Terms of Service

Last updated: September 10, 2026

These Terms of Service ("Terms") govern your access to and use of the ABTestly website at abtestly.com, our dashboard, our snippet, our browser extension, and our API, which is the interface our dashboard, snippet, and browser extension use to reach our servers (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to that entity.

Please read these Terms carefully. If you do not agree to them, do not use the Service.

1. The Service

ABTestly provides a Software-as-a-Service platform for running A/B tests and conversion rate optimization experiments on websites. The Service includes:

• A dashboard for creating, managing, and analyzing experiments
• A JavaScript snippet that customers install on their own websites
• Edge infrastructure that delivers experiment configurations to end-users
• Analytics and reporting features
• Heatmaps of clicks, scrolling, and form use, on sites where you turn them on
• Signals, an AI audit of your pages, and the ABTestly browser extension that captures pages for it
• Customer support by email and by live chat on our website and in the dashboard

We may modify, suspend, or discontinue features of the Service at any time. We will provide reasonable advance notice of material changes that adversely affect paid customers.

2. Account registration

To use the Service, you must create an account via our authentication provider (Clerk). You must:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your account credentials confidential
• Be at least 18 years old, or the age of legal majority in your jurisdiction
• Not share your account credentials with anyone; add teammates through Team & Access instead, up to your plan's seat limit

You are responsible for all activity that occurs under your account. Notify us immediately at support@abtestly.com if you suspect unauthorized access.

3. Subscription plans and billing

3.1 Plans

ABTestly offers several subscription tiers. You can start a 14-day free trial of a paid monthly plan at checkout. Paddle, our payment provider, takes a payment card to start the trial. Trials are not offered on annual billing or on Enterprise plans. Current pricing and feature limits are listed at abtestly.com/pricing. Each tier includes:

• A maximum number of active experiments
• A monthly tracked user (MTU) limit
• Any limit on the number of sites
• Plan-specific features

A site means one domain together with every subdomain beneath it. Plans described as including unlimited sites are subject to reasonable use, with a ceiling of 100 sites in one account. If you reach that ceiling, creating a further site is declined with a message asking you to contact us, and we will raise it for any genuine use.

3.2 Billing

Paid plans are billed in advance on a monthly or annual basis through our payment provider Paddle, who acts as the merchant of record. By subscribing, you authorize us (via Paddle) to charge your selected payment method for the applicable fees, including any applicable taxes.

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. Renewal charges are at the then-current rates.

3.3 Plan changes

• Upgrades: take effect immediately. You will be charged a prorated amount for the remainder of the current billing period.
• Downgrades: take effect at the start of the next billing period.

3.4 Exceeding plan limits

If you exceed your plan's MTU limit during a calendar month (UTC), we do not automatically charge overage fees. Instead your account stops enrolling new visitors into experiments. Visitors who were already assigned to an experiment keep their assignment and continue to see the variant they were given. Visitors who arrive after the limit is reached are not enrolled and see your site as you normally publish it. Existing experiment data is not altered or discarded. You can upgrade your plan at any time and new enrollment resumes within a few minutes.

3.5 Taxes

Paddle, as merchant of record, handles applicable taxes including VAT, GST, and US sales tax. Prices displayed on our pricing page are exclusive of tax unless otherwise stated.

3.6 Free tier

The free tier closed to new accounts on 5 September 2026 and is no longer offered. Accounts created before that date keep it on the same terms: no cost, the limits applied to that tier in your account, and no service level commitments. We may modify or discontinue the free tier for those accounts with 30 days' notice.

Separately, an account whose paid subscription ends moves to the free tier, with the data handling described in our Refund Policy. An account created on or after 5 September 2026 is not eligible for the free tier: it needs an active paid plan or trial to create new experiments, and experiments already running continue to run.

An account on the free plan is sent a warning email after 83 days without activity and is archived after 90 days without activity. This applies whether or not the account is eligible for the free tier. Activity means any signed in use of the Service by a member of the account, such as opening the dashboard. Archiving deletes nothing: your data is kept and your experiments keep running on your site. When a member next signs in, the dashboard shows a reactivation page, and an administrator of the account can reactivate it from there. Reactivating restores access with the account's plan, limits, and data unchanged.

4. Cancellation and termination

4.1 Your right to cancel

You may cancel your subscription at any time through your account dashboard or by emailing support@abtestly.com. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until then.

4.2 Refunds

See our Refund Policy for details on refund eligibility, including our 30-day money-back guarantee on your first paid month and your statutory rights.

4.3 Our right to terminate

We may suspend or terminate your access to the Service at any time, with or without notice, if:

• You violate these Terms or our Acceptable Use Policy (Section 6)
• You fail to pay fees when due
• Your use creates legal, regulatory, or security risk for us or other users
• Required by law or court order

If we terminate your account for cause, no refund is due. If we terminate without cause, you will receive a prorated refund of any prepaid fees for unused service time.

4.4 Effects of termination

Cancelling a subscription is not termination of your account. What cancellation does is described in sections 3.6 and 4.1.

When your account is closed, whether at your request or ours:

• Your access to the dashboard ends
• Your experiments stop running and your variant code is no longer served
• Your data is deleted. Deletion begins after a short grace period and is completed within 30 days of the closure request, except where we are required by law to keep records for longer
• Billing event records and a record of the closure request itself are kept, as described in our Privacy Policy

You can export your experiment data before your account is closed by emailing support@abtestly.com.

5. Your content and license

5.1 What is "Your Content"

"Your Content" means any information, code, data, configurations, experiment definitions, variants, targeting rules, and other materials you upload, create, or transmit through the Service. This includes the JavaScript and CSS code you write for variants that will run on your end-users' browsers.

5.2 Ownership

You retain all rights to Your Content. We do not claim ownership of anything you create using the Service.

5.3 License to us

By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Your Content, including through the sub-processors listed in our Privacy Policy, solely for the purpose of providing the Service. This license ends when you delete Your Content or terminate your account, except where we are required to retain it by law.

5.4 Your responsibilities for Your Content

You represent and warrant that:

• You own or have all necessary rights to submit Your Content
• Your Content does not violate any law, regulation, or third-party rights
• Your Content does not contain malware, spyware, or malicious code
• Your variant code complies with the privacy laws applicable to your end-users
• You have obtained appropriate consent from your end-users before deploying experiments that involve cookies, tracking, or personal data collection
• You will not use Your Content to deceive, defraud, or harm your end-users

6. Acceptable use

You agree not to use the Service to:

• Violate any law, regulation, or third-party rights
• Run experiments on websites you don't own or aren't authorized to test on
• Inject malicious code, malware, viruses, or trojans into end-users' browsers
• Collect personal data from end-users without proper consent
• Conduct dark pattern experiments designed to deceive, manipulate, or harm users
• Test pricing, terms, or services in ways that violate consumer protection laws
• Run experiments related to gambling, adult content, illegal drugs, weapons, or other prohibited verticals
• Reverse engineer, decompile, or disassemble the Service
• Access the Service via automated means without our written permission (except through the dashboard, the snippet on your pages, and the browser extension, which use our API as intended)
• Resell, sublicense, or redistribute the Service without authorization
• Use the Service to compete with ABTestly or build a competing product
• Interfere with or disrupt the Service or servers connected to it
• Attempt to gain unauthorized access to other users' accounts or data
• Use the Service for any purpose prohibited by US, UK, EU, or other applicable export controls

We reserve the right to investigate suspected violations and take appropriate action, including suspending or terminating accounts.

7. Your end-users

When you use ABTestly to run experiments on your website, you are the data controller for your end-users' data, and ABTestly acts as a data processor on your behalf. You are responsible for:

• Providing required privacy notices to your end-users
• Obtaining appropriate consent for cookies and tracking under GDPR, ePrivacy Directive, UK GDPR, CCPA, and similar laws
• Complying with all applicable laws in the jurisdictions where your end-users are located
• Responding to data subject requests (access, deletion, etc.) from your end-users
• Ensuring your variant code does not harm end-users or violate their rights

By default the snippet runs on your pages before a visitor has given consent. If a site uses deferred consent mode, the snippet does nothing on that site, including heatmap capture, until your site signals that the visitor has consented. On sites where you turn heatmaps on, the snippet also captures a structural copy of the rendered page whenever an experiment is running on it, as described in section 2.3 of our Privacy Policy.

On request, we will sign a Data Processing Agreement (DPA) reflecting these obligations.

8. Intellectual property

8.1 Our IP

The Service, including the dashboard, snippet, API, documentation, branding, and all underlying software and content (excluding Your Content), is owned by ABTestly and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, worldwide, royalty-free license to use that feedback without obligation or compensation to you.

8.3 Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to legal@abtestly.com with: (a) identification of the copyrighted work, (b) identification of the infringing material, (c) your contact information, (d) a statement of good faith belief, (e) a statement of accuracy under penalty of perjury, and (f) your signature.

9. Service availability and support

9.1 Availability

We aim to provide reliable service but do not guarantee 100% uptime. The Service may be unavailable due to scheduled maintenance, unexpected outages, or factors outside our control (including outages of our service providers like Cloudflare, Clerk, or Paddle).

9.2 Support

Support is provided by email at support@abtestly.com and by live chat on our website and in the dashboard. We do not commit to specific response times.

9.3 No formal SLA at this time

We do not currently offer a formal Service Level Agreement (SLA) with availability guarantees or service credits. Enterprise customers may negotiate a custom SLA.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF DATA
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OF DATA TRANSMISSION

We do not warrant that the Service will meet your specific requirements, produce statistically significant results, increase your conversion rates, or generate any particular business outcome. A/B test results depend on many factors outside our control.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

ABTESTLY, ITS OPERATORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless ABTestly, its operators, affiliates, and service providers from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your Content (including variant code that runs on your end-users' browsers)
• Your failure to obtain appropriate consent from your end-users

13. Governing law and dispute resolution

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts of England and Wales. Notwithstanding the above, we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property.

You and ABTestly agree to first attempt to resolve any dispute through good-faith negotiation before pursuing formal legal action.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email to account administrators at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you may cancel your subscription before the effective date and your existing terms will apply until your current billing period ends.

15. General provisions

15.1 Entire agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and ABTestly regarding the Service.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

15.3 No waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Force majeure

Neither party is liable for delays or failures caused by events beyond their reasonable control, including acts of God, war, terrorism, riots, embargoes, pandemics, government actions, fires, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.6 Notices

We may send notices to you at the email address associated with your account. You may send notices to us at legal@abtestly.com.

15.7 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and ABTestly.

16. Contact us

For questions about these Terms:

• General questions: hello@abtestly.com
• Support: support@abtestly.com
• Legal notices: legal@abtestly.com
• Privacy: privacy@abtestly.com
• Mailing address: available on request from the above email addresses.