PerfMonk

Legal

Terms of Service

Last updated: March 1, 2025

1. Acceptance of Terms

By accessing or using PerfMonk (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. These Terms apply to all users, including individual users, organisations, and their representatives.

2. Description of Service

PerfMonk provides an AI-powered performance engineering platform, including web-based tools, APIs, and a chat bot integration (“Engine”). Features include automated test script generation, distributed load execution, result analysis, and reporting. The Service is provided on a subscription basis.

3. Account Registration

You must create an account to access certain features. You agree to provide accurate, current, and complete information, and to maintain and promptly update your account information. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.

You must be at least 18 years of age to create an account. By creating an account on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

4. Acceptable Use

You agree not to:

  • Use the Service to conduct load tests against systems you do not own or have explicit written permission to test.
  • Attempt to reverse-engineer, decompile, or extract source code from the Service.
  • Use the Service to generate scripts designed to attack, disrupt, or harm third-party systems.
  • Resell, sublicense, or commercially exploit the Service without PerfMonk's written consent.
  • Violate any applicable laws or regulations in your use of the Service.
  • Introduce malicious code, bots, or automated scripts other than those provided by PerfMonk.

5. Subscriptions and Payment

Paid plans are billed on a monthly or annual basis. All fees are non-refundable except as required by applicable law or as stated in our refund policy. Prices are listed in USD unless otherwise noted.

We reserve the right to change pricing with 30 days' notice. Continued use of the Service after a price change constitutes your acceptance of the new price.

6. Intellectual Property

PerfMonk and its licensors own all intellectual property rights in the Service, including all software, algorithms, AI models, and documentation. You retain ownership of any test scripts and data you create using the Service. You grant PerfMonk a limited licence to use your data solely to provide and improve the Service.

7. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PERFMONK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFMONK'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU TO PERFMONK IN THE TWELVE MONTHS PRECEDING THE CLAIM. PERFMONK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10. Termination

Either party may terminate these Terms at any time. PerfMonk may suspend or terminate your access immediately if you violate these Terms. Upon termination, your right to use the Service ceases. Sections relating to IP, disclaimers, and liability survive termination.

11. Governing Law

These Terms are governed by the laws of India. Any disputes will be subject to the exclusive jurisdiction of the courts in India.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes with at least 14 days' notice via email or in-app notification. Your continued use after the effective date constitutes acceptance of the updated Terms.

13. Contact

For questions about these Terms, please contact us at perfmonk@perfmonk.in.