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perfscale

Terms of Service

Effective date: April 3, 2026

These Terms of Service ("Terms") govern your access to and use of the perfscale website and platform at perfscale.io (the "Service"), operated by perfscale ("we", "us", or "our"). By creating an account or using the Service, you agree to be bound by these Terms.

1. Eligibility

You must be at least 16 years old and have the legal capacity to enter into a binding contract to use the Service. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Accounts

  • You are responsible for maintaining the confidentiality of your login credentials.
  • You must provide accurate and current information when creating your account.
  • You are responsible for all activity that occurs under your account.
  • You must notify us immediately at hello@perfscale.su if you suspect unauthorised access to your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

3. Acceptable Use

You agree not to use the Service to:

  • Test systems, networks, or APIs that you do not own or have explicit written permission to test.
  • Launch denial-of-service attacks or otherwise intentionally degrade systems outside your control.
  • Upload or transmit malicious code, malware, or exploits.
  • Violate any applicable law or regulation.
  • Resell or sublicense access to the Service without our prior written consent.
  • Reverse-engineer or attempt to extract the source code of the Service.

We reserve the right to investigate violations and, at our sole discretion, suspend or terminate access without notice.

4. Your Content

You retain ownership of any test scripts, configuration files, and other data you upload to the Service ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive licence to store, process, and transmit Your Content solely to provide the Service.

You are solely responsible for ensuring Your Content does not infringe third-party intellectual property rights or violate applicable law.

5. Subscription and Payment

  • Some features of the Service require a paid subscription.
  • Prices are displayed at perfscale.io/pricing and are subject to change with 30 days' notice.
  • Subscriptions are billed monthly or annually in advance.
  • All fees are non-refundable except as required by applicable law or as stated in our Refund Policy.
  • We use Stripe to process payments. Your payment data is governed by Stripe's Privacy Policy.

6. Free Trial

We may offer a free trial period. At the end of the trial, your account will automatically convert to a paid plan unless you cancel beforehand. No charge is made during the trial period.

7. Cancellation and Termination

  • You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period.
  • We may suspend or terminate your access immediately if you breach these Terms, fail to pay, or if we are required to do so by law.
  • Upon termination, your data will be retained for 30 days and then permanently deleted. You may export your data before termination.

8. Service Availability

We aim to maintain high availability but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice and emergency maintenance without notice. We are not liable for downtime caused by circumstances beyond our reasonable control (force majeure).

9. Intellectual Property

The Service, including its design, code, and documentation, is owned by perfscale and protected by copyright and other intellectual property laws. These Terms do not grant you any rights to use our trademarks, logos, or brand assets without prior written consent.

10. Confidentiality

Both parties agree to keep confidential any non-public information received from the other party in connection with the Service. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERFSCALE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) €100.

13. Indemnification

You agree to indemnify, defend, and hold harmless perfscale and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) Your Content; or (c) your violation of these Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Estonia, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved by the courts of Tallinn, Estonia, except where mandatory consumer protection laws in your jurisdiction provide otherwise.

15. Changes to These Terms

We may modify these Terms at any time. We will provide at least 14 days' notice of material changes via email or a notice within the Service. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

16. Miscellaneous

  • Entire Agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and perfscale regarding the Service.
  • Severability — If any provision is found unenforceable, the remaining provisions remain in full force.
  • No Waiver — Our failure to enforce any right or provision is not a waiver of that right.
  • Assignment — You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.

17. Contact Us

Questions about these Terms? Contact us at:

perfscale Email: terms@perfscale.su