1. Provider and eligibility
TestCLIX sp. z o.o.
Al. Jerozolimskie 146C, 3rd floor, 02-305 Warsaw, Poland
KRS 0000348368 · NIP 6762415688 · REGON 121160537
Share capital: PLN 5,000
clix@testclix.comThe Services are for businesses and professionals, not consumers. Each user must be at least 18 and authorised to bind or act for the Customer. Mandatory rights that apply to a sole trader remain unaffected.
The agreement starts when the Customer accepts these Terms during registration or purchase, signs an Order, or uses Services under an Order incorporating them. An Order prevails for commercial details; Section 10 prevails for Customer Personal Data.
2. Services and accounts
TestCLIX provides Scenario, Availability and Web Vitals tests, a recorder and Session Player, schedules, results, alerts, integrations, APIs and optional AI features. Plan features and limits appear on the Website, Platform or Order.
Use requires internet access, a supported current browser, JavaScript and necessary browser storage. Users must provide accurate information, use individual accounts and protect credentials. Customer administrators control Projects, roles, invitations and billing permissions. The Customer is responsible for account activity unless caused by TestCLIX's breach.
TestCLIX may update the Services, provided paid core functionality is not materially reduced during a prepaid period without a proportionate remedy. Beta features may change or be withdrawn.
Email communications
TestCLIX maintains three separate, per-user email lists:
- Operational Updates (
updates_subscription) is enabled by default and may include non-marketing information about service availability, failures, technical changes and changes to TestCLIX contact or service addresses. - TestCLIX Journey (
journey_enabled) is enabled by default and may include a welcome email followed by a short series of non-promotional educational emails, normally sent every two days after Account creation. - Marketing Newsletter (
marketing_subscription) is disabled by default and is enabled only when the user actively selects the separate checkbox during onboarding or later in Settings. Skipping onboarding does not subscribe the user.
Each list is independent. A user may enable or disable it in Settings or unsubscribe through a link in the relevant email without affecting the other lists. Irrespective of these preferences, TestCLIX may send messages strictly necessary to administer the Account or agreement, including authentication, security, billing and legally required notices. Optional emails are sent only to the extent permitted by applicable law.
3. Customer Content and permitted use
“Customer Content” includes data submitted to, captured by or generated through the Services, including tests, URLs, steps, text, screenshots, recordings, page or DOM context, HAR and network data, secrets, prompts, results and integration payloads.
The Customer retains its rights and grants TestCLIX and its subprocessors only the limited right to process Customer Content to provide, secure and support the Services, follow instructions and comply with law. TestCLIX will not train general-purpose AI models with Customer Content, prompts or outputs without express opt-in. It may use genuinely anonymous aggregated statistics and will not use the Customer's name or logo for marketing without separate permission.
The Customer must be authorised to test each system and process its data, use appropriate safeguards and maintain needed backups. It must not:
- access or test systems without authorisation;
- attack security, introduce malware, evade limits, disrupt or overload systems;
- upload unlawful content or infringe third-party rights;
- use the Services for unlawful surveillance, spam or harmful activity;
- resell the Services without written permission; or
- reverse engineer them except where law prohibits this restriction.
Reports of unlawful content or infringement may be sent to clix@testclix.com.
4. Integrations and AI
Customer-selected integrations and external services are governed by their providers' terms. The Customer authorises TestCLIX to send configured data to them. TestCLIX is not responsible for third-party changes, outages or processing outside its control.
AI features are optional. Their outputs may be inaccurate and must be independently reviewed. They must not be the sole basis for legally or similarly significant decisions about a person. Input and output rights remain subject to law and third-party rights, and outputs may not be unique.
5. Plans, payment and cancellation
TestCLIX may change or discontinue the Free Plan on reasonable notice, or immediately for security, legal or abuse-prevention reasons.
Paid subscriptions run for the period in the Order and renew automatically for the same period until cancelled. Cancellation in the Platform takes effect at the end of the paid period. Upgrades, downgrades and usage charges follow the terms shown before confirmation.
Prices exclude VAT unless stated otherwise. Chargebee and its payment partners administer checkout and recurring payments. Fees are non-refundable except for an erroneous charge, TestCLIX's unremedied failure, written agreement or mandatory law. Overdue payment may lead to suspension or termination after a reasonable cure period. Price increases apply at a later renewal after at least 14 days' notice.
6. Operation, ownership and confidentiality
TestCLIX will use commercially reasonable efforts and professional care. No uptime, support or recovery SLA applies unless agreed in writing. Maintenance, emergencies, third parties and events beyond reasonable control may affect availability.
TestCLIX and its licensors own the Services, software, Documentation and trademarks. The Customer receives a non-exclusive, non-transferable right to use them during the agreement. Feedback may be used without identifying the Customer or disclosing Customer Content.
Each party must use the other's confidential information only for the agreement, protect it with reasonable care and disclose it only to people who need it and owe confidentiality duties. This excludes information lawfully public, previously known, independently developed or lawfully received without restriction. Legally required disclosure is permitted.
Personal data is handled under the Privacy Policy and Section 10 below.
7. Suspension, termination and data
TestCLIX may suspend access for a security risk, unlawful use, material breach or overdue payment. Where practical, it will explain the reason and allow a remedy. It may terminate an unremedied breach after notice, or act immediately for a breach that cannot be remedied or creates serious risk. On termination, access ends and accrued fees remain due. Subject to Plan functionality and payment, the Customer will have a reasonable opportunity to export Customer Content, after which data is handled under Section 10. Provisions that by nature must survive remain effective.
8. Disclaimers and liability
TestCLIX does not guarantee uninterrupted or error-free operation, compatibility with every system, detection of every defect, continued third-party availability or accuracy of Customer Content or AI output. The Services do not replace the Customer's testing, security, backups or judgment.
To the maximum extent permitted by law, neither party is liable for indirect or consequential loss or lost profit, revenue, savings, goodwill or opportunity. Each party's total liability is limited to fees paid during the 12 months before the event giving rise to the claim.
These limits do not apply to intentional misconduct, fees due, the Customer's unauthorised testing or infringement, or liability that cannot legally be limited. A signed Order may set a different cap. Each party must mitigate its loss.
9. Complaints, changes and law
Send complaints and notices to clix@testclix.com. TestCLIX will respond to a complete complaint within 14 days.
Material changes to these Terms will be notified at least 14 days before taking effect. The Customer may terminate before the change; continued use afterwards constitutes acceptance. Urgent legal or security changes may take effect sooner.
Polish law governs the agreement and courts for TestCLIX's registered office have exclusive jurisdiction unless mandatory law requires otherwise. Invalid provisions do not affect the rest. These Terms and the Order are the entire agreement.
10. Data Processing
10.1 Where TestCLIX processes personal data contained in Customer Content (“Customer Personal Data”) for the Customer, the Customer is the controller and TestCLIX is the processor. This Section is the parties' data processing agreement under Article 28 GDPR and equivalent UK GDPR provisions.
10.2 Processing covers cloud recording, testing, monitoring, storage, results, alerts, support, integrations and optional AI during the agreement and limited post-termination periods. It may include collection, storage, use, transmission, analysis, return and deletion. It concerns Customer users and people appearing in tested systems, recordings, traffic, alerts or integrations. Data may include identifiers, contacts, test text, URLs, screenshots, recordings, DOM, HAR and network data, headers, cookies, credentials, secrets, prompts, results and logs. The Customer must avoid sensitive data unless its use is lawful, necessary and protected.
10.3 TestCLIX processes Customer Personal Data only on documented instructions in the agreement, use of the Services and support requests, including transfer instructions. It will notify the Customer if an instruction appears unlawful. Legally required processing will be disclosed first unless prohibited. The Customer is responsible for lawful instructions, legal bases, notices and Data Subject requests.
10.4 TestCLIX ensures that authorised personnel are bound by confidentiality and maintains measures appropriate to risk covering access control, authentication and secrets, protection in transit and storage, tenant separation, secure development and infrastructure, monitoring, incident response, resilience, backups, deletion, subprocessor review and security testing.
10.5 TestCLIX will notify the Customer of a confirmed personal data breach without undue delay and, where reasonably possible, within 36 hours after awareness. It will provide available information and reasonably assist with Data Subject requests, breach duties, impact assessments and consultations.
10.6 The Customer generally authorises subprocessors necessary for the Services. TestCLIX imposes substantially equivalent duties and remains responsible as required by law. It gives at least 14 days' notice of a new subprocessor, except for an urgent replacement. The Customer may object on reasonable data-protection grounds; if no solution is available, either party may terminate the affected Service and unused prepaid fees will be refunded. Relevant providers may include Amazon Web Services and Amazon Cognito. Customer-selected Slack, Jira, Telegram and webhook destinations receive only the configured payload.
10.7 Restricted transfers use an adequacy decision, 2021 EU Standard Contractual Clauses, the UK Addendum or IDTA, or another lawful mechanism, with supplementary measures where required.
10.8 After termination, TestCLIX will return or delete Customer Personal Data at the Customer's choice unless law requires retention. Protected backup data is deleted through the normal lifecycle.
10.9 TestCLIX provides information reasonably needed to demonstrate Article 28 compliance. If insufficient, the Customer may conduct a confidential and proportionate audit once yearly, after a breach or when required by an authority, normally on 30 days' notice and at its own cost unless a material TestCLIX breach is found. TestCLIX discloses only what is legally required in response to government requests and notifies the Customer unless prohibited. This Section and mandatory transfer clauses prevail over conflicting Terms for Customer Personal Data.