Terms of Service

1.1 These Terms constitute a legally binding agreement between You and Testtament governing Your access to and use of the Services.

1.2 By creating an account, subscribing to a plan, accessing the Platform, or otherwise using any portion of the Services, You expressly consent to these Terms and agree to comply with all applicable laws, rules and regulations governing Your use of the Services.

1.3 Testtament reserves the right to amend, modify, supplement or replace these Terms from time to time in accordance with Clause 15 of these Terms. Your continued use of the Services following the effective date of any amendment shall constitute Your acceptance of the revised Terms.

1.4 Where You use the Services on behalf of an Agency, You further acknowledge and agree that such Agency shall be responsible for compliance with these Terms by its authorised users and for all activities undertaken through its account.

2.1 Testtament provides a business-to-business software-as-a-service (“SaaS”) platform designed to assist Agencies in monitoring and analysing the visibility and representation of their clients, brands, businesses, services or other entities across AI-powered answer engines, search environments and related digital discovery systems.

2.2 The Services may include, without limitation:

1. a. configuring and executing specified search queries, prompts or related monitoring instructions;
2. b. analysing responses generated by third-party AI or search systems;
3. c. identifying mentions, citations, recommendations, rankings, references or other representations relating to a business or brand;
4. d. generating visibility metrics, scores, including the “Testtament Score”, and related component scores;
5. e. providing analytical observations, recommendations and remediation suggestions;
6. f. generating reports, including white-labelled reports, for use by Agencies and their clients; and
7. g. providing such other features, functionality and services as Testtament may make available from time to time.

2.3 The Services are intended to provide analytical and monitoring information concerning AI visibility and search performance. Testtament does not represent or warrant that the Services will cause any business, brand, website, content or client to obtain, maintain or improve any particular ranking, recommendation, citation, mention, visibility level, search position or commercial outcome.

2.4 Testtament may modify, suspend, discontinue or replace any feature, functionality, component or part of the Services from time to time, provided that such modification shall not materially deprive the Agency of the principal functionality of the subscribed Services.

3.1 Access to certain features of the Services may require You to create and maintain an account with Testtament.

3.2 You shall provide accurate, complete and current information during the registration process and shall promptly update such information where necessary to ensure that it remains accurate and complete.

3.3 You shall be responsible for maintaining the confidentiality and security of Your account credentials and for all activities conducted through Your account, whether or not expressly authorised by You.

3.4 You shall immediately notify Testtament upon becoming aware of any unauthorised access to or use of Your account, credentials or the Services.

3.5 You shall not create or maintain an account using false, misleading, fraudulent or impersonated information, nor shall You permit any person who is not authorised by You to access the Services through Your account.

3.6 Testtament reserves the right to refuse registration, restrict access or suspend an account where it reasonably determines that the account has been created or is being used in violation of these Terms or applicable law.

4.1 The Agency shall be solely responsible for the accuracy, completeness and legality of all information, business information, client information, queries, prompts, instructions, materials and other content submitted, configured or otherwise provided by the Agency in connection with the Services (“Agency Content”).

4.2 Where the Agency submits information concerning any client, business, brand or third party (“Client”), the Agency represents and warrants that it has obtained all rights, permissions, authorisations and consents necessary to provide such information to Testtament and to permit Testtament to process and use such information for the purpose of providing the Services.

4.3 The Agency shall remain solely responsible for its contractual and commercial relationship with each Client, including the manner in which the Services, reports, scores, recommendations and other outputs are presented, explained or communicated to such Client.

4.4 The Agency acknowledges that Testtament does not enter into any direct contractual relationship with the Agency’s Clients merely by providing Services to the Agency.

4.5 The Agency shall independently evaluate all scores, reports, recommendations, analytical outputs and other information generated through the Services before relying upon, publishing, communicating or acting upon the same.

4.6 The Agency shall not represent that any score, ranking, recommendation, citation, visibility measurement or other output generated by the Services constitutes a guarantee, certification, endorsement or prediction by Testtament concerning the future performance of any Client, business, brand, website or content.

5.1 Access to the Services may be provided on a subscription basis in accordance with the pricing and subscription plan selected by the Agency.

5.2 Unless otherwise expressly stated in the applicable subscription plan, subscription fees shall be charged as a flat monthly fee per Agency and shall not be calculated separately on a per-seat or per-Client basis.

5.3 Subscription fees shall be payable in advance in accordance with the billing cycle applicable to the selected subscription plan.

5.4 Payments may be processed through a third-party payment service provider. Where applicable, such payment service provider may act as the merchant of record and may be responsible for processing, collecting and administering payments on behalf of Testtament.

5.5 The Agency authorises Testtament and/or its designated payment service provider to charge the applicable subscription fees, taxes and other amounts properly payable under the selected subscription plan using the payment method provided by the Agency.

5.6 Testtament reserves the right to modify its pricing, subscription plans or applicable fees from time to time. Any revised pricing shall apply prospectively and shall be communicated to the Agency through reasonable means.

5.7 Testtament may offer free trials, demonstrations, pilots or promotional access for a specified period and subject to such conditions as Testtament may determine. Unless otherwise expressly stated, Testtament shall have no obligation to continue any free or promotional access after the applicable period expires.

5.8 Unless otherwise expressly agreed in writing, subscription fees paid to Testtament shall be non-refundable, including where the Agency terminates its subscription before the expiry of a prepaid billing period.

6.1 The Services may interact with, analyse or rely upon information generated, displayed or made available by third-party artificial intelligence systems, answer engines, search engines, websites, APIs or other third-party services (“Third-Party Services”).

6.2 Testtament is independent of and is not affiliated, endorsed, sponsored or authorised by OpenAI, Google, Anthropic, Perplexity or any other third-party AI or search provider unless expressly stated otherwise.

6.3 The Agency acknowledges that outputs generated by Third-Party Services may be incomplete, inaccurate, inconsistent, outdated, unavailable or subject to change without notice.

6.4 The Agency further acknowledges that AI-generated results may vary depending upon the query, prompt, location, timing, model, data sources, system configuration, algorithmic changes and other factors outside Testtament’s control.

6.5 Accordingly, Testtament does not warrant or guarantee that any particular AI system will generate a particular result, ranking, recommendation, citation, mention or representation in response to any query or prompt.

6.6 Any score, analysis, recommendation or report generated by Testtament shall constitute an analytical output based upon the information and results available to Testtament at the relevant time and shall not constitute legal, financial, business, marketing or other professional advice.

6.7 The Agency shall exercise independent judgment and professional discretion before relying upon or communicating any output generated through the Services.

7.1 All rights, title and interest in and to the Platform and Services, including all software, source code, object code, interfaces, databases, designs, features, functionality, methodologies, algorithms, scoring systems, analytical frameworks, reports, documentation, trademarks, service marks, trade names and other intellectual property embodied therein, shall remain the exclusive property of Testtament or its licensors.

7.2 Nothing contained in these Terms shall be construed as granting the Agency any ownership interest in the Platform or any intellectual property belonging to Testtament, except for the limited right to access and use the Services during the applicable subscription period and in accordance with these Terms.

7.3 The Agency shall retain ownership of the Agency Content and Client business information lawfully submitted by the Agency to Testtament.

7.4 The Agency grants Testtament a limited, non-exclusive, worldwide licence to host, reproduce, process, analyse and otherwise use the Agency Content solely to the extent reasonably necessary to provide, maintain, secure and improve the Services and to perform Testtament’s obligations under these Terms.

7.5 Testtament may use aggregated and/or de-identified information derived from the use of the Services for legitimate business, analytical, statistical, security and product-improvement purposes, provided that such information does not identify the Agency or an individual Client unless otherwise expressly permitted.

7.6 Subject to these Terms, the Agency may use and distribute white-labelled reports generated through the Services to its Clients for legitimate business purposes.

7.7 Such use or distribution shall not confer upon the Agency any ownership or other proprietary interest in Testtament’s software, methodology, algorithms, scoring systems or underlying technology.

Refer to the Privacy Policy for this clause.

9.1 The Platform and Services are provided on an “as is” and “as available” basis, to the maximum extent permitted by applicable law.

9.2 Testtament does not warrant that:

1. a. the Services shall be uninterrupted, error-free, secure or continuously available;
2. b. the information, data or outputs generated through the Services shall be complete, accurate, reliable or current at all times;
3. c. any particular AI visibility, ranking, recommendation, citation, mention or search result shall be achieved or maintained;
4. d. the Services shall satisfy every requirement or business objective of the Agency or its Clients; or
5. e. any defect, error or technical issue affecting the Services shall be corrected within a particular period.

9.3 The Agency acknowledges that AI-generated outputs, search results and related third-party information are subject to factors beyond Testtament’s reasonable control, including changes in algorithms, models, indexing systems, data sources, APIs, third-party terms and availability.

9.4 Nothing contained in the Services shall constitute legal, financial, investment, tax, regulatory, marketing or other professional advice, and the Agency shall remain responsible for obtaining independent professional advice where required.

10.1 The Agency shall indemnify, defend and hold harmless Testtament, its directors, officers, employees, representatives, affiliates and service providers from and against any claims, proceedings, liabilities, losses, damages, penalties, costs and expenses, including reasonable legal fees, arising out of or relating to:

1. a. the Agency’s breach of these Terms;
2. b. the Agency Content or Client information submitted or provided by the Agency;
3. c. any allegation that the Agency lacked the requisite rights, authority, permission or consent to provide or use such information;
4. d. the Agency’s violation of applicable law or third-party rights;
5. e. the Agency’s misuse of the Services; or
6. f. any representation, warranty or statement made by the Agency to a Client concerning the Services or any output generated through the Services.

10.2 Testtament shall provide the Agency with reasonable notice of any claim for which indemnification is sought and shall provide reasonable cooperation in the defence of such claim, provided that failure to provide notice shall not relieve the Agency of its obligations except to the extent materially prejudiced thereby.

11.1 The Agency may terminate its subscription in accordance with the cancellation procedure applicable to its subscription plan.

11.2 Testtament may suspend or restrict access to the Services where Testtament reasonably believes that:

1. a. the Agency has materially breached these Terms;
2. b. applicable subscription fees remain unpaid;
3. c. the Agency’s use of the Services presents a security, legal or regulatory risk;
4. d. the Agency has engaged in prohibited or abusive conduct; or
5. e. suspension is reasonably necessary to protect the Platform, Testtament, its users or the integrity of the Services.

11.3 Where reasonably practicable, Testtament shall provide notice of a suspension and an opportunity to remedy the relevant breach, except where immediate suspension is reasonably necessary due to security concerns, unlawful conduct, material risk or other circumstances requiring immediate action.

11.4 Upon termination or expiry of the applicable subscription, the Agency’s right to access and use the Services shall cease, except for provisions which by their nature are intended to survive termination.

11.5 Clauses relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law and dispute resolution, and any other provisions which by their nature are intended to survive termination, shall continue to remain binding following termination or expiry.

12.1 Testtament may from time to time modify, update, improve or discontinue features, functionality or components of the Services in response to technological developments, operational requirements, legal or regulatory requirements, security considerations or other legitimate business reasons.

12.2 Testtament may amend these Terms from time to time by publishing the revised Terms on the Platform or by otherwise providing reasonable notice to the Agency.

12.3 The revised Terms shall become effective on the date specified therein or, where no effective date is specified, upon publication.

12.4 Where an amendment materially affects the Agency’s rights or obligations, Testtament shall, where reasonably practicable, provide reasonable prior notice.

12.5 Continued access to or use of the Services after the effective date of revised Terms shall constitute acceptance of such revised Terms.

Refer to the Privacy Policy for this clause.

14.1 Entire Agreement: These Terms, together with the Privacy Policy and any applicable subscription order, plan or written agreement entered into between the parties, constitute the entire agreement between the Agency and Testtament concerning the Services and supersede all prior or contemporaneous understandings relating to the subject matter thereof.

14.2 Assignment: The Agency shall not assign, transfer or otherwise dispose of its rights or obligations under these Terms without the prior written consent of Testtament. Testtament may assign or transfer these Terms in connection with a merger, acquisition, corporate restructuring, sale of substantially all of its assets or similar transaction.

14.3 Severability: If any provision of these Terms is held to be invalid, illegal or unenforceable by a competent authority, such provision shall, to the extent permissible, be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14.5 Contact Us: For questions, notices or communications concerning these Terms or the Services, You may contact Testtament at:

Testtament Email: team@testtament.com Website: testtament.com