Terms of Service

1. Who we are

[LEGAL ENTITY NAME], a company registered at [REGISTERED ADDRESS] under registration number [COMPANY REGISTRATION NUMBER] and VAT number [VAT NUMBER] (“we”, “us”, “our”), operates the Side By Side visual-regression and console-testing service available at sbspx.com (the “Service”).

“You” means the person or organisation that creates an account. If you create an account on behalf of a company, you confirm you are authorised to bind it, and “you” means that company.

2. The service

The Service renders web pages you nominate in an automated browser, stores those renders, compares later renders against them, records browser console output, and presents the results to your organisation. It may also, when you enable it, submit the resulting images to a third-party AI provider for classification.

The Service is provided as software-as-a-service. We may add, change or remove features; we will not materially reduce a capability that your paid plan is sold on without notifying you in advance (see clause 18).

3. Accounts, organisations and seats

• An account belongs to exactly one organisation. Sites, runs, screenshots and API keys belong to that organisation, not to an individual user.
• You must give an accurate email address and verify it. Until it is verified, the account can sign in but cannot enqueue jobs that fetch external websites.
• You are responsible for everything done under your credentials, for keeping them secret, and for removing users who leave your organisation.
• Seats are limited by your plan. Pending invitations count against the seat cap so that seats cannot be oversold.
• Accounts are for organisations, not for resale of the Service as your own product, unless we agree that in writing.

4. Plans, trial and the free tier

Each plan sets numeric limits (sites, seats, screenshots per 30 days, AI analyses per month, environments, viewport presets, retention period, API rate limit) and a set of capabilities, published on our pricing page. Not every published figure is enforced by the platform today: the pricing page marks which limits and capabilities are enforced, which currently apply to every plan, and which are not built at all. Those markings are part of these terms, and a limit we do not enforce today is not a debt you owe us for having exceeded it.

Trial. New organisations may start a 14-day trial without providing a payment method. The trial provides elevated capabilities with reduced limits. At the end of the trial, if you have not subscribed, the organisation moves to the free plan. We do not delete your data at that moment, and we do not delete it later on a timer either: trial runs remain until you delete them, and sites in excess of the free limit become read-only rather than being removed.

Free plan. The free plan is permanent and costs nothing. It is provided as-is, without any support commitment, and we may change its limits with 30 days' notice.

5. Fees, taxes and payment

• Prices are shown in EUR and USD and are set independently per currency; they are not recalculated from an exchange rate.
• All prices are exclusive of VAT and any other applicable tax. Where the reverse charge applies to an EU business customer with a valid VAT number, no VAT is charged; otherwise VAT is added at the applicable rate.
• Payments are processed by Stripe. Card details are entered on Stripe's systems: we never see or store your card details.
• Every charge produces an invoice you can download from the billing page.
• If a payment fails, Stripe retries it on its standard schedule. We will show the failure in the application and allow a grace period before restricting the organisation. We do not delete data because of a failed payment.

6. Renewal, plan changes and proration

Subscriptions renew automatically — monthly on a monthly plan, annually on an annual plan — until cancelled. Annual plans are billed for twelve months at the published annual price, which represents two months free relative to the monthly price.

You may change plan at any time. Changes are prorated by Stripe for the remainder of the current period: an upgrade is charged pro rata immediately, a downgrade is credited against your next invoice. A downgrade that puts you above the new plan's limits does not delete anything — the excess simply becomes read-only until you are back within the limits.

Per-unit add-ons (extra sites, screenshots, AI analyses or seats) are not available to purchase today. If we introduce them, they will be subscription items on the same billing cycle, prorated in the same way, and you will only ever be charged for one you have chosen to add.

7. Cancellation and refunds

• You can cancel at any time, yourself, from the billing page. No notice period, no phone call.
• Cancellation takes effect at the end of the period you have already paid for. The organisation then moves to the free plan.
• We do not automatically refund the unused portion of a period. If the Service failed materially on our side, contact [BILLING EMAIL] within 14 days and we will refund or credit the affected period at our discretion.
• Where you are a consumer with a statutory right of withdrawal, that right applies in addition to this clause and is not affected by it.
• Cancellation does not delete your data. The organisation moves to the free plan and keeps its runs, screenshots and history; we run no automated deletion. Delete it yourself from your account page — that request executes after a 7-day grace period you can cancel within — or ask us and we will delete it for you.

8. Acceptable use

You may only point the Service at websites you own or are authorised to test. This is the single rule we will enforce most strictly, because automated fetching of someone else's site without permission is your liability and ours.

You must not:

• use the Service to load-test, stress, scrape at volume, or otherwise degrade any website, including your own;
• use it to capture content you have no right to access, or to circumvent an access control you were not given;
• process unlawful content, or content that would require us to hold a licence we do not have;
• attempt to access another organisation's data, probe our infrastructure outside a responsible-disclosure report, or interfere with other customers' use;
• resell, sublicense or white-label the Service (the product offers no white-labelling feature today);
• circumvent plan limits, share a single account across organisations, or create multiple free accounts to avoid paying.

We may throttle or suspend activity that threatens the stability of the platform, and we will tell you when we do.

9. Your content and your warranties

“Customer Content” means the URLs, credentials, configuration, screenshots, console output and any other data captured or stored on your instruction. As between you and us, Customer Content is yours.

You warrant that you have the right to have us fetch, render and store the pages you configure, including where those pages display personal data. Screenshots of a live site can contain personal data — names in a members list, an address in a footer, a logged-in user's details. Where they do, you are the controller and we are your processor; the terms of that relationship are in our Data Processing Agreement, which forms part of this agreement.

You grant us the limited licence to host, process, transmit and display Customer Content solely to provide the Service to you, and — only when you leave AI analysis enabled — to transmit diff images to the AI sub-processor named in our sub-processor list. We do not use Customer Content to train models, and we do not sell it.

10. Intellectual property

We own the Service, its software, interface, documentation and brand. You get a non-exclusive, non-transferable right to use it during your subscription. Feedback you send us may be used without obligation, but we will never present your Customer Content as our own or use your name as a reference without your written permission.

11. Availability and changes to the service

We do not offer a contractual availability commitment or service credits on the self-serve plans, and we will not publish an availability figure we cannot stand behind. We aim for continuous availability, we monitor the platform, and queued jobs are designed to survive a restart and be retried rather than lost.

Contractual service levels, including credits, are available only as part of a negotiated Scale agreement.

We may perform maintenance that briefly interrupts the Service, and will avoid announced maintenance during European business hours where we can.

12. Suspension and termination

We may suspend an organisation immediately if it breaches clause 8 in a way that threatens another party, if required by law, or if an invoice remains unpaid after Stripe's retry schedule has completed and we have contacted you. We will restore access as soon as the cause is resolved.

Either party may terminate for material breach that is not remedied within 30 days of written notice. On termination we stop processing and give you at least 30 days to export your data before we delete it; we will tell you the date in writing rather than deleting anything silently.

13. Disclaimer of warranties

The Service is a testing aid, not a guarantee. It reports what changed between two renders; it cannot promise to catch every visual defect, and a clean comparison is not a statement that your site is correct. To the maximum extent permitted by law, the Service is provided “as is” and we exclude all implied warranties, including fitness for a particular purpose and non-infringement. Nothing in this clause limits rights you have as a consumer that cannot be excluded by law.

14. Limitation of liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, we are not liable for indirect or consequential loss, loss of profit, loss of business, loss of goodwill, or loss of data that you could have exported. Our total aggregate liability arising out of or in connection with this agreement in any twelve-month period is limited to the fees you paid us in the twelve months before the event giving rise to the claim, or [MINIMUM LIABILITY FLOOR] if that is greater.

15. Indemnity

You will indemnify us against third-party claims arising from your breach of clause 8 or clause 9 — in particular, claims by the operator of a website you instructed us to fetch without authorisation.

16. Confidentiality

Each party will keep the other's non-public information confidential and use it only to perform this agreement. Our staff access customer data only when necessary to operate the Service or to resolve a support request you raised, and such access is logged.

17. Data protection

Our processing of personal data is described in the Privacy Policy. Where we process personal data contained in Customer Content on your behalf, the Data Processing Agreement applies and is incorporated into these terms by reference. You accept it when you create an organisation; you do not need to ask us for a copy or negotiate it.

18. Changes to these terms

We may update these terms. For changes that materially affect your rights or the price you pay, we will give at least 30 days' notice by email to the organisation owner and in the application. If you do not accept a material change, you may cancel before it takes effect and we will refund the unused portion of any prepaid period.

19. Governing law and disputes

This agreement is governed by the law of [GOVERNING LAW — EU MEMBER STATE], and the courts of [COMPETENT COURTS] have exclusive jurisdiction, except that a consumer may bring proceedings in the courts of their own country of residence where the law requires it. We will always try to resolve a dispute informally first — write to [SUPPORT EMAIL].

20. Contact

General and support: [SUPPORT EMAIL]
Billing: [BILLING EMAIL]
Privacy: [PRIVACY EMAIL]
Security reports: [SECURITY EMAIL]

Postal address: [REGISTERED ADDRESS].