Effective Date: January 4, 2026
Last Updated: January 4, 2026
These Terms of Service ("Terms", "ToS") constitute a legally binding agreement between you ("User", "you", or "your") and Xping sp. z o.o. ("Xping", "we", "us", or "our"), a company registered in Poland, governing your access to and use of the Xping test reliability platform, including our website (xping.io), dashboard (app.xping.io), SDK, API, and all related services (collectively, the "Service" or "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you as an individual and the organization.
You must be at least 18 years old to use the Services. By creating an account, you represent and warrant that you meet this age requirement and that all information you provide is accurate, current, and complete.
To access certain features of the Services, you must create an account. You agree to:
You may not:
When using the Services, you agree not to:
If you use our API or SDK, you agree to:
Xping offers multiple subscription tiers: Free, Pro, and Team. Each tier has specific usage limits, features, and pricing as detailed on our Pricing page. We reserve the right to modify our subscription tiers, features, and pricing at any time.
Paid subscriptions are billed on a monthly or annual basis, depending on your selected plan. Billing begins on the date you upgrade to a paid plan and renews automatically on the same day each billing cycle unless you cancel.
We reserve the right to change our pricing at any time. Price changes will take effect at the start of your next billing cycle after we provide you with at least 30 days' notice. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.
Beta Pricing Lock-In: Users who sign up during our beta period are eligible for lifetime pricing protection as described on our Pricing page. This means your pricing will not increase even if we raise prices for new customers.
All payments are non-refundable. We do not provide refunds or credits for partial months or years of service, prepaid fees, or fees for unused test executions. However, you may cancel your subscription at any time, and you will retain access to paid features until the end of your current billing period.
Each subscription tier includes a specific number of test execution uploads per month. When you reach your monthly limit:
You may cancel your paid subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You will not be charged for subsequent billing periods. After cancellation, your account will be downgraded to the Free tier, and features/limits will adjust accordingly.
Important Notice: Xping is currently in beta/early-stage development. The Services may contain bugs, errors, or incomplete features. We are actively developing and improving the platform, which may result in service interruptions, data inconsistencies, or unexpected behavior. By using the Services during this beta period, you acknowledge and accept these risks.
We strive to provide reliable and consistent access to the Services, but we do not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable due to:
Unless you are on the Team tier with an explicit SLA, we do not guarantee any specific uptime percentage or service availability. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.
We reserve the right to modify, update, or discontinue features of the Services at our sole discretion. We will make reasonable efforts to notify users of significant changes, but we are not obligated to maintain any specific feature indefinitely.
The Services, including but not limited to the Xping platform, dashboard, SDK, API, algorithms, source code, design, logos, trademarks, and all related intellectual property, are owned exclusively by Xping sp. z o.o. and are protected by copyright, trademark, patent, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes in accordance with these Terms. This license does not grant you any ownership rights or intellectual property rights in the Services.
You may not:
The Xping SDK for .NET is open source and licensed under the MIT License. While you may use, modify, and distribute the SDK in accordance with the MIT License, the Xping platform, dashboard, API, and backend services remain proprietary and are not open source.
If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Services without any obligation to compensate you.
You retain all ownership rights to the test execution data and content you submit to the Services ("User Data"). By using the Services, you grant us a limited license to process, store, and analyze your User Data solely for the purpose of providing the Services to you (e.g., calculating confidence scores, detecting flaky tests).
Our collection, use, and protection of your personal information and User Data is governed by our Privacy Policy. By using the Services, you consent to our data practices as described in the Privacy Policy.
Upon account termination or deletion, all User Data will be permanently deleted from our systems immediately. We do not retain User Data after account closure except as required by law. You are responsible for exporting any data you wish to retain before terminating your account.
You are solely responsible for:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, XPING DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
YOU ACKNOWLEDGE THAT XPING'S FLAKY TEST DETECTION AND CONFIDENCE SCORING ARE BASED ON STATISTICAL ANALYSIS AND MAY NOT BE 100% ACCURATE. YOU SHOULD NOT RELY SOLELY ON XPING'S ANALYSIS FOR CRITICAL BUSINESS OR TECHNICAL DECISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XPING SP. Z O.O., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
IN NO EVENT SHALL XPING'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT YOU PAID TO XPING IN THE 12 MONTHS PRECEDING THE CLAIM. IF YOU HAVE NOT PAID ANY FEES, OUR LIABILITY IS LIMITED TO €100.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the maximum extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless Xping sp. z o.o., its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
You may terminate your account at any time by accessing your account settings and following the cancellation process, or by contacting us at our contact page.
We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, if:
Upon termination of your account:
We reserve the right to modify these Terms at any time. When we make material changes, we will:
Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services and may cancel your account.
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles.
You agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the courts located in Poland. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
If you are a consumer based in the European Union, you may also have rights under EU consumer protection laws, and nothing in these Terms affects your statutory rights as a consumer.
In the event of any dispute, claim, or controversy arising out of or related to these Terms or the Services, the parties agree to first attempt to resolve the dispute informally by contacting us at our contact page. We will make good faith efforts to resolve the dispute within 30 days.
If the dispute cannot be resolved informally, it shall be resolved through the courts as described in Section 12.
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Xping regarding the Services and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms and our rights and obligations at any time without notice.
The Services may integrate with or contain links to third-party services (e.g., GitHub, Slack, Azure). We are not responsible for the content, policies, or practices of third-party services. Your use of third-party services is governed by their respective terms and privacy policies.
You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in, or a national or resident of, any country subject to international sanctions or embargoes.
These Terms are provided in English. In the event of any conflict between an English version and a translated version, the English version shall prevail.
If you have any questions, concerns, or requests regarding these Terms, please contact us:
Legal Notice: This is a draft Terms of Service document for early-stage use. These Terms will be reviewed and potentially revised by legal counsel before the general availability (GA) release of Xping. By using the Services during the beta period, you acknowledge that these Terms may be updated as the service matures.