Terms of Service

Effective date: 2026-05-11

These Terms of Service (“Terms”) govern your use of OttoTester (“OttoTester,” “we,” “us,” or “our”), a hosted service operated by Business Performance Systems, LLC (“the Company”). By signing up for or using OttoTester, you agree to these Terms. If you do not agree, do not sign up for or use the service.

If you are using OttoTester on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and the references to “you” in this document include that organization.

The service

OttoTester is a hosted service that uses AI agents to plan, write, and run automated tests against web applications you provide. The service includes the agents themselves, the dashboard, reporting, test data management, and related features.

We may update, add, or remove features over time. We will give you reasonable notice before making changes that materially reduce the functionality of the service for paying customers.

Your account

To use OttoTester, you must create an account. You agree that:

• The information you provide at sign-up is accurate and that you will keep your account information current.
• You are responsible for keeping your account credentials and your organization’s credentials secure.
• You are responsible for activity that occurs under your account, including activity carried out by the AI agents on your behalf.

Notify us promptly at support@ottotester.ai if you believe your account has been compromised.

Acceptable use

You agree NOT to use OttoTester to:

• Test or interact with applications you do not own or are not authorized to test. You are responsible for ensuring you have the necessary rights and permissions before pointing OttoTester at any application.
• Violate applicable law, including laws governing unauthorized access to computer systems, intellectual property, privacy, or export control.
• Bypass authentication, access controls, or rate limits on applications you are not authorized to test.
• Upload files or other content that contains malware, infringes third-party rights, or is otherwise unlawful. We scan uploaded files for malware and may reject or remove anything we believe violates these Terms.
• Reverse-engineer, scrape, or attempt to extract source code or model weights from OttoTester.
• Resell the service or expose it as a product to third parties without our written permission.

We may suspend or terminate accounts that we reasonably believe have violated these terms.

Your content and your tests

You retain ownership of the content you upload to OttoTester, including test data, files, credentials, and configuration. You grant the Company a limited, worldwide license to host, process, display, and otherwise use that content solely for the purpose of providing the service to you.

OttoTester’s AI agents generate test plans, test scripts, and related artifacts based on your application and your inputs. As between you and the Company, the test artifacts the agents produce for your account belong to you, subject to any third-party rights in underlying components (for example, the open-source test runner the scripts are written against).

Service availability and changes

We aim to keep OttoTester available, but the service is provided on an “as is” and “as available” basis. We may perform maintenance, upgrades, or migrations that temporarily affect availability.

We may modify the service or any feature of it at any time. We will give paying customers reasonable advance notice of changes that materially reduce the functionality they have paid for.

Fees and billing

Some features of OttoTester are offered for a fee. Fees, billing cycles, and limits are described in your subscription, order form, or current pricing page. Unless we state otherwise:

• Fees are quoted exclusive of taxes; you are responsible for any applicable taxes.
• Charges are non-refundable except as required by applicable law or expressly stated in your subscription.
• We may change fees with reasonable advance notice; changes apply to renewal periods after the notice.

If you exceed plan limits (for example, exceeding included run minutes or model spend), we may meter additional usage at the overage rates in effect or temporarily limit further usage until the next billing cycle.

Third-party services

OttoTester runs on and integrates with third-party services (cloud providers, AI model providers, authentication providers, and others). Your use of those services through OttoTester is also subject to their terms. We are not responsible for changes, outages, or actions of third-party providers.

Disclaimers

OttoTester is a productivity tool that uses AI to generate test plans and scripts. The Company does not warrant that the tests our agents produce will catch every defect in your application, that runs will always succeed, or that the service will be uninterrupted or error-free. You remain responsible for reviewing the tests our agents produce and for the quality of your software.

EXCEPT AS EXPRESSLY STATED IN A WRITTEN AGREEMENT WITH THE COMPANY, OTTOTESTER IS PROVIDED “AS IS” AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUES, OR DATA; OR THE COST OF SUBSTITUTE SERVICES — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM RELATED TO OTTOTESTER WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from your violation of these Terms or your unauthorized use of the service, including any claim that you used OttoTester against an application you were not authorized to test.

Termination

You may stop using OttoTester at any time and may close your account through the application. We may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms or used the service in a way that risks harm to other users, to the service, or to third parties.

When you close your account, we keep your data for 30 days in case you change your mind, then permanently delete it. If you would rather erase everything right away, you can do so by typing DELETE to confirm — this is immediate, permanent, and cannot be undone.

Sections of these Terms that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

Governing law

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the service will be resolved in the courts of the Commonwealth of Virginia, United States, and you and the Company submit to the personal jurisdiction of those courts.

Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the Effective date above and, where appropriate, notify you through the application or by email before the change takes effect. Your continued use of OttoTester after a change takes effect constitutes acceptance of the updated Terms.

Contact

Questions about these Terms should be sent to:

Email: support@ottotester.ai