Terms of Service

Effective Date: January 27, 2025 | Last Updated: January 27, 2025

1. Agreement to Terms

By accessing or using TestRush ("Service"), available at testrush.app, you ("User", "you", "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and TestRush ("Company", "we", "us", "our").

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of Service

TestRush is a cloud-based test management platform that provides:

  • Checklist-style test case management
  • Test run execution and tracking
  • Integration capabilities via Model Context Protocol (MCP)
  • Reporting and analytics features

The Service is provided "as is" and "as available" without warranties of any kind.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use this Service. By using TestRush, you represent and warrant that you meet these requirements.

4. Account Registration

4.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update this information to keep it accurate.

4.2 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice. Reasons for termination may include, but are not limited to:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of fees
  • Extended periods of inactivity
  • Request by law enforcement or government agencies

5. Subscription and Payments

5.1 Pricing

Current pricing plans are available at testrush.app. All prices are in USD and exclude applicable taxes.

5.2 Billing

  • Subscriptions are billed in advance on a monthly basis
  • All payments are processed through our authorized payment processor (FastSpring)
  • You authorize us to charge your payment method for all fees incurred

5.3 Taxes

You are responsible for all applicable taxes. If we are required to collect taxes, they will be added to your invoice.

5.4 Price Changes

We reserve the right to change our prices at any time. Price changes will be communicated at least 30 days in advance and will apply to subsequent billing periods.

5.5 Failed Payments

If payment fails, we may:

  • Retry the charge
  • Suspend your access to the Service
  • Terminate your account after reasonable notice

6. Refund Policy

6.1 Refund Window

You may request a full refund within 14 days of your initial purchase or subscription renewal, for any reason.

6.2 Refund Process

To request a refund, contact us at support@testrush.app. Refunds will be processed within 5-10 business days to your original payment method.

6.3 Exclusions

Refunds may be denied if:

  • The request is made after the 14-day window
  • There is evidence of abuse or fraudulent activity
  • You have previously received a refund for the same subscription period

6.4 Post-Refund Access

Upon refund, your access to paid features will be immediately revoked.

7. Acceptable Use Policy

7.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

7.2 Prohibited Activities

You agree NOT to:

  • a) Illegal Activities:
    • Use the Service for any illegal purpose
    • Violate any applicable laws or regulations
    • Infringe on intellectual property rights of others
  • b) Harmful Activities:
    • Upload viruses, malware, or malicious code
    • Attempt to gain unauthorized access to our systems
    • Interfere with or disrupt the Service or servers
    • Perform security vulnerability testing without written permission
  • c) Abuse:
    • Use the Service to harass, abuse, or harm others
    • Send spam or unsolicited communications
    • Create multiple accounts to circumvent restrictions
    • Share account credentials with unauthorized users
    • Resell or redistribute the Service without authorization
  • d) System Abuse:
    • Overload our infrastructure through excessive automated requests
    • Scrape, crawl, or spider the Service without permission
    • Reverse engineer, decompile, or disassemble the Service
    • Remove or alter any proprietary notices or labels

7.3 Consequences

Violation of this policy may result in immediate termination of your account without refund.

8. User Content and Data

8.1 Your Content

You retain all rights to the content you upload to the Service ("User Content"). This includes test cases, test runs, attachments, and any other data you create or upload.

8.2 License to Us

By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to:

  • Store, process, and display your content to provide the Service
  • Create backups for data protection purposes
  • Analyze aggregated, anonymized usage patterns to improve the Service

We do not sell your data or use your content for advertising purposes.

8.3 Your Responsibilities

You represent and warrant that:

  • You own or have necessary rights to all User Content
  • Your User Content does not violate any third-party rights
  • Your User Content does not contain illegal or harmful material

8.4 Content Removal

We reserve the right to remove any User Content that violates these Terms, without prior notice.

9. Intellectual Property

9.1 Our Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by TestRush and protected by international copyright, trademark, and other intellectual property laws.

9.2 Restrictions

You may not:

  • Copy, modify, or distribute the Service
  • Use our trademarks without written permission
  • Create derivative works based on the Service
  • Claim ownership of any part of the Service

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

10. Third-Party Integrations

10.1 MCP and AI Integrations

The Service supports integration with third-party AI models and tools via Model Context Protocol (MCP). You acknowledge that:

  • These integrations are provided for convenience only
  • We do not control third-party services
  • Third-party terms and privacy policies apply to their services
  • Data shared with third-party services is subject to their policies

10.2 No Endorsement

Integration support does not imply endorsement of any third-party service.

10.3 Responsibility

You are solely responsible for your use of third-party integrations and any data you share with them.

11. Service Availability and Modifications

11.1 Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (we will provide reasonable notice when possible)
  • Unscheduled maintenance or emergency repairs
  • Factors beyond our control

11.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation.

11.3 Feature Changes

Features may be added, modified, or removed at our discretion. We are not obligated to maintain any specific feature or functionality.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SECURITY FROM UNAUTHORIZED ACCESS
  • COMPATIBILITY WITH YOUR SYSTEMS

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TESTRUSH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Cost of substitute services

13.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

  • The amount you paid us in the 3 months preceding the claim, OR
  • Fifty US Dollars ($50 USD)

14. Indemnification

You agree to indemnify, defend, and hold harmless TestRush and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content
  • Your negligence or willful misconduct

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at support@testrush.app and attempt to resolve the dispute informally for at least 30 days.

15.2 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

15.3 Arbitration Agreement

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration, not in court, except for disputes that qualify for small claims court.

15.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or notice within the Service. Continued use of the Service after changes constitutes acceptance of the modified Terms.

17. Contact Information

For questions about these Terms, contact us at:

TestRush
Email: support@testrush.app
Website: https://testrush.app

By using TestRush, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.