Terms of Service

Bilingual representation This text is offered in Germand and English version. The German version (terms-of-service.de.md) is the legally authoritative one; this English version is a convenience translation.

Provider TALDEA GmbH, Tal 44, 80331 Munich, Germany Commercial register: Amtsgericht München, HRB 288991 · Managing Director: Jasenko Dizdarevic · VAT ID: DE365854751 · Contact: support@azhdaya.io Version 1.0, 15.09.2026

1. Scope and definitions

1.1 These Terms of Service (“Terms”) govern every contract between TALDEA GmbH (“Provider”, “we”) and its customers (“Customer”, “you”) concerning use of the Azhdaya platform (“Service”), comprising the web console, the scheduling backend and the test runner infrastructure.

1.2 The Service is directed at entrepreneurs within the meaning of § 14 BGB. Individuals acting for purposes outside their trade, business or profession are consumers within the meaning of § 13 BGB; they may register for the Free package, and sections 10 and 16.4 apply additionally to them.

1.3 The Customer’s own general terms and conditions do not apply, even if we do not expressly object to them and perform without reservation (§ 305 Abs. 2 BGB).

1.4 We may amend these Terms. Amendments are notified in text form at least six weeks before they take effect. If the Customer objects in text form before the effective date, the contract continues on the previous Terms and either party may terminate it at the end of the current billing period. The notice states the objection right and the consequence of silence (§ 308 Nr. 5 BGB).

2. Formation of contract

2.1 The presentation of packages in the console is an invitation to submit an offer, not a binding offer.

2.2 The Customer submits an offer by completing the registration form and confirming the order. The contract is formed when we confirm the registration in text form or first make the Service available, whichever is earlier.

2.3 Before submitting the order the Customer can review and correct the entries made. We store the contract text and make it available to the Customer in the console (§ 312i Abs. 1 Satz 1 Nr. 1–4 BGB).

3. The Service

3.1 The Service schedules the Customer’s own automated test suites — Playwright, and such other engines as we support from time to time — across a Kubernetes cluster, records the results and retains the resulting artefacts (recordings, traces, screenshots, logs).

3.2 The scope of the Service, in particular the number of runs, parallel runs, runners, users, projects and the retention period for runs and artefacts, is determined by the package the Customer has booked, as described in the console at the time of booking.

3.3 We target an annual availability of 99 % of the Service, measured over a calendar month, excluding announced maintenance windows and periods of non-availability for which we are not responsible. No availability is owed for the Free package.

3.4 We may develop the Service further and change, add to or discontinue individual functions where this is reasonable for the Customer, taking into account our interests (§ 308 Nr. 4 BGB). Material reductions of the agreed scope are notified at least six weeks in advance and give the Customer a right to terminate at the effective date.

4. Free package

4.1 The Free package is provided free of charge. It may be changed, restricted or discontinued at any time with four weeks’ notice in text form.

4.2 For the Free package our liability is limited to intent and gross negligence (§§ 521, 599 BGB apply accordingly). Section 14 remains unaffected as regards injury to life, body or health.

5. Customer obligations

5.1 The Customer is responsible for the accuracy of its registration data and must keep it current.

5.2 Access credentials, including repository access tokens stored in the console, must be kept confidential and protected against access by third parties. The Customer notifies us without undue delay upon becoming aware of any unauthorised use.

5.3 The Customer warrants that it is entitled to grant us access to the repositories it configures and that the content of those repositories does not infringe third-party rights.

5.4 The Customer may direct test runs only against systems it operates itself or is demonstrably authorised to test. Load and performance tests against third-party systems without that authorisation are prohibited.

5.5 The Customer indemnifies us against all third-party claims arising from a culpable breach of the obligations in this section 5, including reasonable costs of legal defence.

6. Acceptable use

The following are prohibited and constitute abuse for the purposes of section 7:

a) using the runner infrastructure for purposes other than executing the Customer’s own test suites, in particular for cryptocurrency mining, general-purpose computing, proxy or relay services, or distribution of content;

b) denial-of-service, load or stress testing directed at third-party systems without authorisation (see section 5.4);

c) uploading, executing or distributing malware, or using the Service to gain unauthorised access to any system;

d) circumventing the limits of the booked package, in particular by creating multiple accounts, sharing user accounts or automating registration;

e) conduct that measurably impairs the stability, integrity or performance of the platform for other customers;

f) content that is unlawful under German law, in particular content infringing criminal provisions or third-party intellectual property rights.

7. Suspension and termination for cause

7.1 Where there is concrete evidence of abuse within the meaning of section 6, we may suspend the affected account, project or run immediately and without prior notice. We inform the Customer of the suspension and its grounds without undue delay.

7.2 Either party may terminate the contract for cause without observing a notice period (§ 314 Abs. 1 BGB). Cause exists for us in particular where the Customer

a) commits a serious breach of section 6, or repeats a breach after warning; b) is in default of payment of not less than two monthly fees, after a reminder and the expiry of a reasonable grace period; c) provides materially false registration data, or d) uses the Service in a manner that exposes us to criminal or regulatory liability.

7.3 A warning under § 314 Abs. 2 BGB is not required where the breach is so serious that we cannot reasonably be expected to continue the contract, in particular in the cases of section 6 a), b), c) and f).

7.4 On termination for cause attributable to the Customer, fees paid for the current billing period are not refunded. Our right to claim damages remains unaffected.

8. Prices and payment

8.1 Prices for paid packages are stated in the console and are net prices in euro, plus statutory value added tax (§ 1 UStG). For Customers established in another EU member state who provide a valid VAT identification number, the reverse charge procedure applies (§ 13b UStG).

8.2 Fees are due monthly in advance. Payment is processed by our payment service provider Stripe. We do not store full payment card data.

8.3 In the event of default, we may charge default interest at nine percentage points above the base rate for entrepreneurs, and five percentage points for consumers (§ 288 Abs. 1, 2 BGB), together with a lump sum of EUR 40 for entrepreneurs (§ 288 Abs. 5 BGB).

8.4 The Customer may set off only against claims that are undisputed or have been finally determined by a court, and may assert a right of retention only within the same contractual relationship.

9. Term, termination and data deletion

9.1 The contract runs for an indefinite period and is billed in monthly periods.

9.2 Either party may terminate the contract at any time with effect from the end of the current billing period. No notice period applies. Termination requires text form (§ 126b BGB) and may be effected in the console.

9.3 The right of both parties to terminate for cause under section 7 remains unaffected.

9.4 After the contract ends we delete the Customer’s runs, artefacts and project data within 30 days, unless statutory retention obligations require otherwise. The Customer is responsible for exporting any data it wishes to retain before the contract ends.

10. Right of withdrawal for consumers

This section applies only to consumers within the meaning of § 13 BGB.

Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of conclusion of the contract. To exercise your right of withdrawal you must inform us — TALDEA GmbH, Tal 44, 80331 Munich, Germany, [support@azhdaya.io] — by means of a clear statement (for example a letter sent by post or an e-mail) of your decision to withdraw. You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and not later than 14 days from the day on which we receive notification of your withdrawal. We will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; you will not be charged any fees for such reimbursement.

Early expiry of the right of withdrawal. If you have expressly requested that we begin performance before the end of the withdrawal period and have confirmed your knowledge that you thereby lose your right of withdrawal upon complete performance, the right of withdrawal expires in accordance with § 356 Abs. 4 BGB. If performance has begun but is not yet complete, you owe reasonable compensation for the value of the services supplied up to the point of withdrawal (§ 357 Abs. 8 BGB).

Model withdrawal form (Annex 2 to Article 246a § 1 EGBGB)

To TALDEA GmbH, Tal 44, 80331 Munich, Germany, [support@azhdaya.io]: I/We () hereby give notice that I/We () withdraw from my/our () contract for the provision of the following service (): _______________ Ordered on ()/received on (): _______________ Name of consumer(s): _______________ Address of consumer(s): _______________ Signature of consumer(s) (only if this form is notified on paper): _______________ Date: _______________ (*) Delete as appropriate.

11. Rights in content and results

11.1 The Customer retains all rights in the repository content it makes accessible to us and in the test results and artefacts produced. The Customer grants us the simple, non-exclusive right, limited to the term of the contract, to reproduce, store and process that content to the extent necessary to provide the Service.

11.2 We retain all rights in the Service itself, including the console, the scheduler and the runner images. The Customer receives a simple, non-transferable right to use the Service for the term of the contract.

11.3 We may use aggregated, anonymised usage statistics that permit no inference as to the Customer or its content, for the purposes of operating and improving the Service.

12. Data protection and processing on behalf of the Customer

12.1 Where we process personal data on the Customer’s behalf in the course of providing the Service, this section constitutes the agreement required by Art. 28 Abs. 3 DSGVO. The Customer is the controller, we are the processor.

12.2 Subject matter, duration, nature and purpose. Processing consists of hosting, executing and storing the Customer’s test suites and their artefacts, for the term of the contract.

12.3 Categories of data and data subjects. Personal data that the Customer’s repositories, test data, logs, recordings and screenshots happen to contain; data subjects are the Customer’s employees, its test users, and such third parties as appear in that material. The Customer is responsible for not placing production personal data into test systems without a legal basis.

12.4 Instructions. We process the data only on documented instructions from the Customer (Art. 29 DSGVO). Use of the Service constitutes such instruction. We inform the Customer if we consider an instruction to infringe data protection law (Art. 28 Abs. 3 Satz 3 DSGVO).

12.5 Confidentiality. Persons authorised to process the data are bound to confidentiality (Art. 28 Abs. 3 lit. b DSGVO).

12.6 Security. We implement appropriate technical and organisational measures under Art. 32 DSGVO, in particular encryption in transit, access controls, separation of customer data by project, and encrypted storage of repository access tokens.

12.7 Sub-processors. The Customer grants general authorisation for the engagement of sub-processors (Art. 28 Abs. 2 DSGVO). Currently engaged: [hosting provider], [EEA data centre location]; Stripe Payments Europe Ltd., Ireland, for payment processing. We notify the Customer of intended changes at least four weeks in advance; the Customer may object on reasonable data protection grounds and, if we do not accommodate the objection, terminate the contract at the date of the change.

12.8 Location of processing. Processing takes place within the European Economic Area. Where payment processing involves a transfer to a third country, it is carried out on the basis of an adequacy decision or standard contractual clauses under Art. 46 Abs. 2 lit. c DSGVO.

12.9 Assistance. We assist the Customer, so far as reasonable, in responding to data subject requests (Art. 28 Abs. 3 lit. e DSGVO) and in complying with Art. 32 to 36 DSGVO. We notify the Customer of any personal data breach without undue delay (Art. 33 Abs. 2 DSGVO).

12.10 Deletion and audit. On termination of the contract we delete the data in accordance with section 9.4. We make available the information necessary to demonstrate compliance and allow for audits, including inspections, conducted by the Customer or an auditor mandated by it (Art. 28 Abs. 3 lit. h DSGVO), after reasonable notice and during business hours.

12.11 Our processing of the Customer’s own contract and contact data as controller is governed by our privacy policy.

13. Defects

13.1 The provision of the Service against payment is governed by the law of lease (§§ 535 ff. BGB). The Customer must notify defects without undue delay in text form, describing them so that they can be reproduced.

13.2 Strict liability for defects existing at the time of contract formation under § 536a Abs. 1 Alt. 1 BGB is excluded. Section 14 applies in its place.

13.3 A merely insubstantial reduction of usability is not a defect. Availability figures under section 3.3 are not a guarantee of quality within the meaning of § 443 BGB unless expressly designated as such in text form.

14. Liability

14.1 We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the Product Liability Act, and to the extent we have given a guarantee.

14.2 In the case of slight negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Customer regularly relies. In that case our liability is limited to the damage typical for this type of contract and foreseeable at the time of contract formation.

14.3 Subject to 14.1, our aggregate liability for slight negligence is limited to the fees paid by the Customer in the twelve months preceding the event giving rise to the claim, and to EUR 10,000 where those fees are lower.

14.4 Liability for loss of data is limited to the cost of recovery that would have arisen had the Customer made regular, risk-adequate backups. The Customer is responsible for exporting artefacts it wishes to retain beyond the retention period of its package.

14.5 The limitations in 14.2 to 14.4 apply equally to our legal representatives, employees and agents.

14.6 Section 4.2 applies in addition to the Free package.

15. Confidentiality

Each party will keep confidential the other’s confidential information made available under this contract, use it only for contractual purposes, and protect it with the same care it applies to its own confidential information, but in no event less than reasonable care. This obligation survives the end of the contract by three years. Statutory protection of trade secrets under the GeschGehG remains unaffected.

16. Final provisions

16.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice does not deprive them of the protection of mandatory provisions of the law of their habitual residence (Art. 6 Abs. 2 Rome I).

16.2 Where the Customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is Munich (§ 38 Abs. 1 ZPO). We may also sue at the Customer’s general place of jurisdiction.

16.3 Amendments and supplements to this contract require text form. This also applies to any waiver of the text form requirement.

16.4 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 Abs. 1 Nr. 1 VSBG).

16.5 Should any provision be or become invalid, the validity of the remaining provisions is unaffected. § 306 Abs. 2 BGB applies.