Terms & Conditions
Last updated: February 2026
§ 1 Scope and Provider
These General Terms and Conditions ("Terms") govern the use of the TestAssets platform ("Service"), a cloud-based test data management solution. By registering for or using the Service, you enter into a binding agreement with the provider. These Terms apply exclusively; conflicting or deviating terms of the user are not recognized unless expressly agreed to in writing.
Provider
Christoph Schwenk
c/o flexdienst – #12272
Kurt-Schumacher-Straße 76
67663 Kaiserslautern, Deutschland
§ 2 Description of Service
TestAssets provides a cloud-based test data management platform that enables users to organize, track, and manage test data efficiently. The Service includes:
- Test data creation, storage, and organization tools
- Nested list management functionality
- API access for programmatic integration
- Collaboration and sharing features
§ 3 Contract Formation
The contract is formed upon successful registration and creation of a user account. By completing the registration process, you submit a binding offer to enter into a usage agreement. Acceptance occurs through activation of your account. The contract language is English; German law applies.
§ 4 User Accounts
4.1 Account Creation
To use the Service, you must create an account. You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials and keep them confidential
- Promptly update any changes to your information
- Accept full responsibility for all activities under your account
- Notify us immediately of any unauthorized access or security breach
4.2 Eligibility
You must be at least 18 years old and have full legal capacity to use this Service. By creating an account, you represent and warrant that you meet these requirements.
§ 5 Acceptable Use Policy
You agree not to:
- Use the Service for any illegal or unauthorized purpose
- Violate any applicable laws, regulations, or third-party rights
- Upload or transmit viruses, malware, or malicious code
- Attempt to gain unauthorized access to our systems or other users' data
- Interfere with or disrupt the Service, servers, or connected networks
- Collect or harvest user information without explicit consent
- Use the Service to send unsolicited communications or spam
- Impersonate any person or entity or misrepresent your affiliation
- Infringe upon intellectual property rights of third parties
- Reverse engineer, decompile, or attempt to extract source code from the Service
§ 6 Content Ownership and Rights
6.1 Your Content
You retain all ownership rights to content you upload to the Service ("Your Content"). By uploading content, you grant the provider a limited, non-exclusive, revocable license to store, process, and display Your Content solely for the purpose of providing and maintaining the Service. This license ends when you delete Your Content or terminate your account.
6.2 Provider's Content
The Service, including its design, features, functionality, documentation, and underlying software, is owned by the provider and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without prior written permission from the provider.
§ 7 API Usage
If you use the TestAssets API, you agree to:
- Comply with API rate limits and usage restrictions as published in the API documentation
- Secure your API keys and prevent unauthorized access; you are liable for all usage under your keys
- Use the API only for legitimate purposes in connection with the Service
- Not resell, sublicense, or redistribute API access to third parties
§ 8 Payment and Fees
8.1 Subscription Plans
Certain features of the Service require a paid subscription. By selecting a paid plan, you agree to pay all applicable fees as described in the pricing information at the time of purchase. All prices are inclusive of applicable statutory VAT.
8.2 Billing
Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on the plan selected). You authorize the provider to charge your selected payment method. Failure to pay may result in suspension or termination of access to paid features.
8.3 Refunds
Fees are generally non-refundable except where required by mandatory applicable law, including but not limited to consumer protection laws of the European Union.
§ 9 Service Availability
The provider endeavors to provide the Service with an availability of 99% on a monthly average. Scheduled maintenance windows, force majeure events, and disruptions outside the provider's control are excluded. The provider shall not be liable for temporary unavailability due to maintenance, updates, or circumstances beyond the provider's reasonable control.
§ 10 Data Backup
The provider implements reasonable backup procedures to protect against data loss. However, you are responsible for maintaining your own backups of Your Content. The provider shall not be liable for data loss or corruption except in cases of intent or gross negligence.
§ 11 Right of Withdrawal
If you are a consumer within the European Union, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day of contract conclusion. To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement (e.g., a letter or email sent to support@testassets.io). You may use the account deletion feature in Settings to initiate withdrawal. Please note: If you have expressly consented to the commencement of service provision during the withdrawal period and acknowledged that you thereby lose your right of withdrawal, the right of withdrawal may be excluded for digital content already provided.
§ 12 Liability
12.1 Unlimited Liability
The provider is liable without limitation for damages caused by intent or gross negligence, for injury to life, body, or health, and for claims under the German Product Liability Act (Produkthaftungsgesetz).
12.2 Limited Liability
In cases of slight negligence, the provider is only liable for breach of material contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable, typically occurring damage. For paid subscriptions, this is limited to the total fees paid by the user in the 12 months preceding the damaging event.
12.3 Exclusion
Any further liability of the provider is excluded, regardless of the legal basis. The above limitations of liability also apply in favor of the provider's employees, representatives, and vicarious agents.
§ 13 Indemnification
You agree to indemnify and hold harmless the provider from any third-party claims, losses, damages, liabilities, and reasonable expenses (including legal fees) arising from your use of the Service in violation of these Terms, your breach of applicable law, or your infringement of any third-party rights.
§ 14 Termination
14.1 By You
You may terminate your account at any time through the Settings page. For paid subscriptions, termination takes effect at the end of the current billing period. No refunds are provided for partial billing periods unless required by mandatory law.
14.2 By the Provider
The provider may suspend or terminate your account with reasonable notice if you materially violate these Terms, engage in fraudulent activity, or use the Service in a manner that threatens the security or integrity of the platform. In cases of severe violation, termination may be effective immediately.
14.3 Consequences of Termination
Upon termination, your right to access the Service ceases. The provider may delete Your Content after a reasonable grace period of 30 days following termination, unless legal retention obligations apply.
§ 15 Data Protection
The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. Please review our privacy practices here: Privacy Policy
§ 16 Governing Law
These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer within the EU, you additionally benefit from any mandatory provisions of the law of the country in which you are resident.
§ 17 Dispute Resolution
The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG). For commercial users, the exclusive place of jurisdiction is Kaiserslautern, Germany. For consumers, the statutory provisions regarding jurisdiction apply.
§ 18 Severability
Should any provision of these Terms be or become invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the original provision.
§ 19 Changes to Terms
The provider reserves the right to modify these Terms with at least 30 days' prior notice. Changes will be communicated via email or through the Service. If you do not object within the notice period and continue to use the Service, the modified Terms are deemed accepted. You will be specifically informed about your right to object and the consequences of silence in the change notification.
§ 20 Contact Information
For questions about these Terms, please contact us:
Email: support@testassets.io