TERMS OF SERVICE
TESTMYTEAM POWERED BY AI, S.L.
29th July 2025
This agreement ("Agreement") is entered into as of the date of electronic acceptance ("Effective Date") between:
TESTMYTEAM POWERED BY AI, S.L., a company organized under the laws of Spain and registered under CIF number B21860382, with registered office at Calle Augusto Figueroa 37, 5C 28003 Madrid, Spain ("Service Provider"); and
The individual or entity accepting these Terms electronically ("Client").
Service Provider and Client are each a "Party" and together the "Parties".
Acceptance by Electronic Means
By checking the acceptance box at signup, Client agrees to be bound by this Agreement. This electronic acceptance constitutes a valid and binding agreement between the Parties and has the same legal effect as a handwritten signature. If Client does not agree to these terms, Client must not create an account or use the Service.
This Agreement applies to both the free tier and any paid subscription. The applicable version of this Agreement is the one in force at the date of acceptance. Testmyteam will maintain a dated version history of these Terms of Service at testmyteam.ai/legal/terms-of-service.
1. Definitions
1.1 "Service" means the services offered by the Service Provider, whereas AI models analyze Client Data uploaded by Client and generate analytical reports on employee efficiency.
1.2 "Client Data" means all data, files, content, and materials provided or made available by or on behalf of Client to the Service, including any personal data.
1.3 "Output" means reports, analytics, insights, and other results generated by the Service from Client Data.
1.4 "Personal Data," "Controller," "Processor," and "Processing" have the meanings set forth in the GDPR (Regulation (EU) 2016/679).
1.5 "Free Tier" means the no-charge access level of the Service, which includes a one-time analysis of historical call data imported at the time of initial connection, and ongoing access to view the resulting dashboard Output.
2. Scope of Service
Subject to this Agreement, Service Provider will analyze Client Data using artificial intelligence and deliver Outputs.
2.1 Free Tier
The Free Tier provides Client with a one-time analysis of historical call data covering up to the last two full calendar weeks prior to connection. Following completion of this analysis, Client may view the resulting dashboard Output. No ongoing or recurring analysis is included in the Free Tier.
2.2 Free Tier availability
The Free Tier is provided at Service Provider’s sole discretion and may be modified, limited, or discontinued at any time. Such changes do not affect paying customers, whose service is governed by their applicable Order Form and Agreement.
3. Restrictions
3.1 Restrictions.
Client shall not: (a) use the Service to develop a competing offering; (b) upload unlawful content or content infringing third-party rights; or (c) use the Service in violation of applicable laws, including labor and privacy laws.
3.2 Client Responsibilities.
Client is solely responsible for: (a) the accuracy, quality, and legality of Client Data; (b) obtaining all necessary notices, consents, and authorizations, including any required employee information obligations and works council consultations; and "(c) ensuring a valid legal basis under whichever data protection laws are applicable to the Processing."
4. Outputs; Use and Reliance
4.1 Ownership of Outputs.
Client owns the Outputs. Service Provider retains all rights in the Service, models, and underlying technology.
4.2 Use.
Outputs are decision-support and are regularly subject to human review to minimize the possibility that they contain bias or inaccuracies. Client is solely responsible for its use of Outputs, and Service Provider cannot be held liable for Client’s unlawful use of Outputs.
4.3 Feedback.
Client grants Service Provider a royalty-free license to use feedback for improving the Service.
5. Fees and Payment
5.1 Fees.
Clients will pay the fees set out in the Order Form ("Fees"). Paid subscriptions are governed by the applicable Order Form.
The Free Tier is provided at no charge.
5.2 Invoices; Taxes.
Invoices are due 30 days from date of invoice. Fees are exclusive of taxes. Client is responsible for applicable taxes.
6. Client Data
6.1 Use of Client Data.
Client owns Client Data. Client grants Service Provider a non-exclusive license to Process Client Data solely to provide the Service, perform obligations, ensure security, comply with law, and as otherwise permitted by this Agreement.
6.2 AI models developers’ policies on data.
At the date of this Agreement, developers of AI models used for the Service have strict policies of not using data to train and improve AI models for the current use and paid plan of the Service Provider. Service Provider therefore warrants that, absent changes in these policies, Client Data will not be used to train AI models, either by Service Provider or by AI models developers.
6.3 Changes in AI models developers’ policies.
Service Provider cannot be held responsible for changes in AI models developers’ policies regarding use of data to train AI models. In case of such change, Service Provider will use commercially reasonable efforts to maintain Client Data confidentiality, including reasonable technical, contractual, or configuration safeguards. Service Provider will notify Client of any such change without undue delay and in any event within fifteen (15) business days of becoming aware.
6.4 Data Deletion.
Client may delete their account and all associated Client Data at any time directly from within the Service. Deletion takes effect immediately upon request. Client Data includes call recordings, transcripts, and AI-generated prompt results. Service Provider may provide written confirmation of complete removal from all systems and backups within 60 days of the deletion request, upon Client's written request.
7. Data Protection and Security
7.1 Roles.
For Processing of Personal Data in Client Data, Client is Controller and Service Provider is Processor.
7.2 Security.
Service Provider will implement appropriate technical and organizational measures to protect Client Data against unauthorized or unlawful Processing and against accidental loss, destruction, or damage.
7.3 Data Retention.
Service Provider will retain Client Data only as necessary to provide the Service, comply with legal obligations, or resolve disputes. Client Data will be deleted at latest 60 days after deletion has been requested by Client, in accordance with Section 6.4.
8. Confidentiality
8.1 Definition.
"Confidential Information" means non-public information disclosed by a Party that is designated as confidential or should reasonably be considered confidential, including Client Data and the Service.
8.2 Obligations.
The receiving Party shall: (a) use Confidential Information solely for this Agreement; (b) protect it with at least the same care used for its own confidential information (not less than reasonable care); and (c) disclose it only to personnel and advisors who need to know and are bound by confidentiality obligations.
8.3 Exclusions.
Confidential Information does not include information that is publicly available without breach, already known without obligation, independently developed, or rightfully received from a third party without duty of confidentiality.
8.4 Compelled Disclosure.
The receiving Party may disclose Confidential Information if legally required, with prompt notice to the disclosing Party where lawful.
9. Warranties and Disclaimers
9.1 Mutual.
Each Party warrants it has the authority to enter into this Agreement.
9.2 Service.
Service Provider warrants the Service will materially conform to this Agreement. Client’s exclusive remedy for breach is re-performance or, if not cured, a pro-rata refund of prepaid Fees.
9.3 Compliance.
Service Provider will perform in accordance with applicable laws. Client warrants it will use the Service in compliance with applicable laws.
9.4 Disclaimers.
Except as expressly stated, the Service and Outputs are provided "as is". Service Provider disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. This disclaimer applies equally to the Free Tier. Service Provider makes no commitment regarding uptime, availability, or continuity of the Service for Free Tier users.
10. Liability
10.1 Limitation.
To the maximum extent permitted by law, each Party’s aggregate liability arising out of this Agreement shall not exceed the total Fees paid or payable by Client under this Agreement in the 12 months preceding the event giving rise to liability.
10.2 Exclusions.
Neither Party will be liable for indirect, consequential, punitive, or special damages, including lost profits or loss of business, even if advised of the possibility.
10.3 Exceptions.
The limitations do not apply to willful misconduct or fraud.
11. Publicity
Service Provider may use Client’s name and logo in client lists and marketing materials with Client’s prior written consent, not to be unreasonably withheld.
12. Force Majeure
Neither Party is liable for delay or failure caused by events beyond its reasonable control (e.g., acts of God, war, epidemic, governmental actions, failures of third-party networks), provided it uses reasonable efforts to mitigate.
13. Notices
Notices must be in writing and delivered by hand, courier, or email with confirmation to the addresses below, or as updated in writing:
- For Service Provider: TESTMYTEAM POWERED BY AI, S.L., Calle Augusto Figueroa 37, 5C 28003 Madrid, Spain, paul.de@testmyteam.ai
- For Client: the email address provided at account registration.
Notices are effective upon receipt.
14. Entire Agreement; Order of Precedence; Amendments
This Agreement, including any Order Form, is the Parties’ entire agreement and supersedes prior agreements on the subject. In case of conflict, Order Form prevails over this Agreement. Amendments must be in writing and signed by both Parties.
15. Severability; Waiver
If any provision is invalid, the remainder remains effective. Failure to enforce any provision is not a waiver.
16. Governing Law and Jurisdiction
16.1 Governing Law.
This Agreement is governed by and construed in accordance with the laws of France.
16.2 Jurisdiction.
Any dispute in relation to this Agreement shall be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal (Cour d’appel de Paris).