methodologies, scripts, automated bots, and analytics models.
  • Non-Solicitation: During any active engagement and for twelve (12) months thereafter, the Client agrees not to directly or indirectly solicit, hire, or contract any TestAxion tester or personnel they interact with.
  • Publicity: TestAxion reserves the right to use the Client’s company name and logo as a reference on our website and marketing materials, unless the Client explicitly opts out in writing.

10. Limitation of Liability (CRITICAL);
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TESTAXION, ITS FOUNDERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES. TESTAXION SHALL NOT BE HELD LIABLE FOR ANY SYSTEM DOWNTIME, DATA LOSS, OR SECURITY BREACHES WITHIN YOUR INFRASTRUCTURE THAT OCCUR DURING OR AFTER OUR TESTING PROCESS. UNDER NO CIRCUMSTANCES WILL TESTAXION’S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL AMOUNTS PAID BY YOU TO TESTAXION FOR THE SPECIFIC TEST CYCLE GIVING RISE TO THE CLAIM. FOR FREE TIER AUDITS, TESTAXION’S LIABILITY SHALL BE STRICTLY LIMITED TO $100 USD.

11. Indemnification 
You agree to defend, indemnify, and hold harmless TestAxion and its personnel from claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your gross negligence, or any third-party claims alleging that your software violates applicable laws or infringes intellectual property rights.

12. Governing Law and Dispute Resolution (Arbitration)
These Terms shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be finally resolved by arbitration administered by the Istanbul Arbitration Centre (ISTAC) in accordance with the ISTAC Arbitration Rules. The seat of arbitration shall be Istanbul, Türkiye. The number of arbitrators shall be one. The language of the arbitration shall be English. The arbitral award shall be final, binding, and globally enforceable in any court of competent jurisdiction pursuant to the 1958 New York Convention.

13. Force Majeure 
TestAxion shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, global internet or cloud infrastructure outages, war, pandemics, or government restrictions.

14. Modifications to the Terms 
TestAxion reserves the right to modify these Terms at any time. We will post the revised Terms on this Site and update the “Effective Date.” Your continued use of the Services following any such changes constitutes your acceptance of the new Terms.

15. Contact Information 
For any legal inquiries regarding these Terms: [email protected]