Term & Conditions

Acceptance of Terms

By accessing or using the services provided by Drizz Automation Technologies Private Limited ("Drizz" "we," "our," or "us") through our website https://drizz.dev/ and https://drizz.ai/ (the "Site" or “Platform”), you ("User," "you," or "your") agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services or access the Site.

Description of Services

Drizz offers software testing solutions, including but not limited to autonomous AI testing agents, test automation tools, and related services (collectively, the "Services") on the Platform. The Services are designed to assist users in automating and managing their software testing processes efficiently.

Use of Services

Eligibility: You must be a body corporate with the appropriate and relevant authorisations to use our Services. By using the Services, you represent and warrant that you have the legal capacity to enter into these Terms.
‍
User Account: You may be required to create an account to access certain features of the Services (“Customer Account”). You agree to provide accurate and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You will not sell, disclose, transfer or sublicense its log-in credentials or private key(s) for its accounts on the Platform to any entity or person, except that you are permitted to disclose such credentials and your private key(s) to a pre-authorised and limited list of your employees who will require access to the Platform and Services (“End Users”). Except to the extent caused by our breach of this Agreement, as between the parties, you are responsible for all activities that occur under your Customer Account. You shall be solely responsible and liable for the security of the credentials for Customer Account. You are responsible for properly configuring and using the Services in a manner that provides security and redundancy of your Customer Accounts and Customer Content. You shall (i) notify us immediately of any unauthorized use of the Customer Account or any other known or suspected breach of security, (ii) report to us immediately and use reasonable efforts to stop any unauthorized use of the Services that is known or suspected by you or any End User and (iii) not provide false identity information to gain access to or use the Services.
‍
Prohibited Conduct: You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable laws or regulations.
- Interfere with or disrupt the operation of the Services or the Site.
- Attempt to gain unauthorised access to any part of the Services or Site.
- Use the Services to transmit any harmful or malicious code.
- Reverse engineer, decompile or disassemble any aspect of the Services.
  ‍
Intellectual Property Rights
‍
1. Ownership: All content, features, and functionality of the Services and the Site, including but not limited to text, graphics, logos, and software, are the exclusive property of Drizz or its licensors and are protected by applicable intellectual property laws. The Company or its licensors own all right, title, and interest in and to the Services, Platform, and all related technology and intellectual property rights. Subject to this Agreement, the Company hereby grants you a limited, royalty-free, revocable, non-exclusive, non-sublicensable, non-transferrable license to use the Services and the Platform solely in connection with your permitted use of the Services during the Subscription Term. If applicable law requires a license to the Company’s intellectual property to use any Service, the Company also grants you such a license, subject to the same terms. No one else (including any third party) is authorized to grant this license. Except as stated in this Section, you receive no other rights to the Services, Platform, or any related intellectual property. Some Services or third-party content may come with their own licenses (such as open-source licenses). If there’s a conflict between this license and a separate license, the separate license will apply to that specific Service or content.
  ‍
  Subject to the terms and conditions of this Agreement, you hereby grants to the Company a limited, non-exclusive, royalty-free and non-transferable license, to copy, store, configure, perform, display, use, store and transmit Customer Content solely as necessary to provide the Services to you pursuant to this Agreement and the applicable Order Form (if applicable). You retain ownership and intellectual property rights in and to its Customer Content. Additionally, you grants to Company, a non-exclusive, worldwide, royalty-free license to (i) use its company name and logo to identify you as a customer of the Company and its affiliates on the website, and in any public announcement, customer lists, commercial presentations, flyers, brochures, newsletters and other marketing collateral (collectively, the “Items”); and (ii) reproduce, publish, distribute and translate the Items, for purposes of marketing, advertising, merchandising and publicity. The license granted under this Section will survive expiration or termination of this Agreement, provided you may, by giving Company at least 30 days’ prior written notice, terminate the license granted under this Section at any time following the termination of the Agreement. Upon termination of this license the Company will: (i) stop producing any new Items containing your company name or logo; and (ii) remove from the Site, your company name and logo; provided the right of Company and its affiliates to use your company name or logo in any other Items produced prior to the effective date of termination of this license will continue unaffected, and the Company or its affiliates will not be obligated to remove your company name or logo from any such Items.
  ‍
2. You and the End Users will not use the Services or the Platform in any manner or for any purpose other than as permitted by these Terms. You shall not, and shall not permit anyone to or attempt to, directly or indirectly
  ‍
3. Subject to the limited licenses granted herein, the Company shall own all rights, title and interest in and to the Platform, Services, Documentation, and other deliverables provided under this Agreement, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein. You agree to assign all rights, title and interest it may have in the foregoing to the Company.
  ‍
4. As between you and the Company, you or its licensors own all right, title, and interest in and to Customer Content which is (i) provided by you for the purpose of the provision of the Services; and/or (ii) created by you using the Services/ Software. Except as provided in this Agreement, the Company does not obtain any rights under this Agreement from you or its licensors to Customer Content.
5. You shall comply with all applicable local, state, national and foreign laws in connection with its use of the Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. You acknowledge that Company exercises no control over the content of the information transmitted by you or the End User through the Services. You shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights. You represent, covenant, and warrant that you will use the Services only in compliance with Company’s standard published policies, as amended from time to time including the privacy policy of the Company available at (“Privacy Policy”) and applicable law.
  ‍
6. You shall be solely responsible for obtaining all consents and authorizations as may be required by any applicable law, for the collection, storage and processing of information and/or sensitive information by Company according to your instructions, including that such processing according to your instructions will not place the Company in breach of applicable data protection laws. Prior to processing, you will inform Company about any special categories of data contained within your personal data and any restrictions or special requirements in the processing of such special categories of data, including any cross-border transfer restrictions.

User Content

Responsibility: You may have the opportunity to submit or upload content through the Services ("User Content"). You retain ownership of your User Content, but by submitting it, you grant Drizz a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display the User Content solely for the purpose of providing the Services. You are solely responsible for collecting, inputting and updating all data and materials created or provided by you and/or End Users to the Company for use, processing, storage or hosting in connection with the Services (“Customer Content”), and for ensuring that the Customer Content does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contain anything that is obscene, defamatory, harassing, offensive or malicious. You are responsible for its End Users’ use of Customer Content and the Services, and for their compliance with your obligations under these Terms.
‍
Representations: You represent and warrant that you have all necessary rights to submit the User Content and that such content does not infringe upon any third-party rights or violate any laws.

Payment Terms

You will pay Company the then applicable fees described in the Order Form in accordance with the terms therein (the “Fees”). Unless otherwise provided in the Order Form, Company shall invoice you for all Fees on the Order Form effective date. Customer shall pay all undisputed invoices within 30 (thirty) days of the date of the invoice without offset or withholding. Except as expressly provided otherwise, Fees are non-refundable, are payable in the currency detailed in the Order Form and must be paid by you to Company in such currency. For any disputed invoices, you will provide notice to the Company, including the basis for the dispute and any available supporting documentation, and the parties will meet (including by teleconference) within 30 days of the date of the notice to address the dispute. This 30-day period can be extended if mutually agreed by the parties. The Company can increase or add new fees and charges for any existing Service with at least 30 days’ prior notice.

Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination or suspension of Service.
‍

Taxes: You shall be responsible for all taxes associated with Services other than taxes based on Company’s net income. All Fees payable by you are exclusive of indirect taxes, except where applicable law requires otherwise. All payments made by you to the Company under this Agreement will be made free and clear of any deduction or withholding, as required by law. If any such deduction or withholding (including cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by the Company is equal to the amount then due and payable under this Agreement. The Company will provide you with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under these Terms or the Order Form (as applicable).
‍

You may cancel your subscription at any time through your account settings or by emailing us at gtm@drizz.dev. If you cancel your subscription during an active billing cycle, your subscription will remain active until the end of that billing cycle. No refund will be provided for any remaining days within the current billing cycle. After the cycle ends, your subscription will not renew, and your access to the platform will be disabled.

For Services purchased through a one-time payment (not recurring subscriptions), if you cancel before the end of the paid term, a pro-rata refund will be calculated for unused months starting from the next month after cancellation. Refunds for eligible one-time payments will be processed within thirty (30) days to your original payment method or through another mutually agreed mode of transfer. After your subscription term or single-payment term ends due to cancellation, your Customer Account will be locked and your userbase’s access to the platform will be disabled. Your Customer Account data will be retained for ninety (90) days after the cancellation month to allow for any required export or compliance. After this period, we will permanently delete your data from our systems, unless retention is required by law.

Initiating a chargeback or payment dispute without first contacting us to resolve the issue may result in immediate suspension or termination of your account. We reserve the right to contest any chargeback and recover associated costs.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of using the Services. This obligation shall survive the termination of these Terms

Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which can be found at Privacy Policy. Please review it to understand our practices regarding your personal information.

Disclaimers and Limitation of Liability

Disclaimer: The Services are provided "as is" and "as available." Drizz makes no warranties, express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
‍
Limitation of Liability: To the fullest extent permitted by law, Drizz shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorised access to or use of our servers and/or any personal information stored therein.

Indemnification

You agree to indemnify and hold harmless Drizz, its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Services, your User Content, or your violation of these Terms.

Termination

Drizz reserves the right to suspend or terminate your access to the Services at any time, with or without cause or notice, for conduct that it believes violates these Terms or is harmful to other users of the Services, Drizz, or third parties.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. If any dispute arises between you and the Company related to your use of the Site or Platform or your dealing with the Company in relation to any activity on the Site, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and all the rules and policies contained herein, the dispute shall be referred exclusively to a sole arbitrator who shall be an independent and neutral third party appointed in accordance with the Arbitration & Conciliation Act, 1996. The arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996, shall be in the English language, and the seat of arbitration shall be Bangalore, India. The arbitral award shall be final and binding on the parties and may be executed in the place of residence or domicile of either party to these Terms.

Changes to Terms

Drizz may modify these Terms from time to time. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Services following the posting of revised Terms signifies your acceptance of the changes. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. Any such change to these Terms of Service shall be effective immediately upon being posted/ uploaded on this Site. It is your responsibility to check these Terms periodically for changes. We also reserve the right to restrict to access to some parts of this Site or the Platform or in their entirety to the users. You are requested to immediately cease using the Site and Platform if you do not agree with these Terms (in whole or part thereof) or any other agreement that governs your use of the Site. Your continuous use of the Site shall be deemed as your continuous acceptance of these Terms or amended provisions of these Terms.