Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the Flakiness.io platform (the “Service”), which includes:

1. The cloud-based analytics dashboard provided by Degu Labs (the “Cloud Service”), and

2. The downloadable agent, Docker container, SDK, and CLI tools (the “Self-Hosted Components”).

The Service is operated by Degu Labs, Inc., a Delaware corporation, located at:

Degu Labs, Inc.
440 N Barranca Ave, #4556
Covina, CA 91723

(“Degu Labs”, “we”, or “us”).

By accessing or using the Service, you agree to be bound by these Terms.

2. Account Registration

You must provide accurate information when creating an account and are responsible for all activities conducted under your credentials.

3. Hybrid Service Model

3.1 Cloud Service

The Cloud Service provides hosted dashboards, analytics, and processing of Test Artifacts.

3.2 Self-Hosted Components (EULA Applies)

The Self-Hosted Components consist of locally deployed agents, Docker containers, SDKs, libraries, and CLI tools.
Use of these components is governed by the End User License Agreement in Section 12.

4. Customer Data & Test Artifacts

4.1 Definitions

“Test Artifacts” include videos, screenshots, network logs, console logs, Playwright traces, and similar debugging outputs.

4.2 Customer Responsibilities

Customer acknowledges that Test Artifacts may unintentionally contain personal or sensitive information. Customer is solely responsible for:

• Minimizing/anonymizing sensitive data

• Ensuring uploaded data complies with law

• Preventing ingestion of prohibited data

• Securing access credentials and environments

4.3 Prohibited Data Categories

Customer must not upload or process:

1. HIPAA-regulated Protected Health Information (PHI)

2. PCI-DSS payment card data

3. Children’s personal data under age 13 (COPPA)

4. Classified or export-controlled government data

5. Any data Customer is not legally permitted to provide

Degu Labs may delete prohibited data.

4.4 Storage & Retention

Retention periods for Test Artifacts are defined by the Customer’s Subscription Plan or Order Form.

• Videos/traces/logs/screenshots: retained according to the plan

• Metadata and aggregated analytics: retained indefinitely unless restricted by law

5. Fees, Billing & Refunds

Customer agrees to pay fees associated with the Subscription Plan.

5.1 Billing

Charges may be based on usage, seats, consumption, or enterprise agreements.

5.2 No Refunds

Except where required by law:

• Fees are non-refundable

• No refunds apply to partial months, unused time, or downgrades

6. Acceptable Use

Customer agrees not to:

• Upload Prohibited Data (Section 4.3)

• Interfere with Service operations

• Bypass or disable license/usage controls

• Use the Service for competitive benchmarking

• Reverse engineer or misuse the Self-Hosted Components

• Violate export control laws

Degu Labs may suspend or terminate accounts for violations.

7. Security

Degu Labs implements commercially reasonable security controls.

Customer is responsible for securing:

• Systems hosting Self-Hosted Components

• Network/firewall configurations

• Local authentication and access controls

8. No SLA for Self-Serve Plans

There is no SLA for non-enterprise/self-serve plans.

SLAs apply only where expressly included in an Enterprise Order Form.

9. Intellectual Property

Degu Labs retains all rights to:

• Software

• Documentation

• Cloud Service

• Analytics models

• Aggregated and anonymized data

No implied rights are granted.

10. Confidentiality

Test Artifacts constitute Customer Confidential Information.
Degu Labs may access such data only for:

• Operating the Service

• Troubleshooting performance issues

• Security or legal compliance

• Removing prohibited content

11. Warranties & Disclaimers

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

Degu Labs does not warrant:

• Error-free operation

• Uptime (except as provided in an SLA)

• Compatibility with Customer systems

• Accuracy of analytics

12. End User License Agreement (EULA) Self-Hosted Components

12.1 License Grant

A revocable, non-exclusive, non-transferable license to deploy Self-Hosted Components for internal business purposes.

12.2 Restrictions

Customer may not:

• Reverse engineer

• Modify or create derivative works

• Resell or distribute the software

• Circumvent license controls

• Access or use for competitive analysis

12.3 Updates

Updates may be required for continued operation.

12.4 Customer Responsibility

Customer bears full responsibility for:

• Deployment

• System security

• Configuration

• Environment maintenance

13. Limitation of Liability

To the extent allowed by law:

• Degu Labs’ total liability is limited to fees paid in the twelve (12) months preceding a claim

• Degu Labs is not liable for prohibited data uploaded by Customer

• No indirect, consequential, or punitive damages

14. Arbitration Agreement & Class Action Waiver

14.1 Binding Arbitration

Disputes are resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules.

14.2 No Class Actions

Claims may only be brought individually.

14.3 Governing Law

These Terms are governed by the laws of Delaware.

15. Contact

For legal or privacy inquiries:

legal@degulabs.com
privacy@degulabs.com

Degu Labs, Inc.
440 N Barranca Ave, #4556
Covina, CA 91723