Terms of Service

These Terms of Service (the "Terms") are an agreement between you and the operator of dejav ("we", "us", or "our"). They govern your access to and use of dejav, together with the Privacy Policy, Acceptable Use Policy, and, where it applies, the Data Processing Addendum. Each forms part of these Terms. By checking the agreement box and selecting “Agree and continue” on the agreement screen, you confirm that you have read these Terms and agree to them. If you do not agree, do not use the Service.

dejav sends an autonomous AI agent to operate websites on your instructions. The agent can submit forms, change data, and cause effects that neither you nor we intended. Sections 6, 7, 18, 19, and 20 explain who bears responsibility for those effects. Please read them carefully.

1. Definitions

Service means dejav: the website at dejav.io, the web application, its APIs, the test agents and execution environments, and all related software, documentation, and support.
You means the person who creates or uses an account. If you use the Service for a company or other organization, you also means that organization, and you confirm that you are authorized to bind it to these Terms.
Team means the unit in the Service that owns projects, credits, and billing, and whose members can see and operate its projects.
Target Site means any website, application, API, server, or other system that the Service accesses at the direction of your account or Team, including every domain, subdomain, page, and third-party resource or service that is loaded, contacted, or affected in the course of a test.
Test Activity means everything the Service does on your behalf: crawling, scanning, generating test cases, learning, replaying, and relearning tests, and every navigation, click, input, form submission, request, and other operation performed on a Target Site.
Your Content means what you or your Team provide to the Service: URLs, settings, credentials, text, specification files, test cases you write or import, and similar material.
Output means what the Service produces for you: test cases, run results, detected issues, reports, screenshots, and replays.
Credits means the units the Service uses to measure AI work, such as generating, learning, and relearning tests. Credits are held by a Team.

2. Pre-release service

The Service is a pre-release (beta) version that is still being built. By using it you acknowledge and accept that:

Some features described on our website, in the product, or in other materials are not yet implemented, are incomplete, or work differently than described.
The Service may contain bugs, design flaws, and unforeseen behavior, including behavior that causes Test Activity to go beyond what you or we intended.
Features, limits, credit costs, prices, and these Terms may change, and features may be removed, without the notice a released product would give, subject to Section 22 for changes to these Terms.
The Service may be slow, interrupted, or unavailable, and data held in it may be lost or corrupted. Keep your own copies of anything you need; you can export your data from account settings.
There is no service level agreement, and we do not promise any level of availability, performance, accuracy, or support.

3. Business use and eligibility

The Service is a tool for building and testing software and is provided for business and professional use, including by individual developers. By using it you confirm that you use it for the purposes of your trade, business, or profession.
You must be at least 18 years old and able to form a binding contract.
You must not use the Service if you are subject to sanctions, or if your use would violate export control or sanctions laws that apply to you or to us.
We may refuse registration or use by anyone, including anyone who has previously breached these Terms, without giving a reason.

4. Accounts and security

You sign in with GitHub or a one-time email link. Keep your GitHub account, email account, and devices secure. Everything done through your account or session is treated as done by you.
Provide accurate information and keep your email address current. We send notices to the address on your account, and a notice counts as delivered when we send it.
Do not share, sell, lend, or transfer your account. Each account is for one person.
Tell us at once at [email protected] if you suspect unauthorized use. We are not liable for loss caused by unauthorized use of your account that is not caused by us.
You are responsible for everyone who accesses the Service through your account, Team, email address, device, or credentials, whether or not you authorized that access. You must not use another person's account or access credentials, or help another person do so.

5. Teams

Members of a Team can see and operate its projects, start Test Activity, and use its credits.
The Team's members are jointly responsible for the Test Activity run from the Team. If you use the Service for an organization, that organization is responsible for its members' use.
If members disagree about who controls a Team, we may act on our own records and judgment, including by suspending the Team until the dispute is resolved. We are not responsible for resolving such disputes.

6. Your responsibility for Test Activity

The Service is a tool that you operate. The agent acts on your instructions and settings, and we do not review or approve your Target Sites or your settings.

Test Activity is your act. As between you and us, every operation the Service performs in the course of Test Activity started from your account or Team is treated as your own act, and you are responsible for it and for its consequences as if you had performed it yourself. This applies even when the operation was not what you intended, including when it results from the agent's autonomous decisions, from content on the Target Site, or from a bug or malfunction of the Service.
Authorization. You represent and warrant that, before and throughout any Test Activity, you own each Target Site or have the explicit authorization of its owner and operator for automated testing of the kind the Service performs, and that the testing does not breach any agreement or terms that bind you or the Target Site, including those of hosting providers, CDNs, and third-party services the Target Site uses. Keep evidence of that authorization and give it to us if we ask.
What the agent may do. The agent decides for itself how to carry out a test. It may enter unusual, invalid, or hostile input (including values that resemble cross-site scripting or SQL injection probes), submit forms, create, change, or delete data, register accounts, place orders, start payments, send messages through the Target Site, lock accounts, repeat operations, trigger security systems, and generate load. Settings such as submit avoidance and excluded paths are given to the agent as instructions and do not technically prevent every such operation. Safeguards may fail to stop any of these.
Choosing where to test. You decide which sites and environments to test. We strongly recommend a staging or test environment, dedicated test accounts with the least privilege needed, test or sandbox payment modes, and current backups. If you point the Service at a production system, real data, or real money, you do so at your own risk.
Credentials. You are responsible for the credentials you give the Service and must be authorized to use them for automated testing. The agent may perform any operation those credentials allow.
Personal data on Target Sites. Test Activity may display, capture, or process personal data held by a Target Site. You are responsible for having a lawful basis for that processing and for any notice or consent it requires, and we process such data on your behalf. Do not test with real personal data you are not permitted to use this way.
Connected repositories. If you connect a GitHub repository, the Service writes issues and screenshots to it. If the repository is public, what is written there becomes public. Check what a screenshot shows before you connect a public repository.
Costs on your side. You are responsible for any fees, charges, or losses that Test Activity causes on Target Sites or third-party services, such as hosting, bandwidth, API, email or SMS, payment processing, and chargeback costs.
Watching your tests. Keep track of the Test Activity you start. If it is causing or may cause harm, stop it at once, and tell us if it may have affected a third party.
Safeguards are not guarantees. Domain verification, network restrictions, excluded paths, domain blocking, prompt injection detection, the stop button, and other safeguards exist to reduce risk. They may fail, be incomplete, or behave differently than described. Their existence, failure, or absence does not shift responsibility for Test Activity to us.

7. Effects on Target Sites and third parties

We are not responsible for any effect that Test Activity has on a Target Site or on any other website, service, system, or person, and we give no compensation for it. This includes data loss or corruption, downtime or slowdown, unwanted orders, payments, registrations, or messages, account lockouts, blocks by security systems, damage to reputation or IP address reputation, breach of third-party terms, and any claim, fine, or demand from the owner, operator, or users of a Target Site, from any other third party, or from a public authority.

If Test Activity reaches or affects a website or service other than the one you meant to test, for example a third-party service that your site calls, a site reached through a link or redirect, or a site reached because a safeguard did not work, responsibility for that access and its effects lies with you, who started the Test Activity, and not with us.

8. Prohibited use

You must not, and must not allow or help anyone else to:

run Test Activity against any site or system without the authorization described in Section 6;
use the Service to attack, probe, disrupt, overload, scrape, or gain unauthorized access to any site, system, or data, to collect personal data or content without permission, or for spam, fraud, fake reviews, ticket or inventory hoarding, click fraud, manipulation of votes or prices, or any other unlawful or harmful purpose;
break any law or regulation, including laws on unauthorized computer access, obstruction of business, personal data, intellectual property, and unfair competition;
bypass, disable, or test the limits of domain verification, network restrictions, excluded paths, domain blocks, credit accounting, usage limits, or any other safeguard or restriction of the Service;
place instructions aimed at the agent on a Target Site, or otherwise attempt prompt injection or jailbreaking, to make the Service act outside these Terms or to extract its instructions;
attempt to break out of the execution environment, access other customers' data or workloads, or probe, scan, or test the vulnerability of the Service itself without our prior written consent;
upload or introduce malware or other harmful code, or use the Service to distribute it;
create multiple accounts or Teams to obtain additional free credits or other benefits, or otherwise abuse promotions;
give the Service data you are not entitled to share, or payment card numbers, health data, or other special categories of personal data that the Service does not need;
do anything described in Section 13 as a restriction on our intellectual property; or
do anything else that we reasonably judge to be inappropriate or to risk harm to us, our users, or any third party.

Prompt injection means placing instructions aimed at the agent in a Target Site, in Your Content (including test cases, specification files, and text you enter), or anywhere else the agent reads, to make it act outside your testing instructions or these Terms. If you intentionally attempt prompt injection, for example to extract the Service's prompts or agent instructions, reach sites or data other than your authorized Target Sites or other customers' data, or bypass our safeguards or credit accounting, we may claim compensation from you for the damage we suffer as a result. This includes the costs of investigating and responding to the attempt, restoring and securing the Service, the AI model and infrastructure usage it consumed, compensation we pay to other users or third parties, and reasonable attorneys' fees. This is in addition to the measures in Section 9 and your obligations in Section 20.

9. Monitoring, enforcement, and cooperation

We record Test Activity, requests, and operations and may review them to operate the Service, investigate misuse, and enforce these Terms.
At any time and without prior notice, we may stop any Test Activity, block domains, limit features or credits, remove Your Content or Output that we believe breaches these Terms, and suspend or terminate accounts or Teams, if we believe it necessary to prevent harm, to comply with law, or to respond to a breach or a complaint.
We may cooperate with law enforcement, regulators, and courts. You agree that we may preserve and disclose information about your account and Test Activity (including account details, IP addresses, logs, and Test Activity records) to them, and to the owner or operator of a Target Site or another third party who credibly claims to have been harmed by Test Activity, when we believe in good faith that the disclosure is necessary to respond to a legal request, a claim, or a risk of harm.
We are not liable for any loss caused by action we take under this Section, and we are not obliged to monitor the Service or to take such action.

10. Results and Output

Output is produced by an AI agent and automated processes. It may be wrong, incomplete, inconsistent, or out of date. Tests may pass when your site is broken, fail when it works, and miss problems entirely.
The Service is not a security audit, penetration test, accessibility or legal compliance review, or certification of any kind, and Output does not show that a site is free of defects or vulnerabilities.
You are solely responsible for reviewing Output and for any decision you make based on it, including decisions to release, change, or stop software. We are not liable for errors in Output or for anything that results from relying on it.
As between you and us, we claim no ownership of Output about your Target Sites, such as test cases, run results, detected issues, reports, screenshots, and replays. You may use, copy, modify, and share it to develop, test, and operate your Target Sites, including with the owner and operator of a Target Site and the people working on it, and you may keep using it after your use of the Service ends. Output may resemble output produced for other users, and you acquire no exclusive right in it and no right in the Service or its methods (Section 13).
These Terms do not restrict you from using the general knowledge, skills, and experience about software testing that you gain by using the Service, including what you learn about your own sites. This does not permit using our Confidential Information or doing anything prohibited in Section 13.

11. Credits and billing

Credit availability and payment processing arrangements for new purchases are being prepared. No new paid plan or credit pack is currently available. Existing subscribers can manage their subscriptions from the billing page under their existing terms.
Credits are a license to use the Service, not money or property. They have no cash value, cannot be transferred, sold, or exchanged, and are not refunded in cash. Fees already paid are not refundable, except where the law requires otherwise.
A Team can hold three kinds of credits: free credits, given when the Team is created and each month while it is on Free; monthly credits included in a Starter subscription; and credits bought as credit packs. Free credits can be used whether or not the Team has a subscription. Starter monthly credits and credit pack credits can be used only while the Team's Starter subscription is active, including during any trial period. If the subscription ends, they are kept but cannot be used, and the Team can use only its free credits. If the Team subscribes to Starter again, they can be used again.
Unused free credits and Starter monthly credits carry over to the next month up to two months of the plan's monthly credits, as shown on the pricing page. When the next monthly credits are added, any amount above that limit expires. Credit pack credits are not subject to this limit.
Credits cannot be used while your account is pending deletion. When your account is permanently deleted at the end of the 30-day grace period described in the Privacy Policy, all remaining credits of your Team, of every kind, are deleted with it, whatever the reason for the deletion, and are not refunded.
If you believe credits were consumed or a charge was made because of a malfunction of the Service, tell us within 30 days. If we confirm it, we will restore the credits or refund the amount charged in error. This is your only remedy for incorrect consumption or charges. If a malfunction gives you credits, access, or discounts you were not entitled to, we may correct it.
If prices change, we will tell you before the change applies to you. You are responsible for taxes on your purchases other than taxes we are required by law to collect.
If your account is suspended or terminated for breach of these Terms, remaining credits are forfeited and fees paid are not refunded.

12. Your Content

As between you and us, you keep your rights in Your Content. Output is provided for your use as described in Section 10.
You grant us a worldwide, royalty-free license to host, copy, process, transmit, and display Your Content and Output as needed to operate, secure, maintain, and improve the Service, to enforce these Terms, and to comply with law, and to let our service providers do the same on our behalf.
We do not use Your Content, Target Site content, or Output to train AI models. We may use usage statistics, such as counts, durations, and AI usage, which are linked to the internal IDs of your account, Team, and projects but do not contain Your Content, Target Site content, or Output, to operate, analyze, and improve the Service, as described in the Privacy Policy. We may use aggregated information that does not identify you, your Team, or your sites for any purpose.
You represent and warrant that you have all rights needed to provide Your Content and to let us process it under these Terms, and that it does not infringe anyone's rights.
We are not responsible for backing up Your Content or Output.

13. Our intellectual property

The Service and everything in it belong exclusively to us or our licensors. This includes its software and source code, prompts and agent instructions, models and model configurations, methods for generating, learning, replaying, and relearning tests, algorithms, workflows, interfaces, designs, documentation, the name "dejav", logos, domain names, and all improvements and derivative works, including those developed from Feedback or from your use of the Service.
While you comply with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service for your own testing. We grant no other right, license, or interest, whether by implication, estoppel, or otherwise.
You must not: copy, modify, or create derivative works of the Service; reverse engineer, decompile, or disassemble it, or attempt to derive its source code, prompts, agent instructions, or underlying methods, except to the extent the law does not allow this restriction; access or extract data from it by automated means other than the interfaces we provide; use the Service or any information obtained from it to build, train, or assist a product or service that competes with it; benchmark it for competitive purposes; resell, sublicense, rent, or offer it to third parties, including as a hosted or white-label service; or remove any notice of our rights.
You must not use our name, logos, or other marks without our written consent, and must not register, apply for, or use any trademark, trade name, company name, domain name, social media handle, or app name that is identical or confusingly similar to "dejav".
You must not apply for a patent or other right that claims or is based on the Service, its methods, or our Confidential Information, and must not claim any ownership, authorship, inventorship, or other interest in the Service.
You must not use access to the Service, information obtained from it, or any relationship with us to impersonate us, obtain or try to obtain control of our accounts, domains, repositories, social-media accounts, infrastructure, or intellectual property, or interfere with our control of any of them.
Your account and any Team are a right of access that we grant, not your property. We alone decide the name, direction, features, pricing, and operation of the Service, and no one may present themselves as owning, operating, or acting on behalf of dejav without our written authorization.

14. Feedback

"Feedback" means any suggestion, idea, bug report, feature request, design, comment, or other input about the Service that you give us, in any form.
All rights in Feedback, including copyright (including the rights under Articles 27 and 28 of the Copyright Act of Japan), pass to us when you give it. Where rights cannot be transferred, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use Feedback for any purpose, and you agree not to exercise moral rights in Feedback against us or anyone we authorize.
We may use Feedback freely, without attribution, compensation, or any obligation of confidentiality. Do not include confidential information of your own or of others in Feedback.

15. Confidentiality

Our Confidential Information means information about the Service or about us that we have not made public and that you obtain through your access or from us, such as unannounced features you are given access to before their release, prices and offers made only to you, internal materials, prompts and agent instructions, and vulnerabilities in the Service. Information we have published, including on our website, and features available to all users are not Confidential Information.

You may share your own impressions, opinions, reviews, and evaluations of the Service, and describe and show features available to all users, anywhere, including on social media, blogs, videos, streams, presentations, and in communities.
You must not disclose, publish, or make available any Confidential Information to anyone without our prior written consent (an email from us is enough), for as long as it is not public.
You may share Confidential Information with your own employees and contractors who need it to use the Service for you and who are bound by confidentiality obligations at least as strict as these. You are responsible for their compliance.
This Section does not restrict information about your own sites, the use and sharing of Output that Section 10 allows, or information you can show was lawfully known to you without a duty of confidence before we disclosed it, independently developed without use of our Confidential Information, or made public through no breach of this Section. It also does not restrict a disclosure the law requires; where the law allows, you must give us advance written notice and reasonable cooperation so we can seek protective treatment.
Report any vulnerability you find in the Service only to us at [email protected], and do not disclose it to anyone else.
When your use ends, or when we ask, stop using Confidential Information and promptly return or permanently delete it, including all copies and extracts, except a copy your law requires you to retain. You must confirm completion in writing if we ask.
You acknowledge that unauthorized use or disclosure may cause harm for which money alone is not an adequate remedy. We may seek injunctive or other equitable relief, in addition to any other remedies available to us.

16. Early access and promotions

We may offer early access, invitations, free credits, discounts, or other promotional terms at our discretion. They are personal to the person or organization we offer them to, cannot be transferred, sold, or shared, have no cash value, and may be limited, changed, or ended at any time.
Taking part in early access, giving Feedback, testing, introducing users, or promoting the Service does not create any partnership, joint venture, employment, agency, co-founder relationship, equity, stock option, profit or revenue share, royalty, or other right or interest in us or the Service, and no compensation is owed for it, unless we agree otherwise in a separate written contract signed by us.
Early access is an invitation to evaluate the Service only. It is personal, revocable, non-exclusive, non-transferable, and may be withdrawn at any time. It gives you no right to represent us, bind us, use our name in publicity, receive future access, influence product decisions, or claim a right in the Service, its roadmap, or its commercial success.

17. Changes, suspension, and discontinuation of the Service

We may change, add, or remove any part of the Service, suspend it for maintenance, security, or any reason we consider necessary, or discontinue it entirely, at any time.
We will try to give notice in advance where practical, and before discontinuing the Service we will give reasonable notice so that you can export your data. If we discontinue a paid plan, we will refund the fees for any prepaid period that has not been used.
Except as stated in the previous point, we are not liable for any loss caused by a change, suspension, or discontinuation.

18. Disclaimer of warranties

The Service and Output are provided "as is" and "as available". We make no warranty or representation of any kind, express or implied, including that the Service will be accurate, complete, reliable, secure, error-free, uninterrupted, or fit for a particular purpose, that it will not infringe third-party rights, that its safeguards will work, that defects will be corrected, or that data will be preserved. Statements on our website and in other materials describe how the Service is designed to work and are not warranties.

19. Limitation of liability

We are not liable for any damage or loss that you or any third party suffers in connection with the Service, whatever the legal basis, including damage or loss arising from Test Activity, effects on Target Sites or third parties (Section 7), errors in Output, loss or corruption of data, unauthorized access to your account or data, interruption, change, or discontinuation of the Service, content or instructions on Target Sites, failure of safeguards, or the acts or failures of third-party service providers.
If we are nevertheless liable to you, for example because the Consumer Contract Act of Japan or another mandatory law makes the previous point or another exclusion of liability in these Terms invalid in your case, and the damage is caused by our negligence other than gross negligence, our liability is limited to ordinary and direct damage actually suffered (excluding lost profits and damage arising from special circumstances), and our total liability for all claims is limited to the greater of the fees you actually paid us for the Service in the three months before the event that caused the damage and JPY 10,000.
Nothing in these Terms excludes or limits our liability for damage caused by our willful misconduct or gross negligence.

20. Indemnification

You will defend, indemnify, and hold harmless us and our officers, employees, contractors, and agents from all claims, demands, damages, losses, liabilities, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: Test Activity started from your account or Team; your breach of these Terms or of the law; Your Content; or any claim by the owner, operator, or users of a Target Site or by any other third party or public authority relating to your use of the Service. We may take over the defense of any such claim at your expense, and you will cooperate with us.

21. Termination

You can stop using the Service and delete your account at any time from settings. Deletion follows the process described in the Privacy Policy.
We may suspend or terminate your account or Team, with or without notice, if you breach these Terms, if we cannot confirm authorization under Section 6, if payment fails, if required by law, or if we reasonably judge that continuing would risk harm to us, our users, or a third party. We will tell you the reason unless the law or the circumstances prevent it.
Sections 6, 7, 9, 10, 11 (as to credits and refunds), 12 (as to our license and your warranties), 13, 14, 15, 16, 18, 19, 20, and 23 through 25 continue to apply after your use ends.

22. Changes to these Terms

We may change these Terms when the change is in the general interest of users, or when it does not conflict with the purpose of these Terms and is reasonable in light of the need for it, the content of the change, and other circumstances.
Before a change takes effect, we will publish the changed Terms and their effective date on this page. Each version is identified by the date shown at the top of this page.
When the version changes, the app asks you to read and agree to the new version before you continue. If you do not agree, you must stop using the Service. You can still ask us at [email protected] to export your data and delete your account.

You represent and warrant that neither you nor your officers, members, or anyone who effectively controls you is, or has within the past five years been, an organized crime group, a member or associate of one, or any other anti-social force, and that you will not engage in violent, threatening, fraudulent, or unreasonable demands or conduct toward us. If this is breached, we may terminate your account immediately without notice or liability.

24. General

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign or transfer them, together with Your Content and your information, to a successor in a merger, business transfer, or reorganization, and you consent to this in advance.
We are not liable for failure or delay caused by events beyond our reasonable control, including natural disasters, outages or failures of cloud, AI model, network, or payment providers, cyberattacks, and acts of government.
The Service relies on third-party services such as GitHub, our cloud and AI model providers, and Stripe for existing subscriptions. Their own terms may apply to you, and we are not responsible for them.
If any provision of these Terms is held invalid or unenforceable in whole or in part, the rest remains in effect, and the affected provision applies to the fullest extent it remains valid.
Our failure to enforce a provision is not a waiver of it.
These Terms, together with the Privacy Policy, Acceptable Use Policy, Data Processing Addendum where it applies, and any terms shown to you when you buy a plan or accept an offer, are the entire agreement between you and us about the Service. They are written in English. If we provide a translation, the English version prevails.
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

25. Governing law and jurisdiction

These Terms are governed by the laws of Japan. The Tokyo District Court has exclusive jurisdiction as the court of first instance over any dispute arising out of or relating to these Terms or the Service.

26. Operator and contact

Information about the operator of dejav is in the Legal Notice. Questions about these Terms: [email protected]