Terms & Conditions

Last updated: 31 May 2026

These Terms & Conditions (“Terms”) form a binding agreement between Evaluat Digital Limited (“Evaluat”, “we”, “us”, “our”) and the business that opens an account or subscribes to our platform (“Customer”, “you”, “your”). They govern your access to and use of the Evaluat platform at app.evaluat.com, our website at www.evaluat.com, and the related applications, services, and Documentation we provide (together, the “Service”).

Please read these Terms alongside our Privacy Policy, which explains how we handle personal data, and, where we process personal data on your behalf, our Data Processing Agreement. By creating an account, accepting an invitation to join a Team, subscribing to a Plan, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The Service is for business and professional use only, and you confirm that you are using it in the course of a business and not as a consumer. Because Evaluat sends real traffic to the systems you test, please pay particular attention to section 6 (Authorised testing).

1. Who we are

Evaluat Digital Limited is a company registered in England and Wales under company number 14150225, with its registered office at 128 City Road, London, EC1V 2NX, United Kingdom. Evaluat is a performance and load testing platform: you build browser-based test scenarios, run them at scale using virtual users, and review the performance results.

You can contact us about these Terms at legal@evaluat.com.

2. Definitions

In these Terms:

“Account” means the login through which an individual accesses the Service.
“Authorised User” means an individual you permit to access the Service through your Team, such as a team member you invite.
“Credits” means the units of testing capacity used to run tests, measured in virtual user-minutes (one Credit being one virtual user running for one minute), as further described in section 8 and the Documentation.
“Customer Content” means the material you and your Authorised Users upload, configure, or generate using the Service, including test scenarios, the Target Systems you test and any credentials you supply for them, datasets, executions, console and network logs, session recordings, screenshots, and performance results.
“Documentation” means the user guides, help materials, and plan and pricing information we publish for the Service.
“Fees” means the charges for your Plan and any add-ons, top-ups, or extra seats.
“Order” means an order form, online plan selection, or other ordering document under which you subscribe to the Service.
“Plan” means the subscription tier you select, with its Credit allowance, limits, and features.
“Target System” means a website, application, API, or other system that a test is configured to send traffic to.
“Team” means the workspace and organisation account through which you and your Authorised Users access the Service, and which is the billable entity for a subscription.
“Virtual user” means a simulated user that the Service runs against a Target System as part of a test.

3. Eligibility, accounts, and your Team

Business use. The Service is for organisations and the people who use it for work. You confirm you are using it for business or professional purposes.
Authority to bind your Team. If you open or use an Account, accept these Terms, or subscribe on behalf of a Team, company, or other organisation, you confirm that you are authorised to do so on its behalf, and “you” includes that organisation. You must be at least 18.
Your Team is our customer. The Service is organised around Teams. The Team is our customer and is responsible for its subscription, its Fees, and the acts and omissions of its Authorised Users. A Team administrator manages members, roles, and settings.
Account security. Sign-in is passwordless: we email a one-time code rather than using a stored password. You are responsible for keeping your email access secure, for everything that happens under your Account and Team, and for your Authorised Users’ compliance with these Terms. Tell us promptly at legal@evaluat.com if you think someone has gained unauthorised access.
Accurate information. You agree to give accurate account and billing details and to keep them up to date.

4. The Service and your right to use it

Right to use. Subject to these Terms and payment of the applicable Fees, we grant you a non-exclusive, non-transferable right to access and use the Service during your subscription, for your internal business purposes and within the limits of your Plan.
Plan limits. Your Plan sets limits such as your Credit allowance, the number of Authorised Users (seats), the number of Target domains, concurrent test runs, regions, and how long we keep your reports. These are described in the Documentation and your Order.
Changes to the Service. We improve the Service continuously and may add, change, or remove features. We will not materially reduce the core functionality of your paid Plan during a billing period you have already paid for without giving you notice.
Beta features. We may label some features as beta, preview, or experimental. They are provided “as is”, may change or be withdrawn at any time, and are excluded from any commitments in these Terms.

5. Acceptable use

You agree not to, and not to permit any Authorised User or third party to:

use the Service in breach of any law or regulation, or to infringe anyone’s rights;
copy, resell, sublicense, or make the Service available to third parties, or use it to build a competing product, except as we expressly permit;
reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent the law does not allow this to be restricted;
introduce malware or malicious code, or interfere with or disrupt the integrity or performance of the Service;
probe, scan, or test the vulnerability of the Service itself, or breach or circumvent its security, authentication, rate limits, or usage limits;
use the Service to gain unauthorised access to any system or data; or
upload or process content that is unlawful, infringing, or harmful.

6. Authorised testing

Because Evaluat generates real load against the systems you point it at, this section is fundamental to your right to use the Service.

Authorisation. You may use the Service to test a Target System only if you own it or have current, documented authorisation from its owner to carry out the testing you run. You represent and warrant that you hold that authorisation for every test you run, and you will provide evidence of it to us promptly on request.
Your providers’ rules. You are responsible for complying with the acceptable-use policies, terms, and any advance-notice or approval requirements of your own hosting, cloud, CDN, and other infrastructure providers, and of any third-party systems your tests reach (whether directly or as a dependency of a Target System). Many providers restrict or require prior notice for load and performance testing. Obtaining any necessary permission or notice is your responsibility, not ours.
You decide what runs. You configure and trigger your tests, including the number of virtual users, the duration, the frequency, and the Target Systems. You are solely responsible for the design of your tests and for the consequences of running them.
Acknowledgement of risk. You acknowledge that load and performance testing can slow down, disrupt, degrade, or take offline a tested system and its dependencies, and can trigger security defences, alerts, rate limiting, or charges from your providers. You accept these risks. We are not responsible for any effect of a test you chose to run on any Target System, your environment, or any third party.
No attacks. You must not use the Service to launch a denial-of-service attack, to disrupt or harm any system you are not authorised to test, or for any purpose that would breach the Computer Misuse Act 1990, the US Computer Fraud and Abuse Act, or any equivalent law.
Our right to intervene. If we reasonably believe a test or Account is unauthorised, harmful, unlawful, or a threat to the stability or security of the Service, a Target System, or any third party, we may throttle, suspend, or stop the test or the Account immediately, without the cure period in section 10, and we may notify affected parties or authorities where we are required to.

7. Customer Content

Your ownership. As between you and us, you own your Customer Content. We do not claim ownership of it.
Licence to us. You grant us a non-exclusive, worldwide licence to host, copy, process, transmit, and display your Customer Content, only as needed to provide, secure, support, and improve the Service for you, and as otherwise described in our Privacy Policy.
Your responsibility. You are responsible for your Customer Content, including its lawfulness and accuracy and your right to use it with the Service. This includes any credentials you supply for a Target System: you confirm that you are entitled to use them and to authorise us to use them to run your tests.
Personal data. If your Customer Content includes personal data (for example, realistic test data or data about your own users), we process it as your processor on your instructions, and you remain the controller. That processing is governed by our Data Processing Agreement, not by these Terms. Our Privacy Policy explains how the two roles fit together.
Aggregated data. We may generate and use aggregated or de-identified data derived from operation of the Service (for example, to run, secure, and improve it), provided it does not identify you or any individual.

8. Plans, Fees, and Credits

Fees. You pay the Fees for your Plan and any add-ons, top-ups, or extra seats, as set out in your Order or the Plan you select. We do not publish standard prices in these Terms; your Fees are those agreed in your Order or shown at the point of purchase.
Billing interval and renewal. Subscriptions are billed in advance, monthly or annually as you choose. Unless your Order says otherwise, your subscription renews automatically for further periods of the same length until cancelled under section 10. Annual subscriptions may be offered at a discount to monthly.
How Credits work. Tests consume Credits. One Credit is one virtual user running for one minute. The Credits a test uses are based on the number of virtual users and the run duration, billed in the increments described in the Documentation (for example, run time rounded up to the nearest few minutes). Your Plan includes a Credit allowance for each billing period.
Credit expiry. Subscription Credits are valid only for the billing period in which they are provided: unused subscription Credits do not roll over and expire at the end of that period. One-off top-up Credits expire 12 months after purchase unless we state otherwise. Trial Credits expire at the end of the trial or when a paid subscription begins. Credits have no cash value, are not transferable, and, once consumed, are not refundable.
Running out. If your available Credits run out, further test runs are blocked until you upgrade your Plan or buy a top-up. We will not automatically charge you for usage beyond your allowance.
Trials. We may offer trial Credits, usually after a demo. Trials are provided at our discretion, for evaluation only, and we may change or end them at any time.
Seats. Some Plans charge per Authorised User (seat). Adding members may increase your Fees.
Taxes. Fees are exclusive of VAT and other taxes, which we add where they apply. If you are required to withhold any tax, you will increase the payment so that we receive the full amount due.
Payment. Payments are handled by our payment processor, Stripe. You authorise us and Stripe to charge your payment method for the Fees when they fall due, and you are responsible for keeping a valid payment method on file.
Failed or late payment. If a payment fails or is overdue, we may retry it, and we may suspend the Service or downgrade your Plan after reasonable notice until payment is made. We may charge interest on overdue amounts at the rate set by the Late Payment of Commercial Debts (Interest) Act 1998.
Price changes. We may change our Fees. For a change that affects you, we will give at least 30 days’ notice, and it will apply from your next renewal. If you do not accept the change, you may cancel before it takes effect (section 10).
Promotion codes. Discounts and promotion codes are subject to their own terms and may be changed or withdrawn.

9. Refunds

Except where the law requires otherwise, Fees are non-refundable. We do not give refunds or credits for partial periods, for unused Credits, or for Credits already consumed, and cancelling or downgrading does not entitle you to a refund of Fees already paid. Where you cancel or downgrade, the change takes effect as described in section 10, and you keep access to your current Plan until the end of the period you have paid for.

10. Term, cancellation, suspension, and termination

Term. These Terms apply for as long as you have an Account or a subscription with us.
Your cancellation. You can cancel your subscription at any time from your billing settings or by contacting us. Cancellation takes effect at the end of your current billing period: your Plan continues until then and does not renew afterwards. You can also close your Account.
Suspension. We may suspend your access to all or part of the Service if you breach these Terms (including sections 5 and 6), if your payment is overdue, or if we need to protect the Service, our users, a Target System, or a third party. Where practical and lawful we will give notice first, but for the situations in section 6 we may act immediately.
Termination by us. We may terminate these Terms and your Account on reasonable notice if you materially breach them and do not put it right within 14 days of us asking (or immediately, if the breach cannot be put right or falls within section 6), or if you stop trading, become insolvent, or enter an insolvency process.
Effect of termination. When these Terms or your subscription end, your right to use the Service stops, and any outstanding Fees for the period up to termination become due. We then handle your data as described in our Privacy Policy: in summary, we keep account data for up to 6 months after closure (to handle wind-down and disputes), audit logs for 180 days, and billing and invoice records for 6 years, and we keep test and execution data according to your Plan’s retention allowance. During that wind-down period you may ask us for a copy of your Customer Content, and we will use reasonable efforts to provide one in a format and within a timeframe we can reasonably support. We may delete data sooner where you ask us to, or where the law requires it.
Survival. Sections that by their nature should continue (including Fees owed, your responsibility for Customer Content, intellectual property, disclaimers, indemnity, limitation of liability, confidentiality, and governing law) survive termination.

11. Intellectual property

Our intellectual property. The Service, including its software, design, content, and Documentation, and all intellectual property rights in them, belong to Evaluat or our licensors. Apart from the limited right to use the Service set out in these Terms, we grant you no rights in it. “Evaluat” and our logos are our trademarks, and you may not use them without our consent.
Feedback. If you send us feedback, suggestions, or ideas about the Service, we may use them without restriction and without any obligation to you.

12. Third-party services and providers

The Service relies on third-party providers (our sub-processors), such as cloud hosting, storage, payment processing, customer communications, and analytics. Our current list, including where each one processes data, is in our Sub-processors list. We are responsible for our sub-processors’ handling of personal data as set out in our Privacy Policy and Data Processing Agreement. Beyond that, we are not responsible for third-party systems that you choose to use or test, including any Target System or your own providers.

13. Availability and support

We aim to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted or error-free. We may carry out maintenance, and we try to schedule planned maintenance to limit disruption. Any specific availability commitment (service level) applies only if we agree it with you separately in writing. We provide support at the level described for your Plan.

14. Data protection

We process personal data in line with our Privacy Policy. Where we process personal data contained in your Customer Content on your behalf, we do so as your processor under our Data Processing Agreement, which forms part of the agreement between us for that processing. As controller of that data, you are responsible for having a lawful basis for it and for any notices and consents your own users require.

15. Warranties and disclaimers

Mutual. Each party warrants that it has the authority to enter into these Terms.
Your warranties. You warrant that you will use the Service in line with these Terms, that you hold the authorisations described in section 6, and that your Customer Content and your use of the Service do not infringe anyone’s rights or break any law.
Service provided “as is”. Except as expressly stated in these Terms, the Service is provided “as is” and “as available”. To the fullest extent the law allows, we exclude all other warranties, conditions, and terms, whether express or implied, including any implied terms of satisfactory quality, fitness for a particular purpose, and non-infringement.
Results. The Service reports performance measurements based on the tests you design and run. We do not warrant that results will be accurate, complete, or fit for any particular purpose, or that acting on them will produce any particular outcome. You are responsible for designing your tests, for interpreting the results, and for any decisions you make based on them.

16. Your indemnity

You will indemnify and hold harmless Evaluat (and our group companies, and our and their staff) against all losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your Customer Content; (b) your use of the Service in breach of these Terms; (c) any testing you carry out without the authorisation required by section 6, or that breaches a provider’s rules or harms a Target System or third party; and (d) your breach of any law or of anyone’s rights. We will tell you about any claim, let you control its defence (with our reasonable involvement on serious matters), and give you reasonable cooperation. You may not settle a claim in a way that imposes any obligation or admission on us without our consent.

17. Limitation of liability

What we never exclude. Nothing in these Terms limits or excludes either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law. Your obligation to pay Fees and your indemnity in section 16 are not subject to the limits below.
What we are not liable for. Subject to the above, we are not liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: loss of profits, revenue, business, anticipated savings, goodwill, or reputation; loss of or damage to data; any effect of a test you ran on a Target System or its dependencies; or any indirect or consequential loss.
Cap. Subject to the above, our total liability arising out of or in connection with these Terms is limited to the total Fees you paid us for the Service in the 12 months before the event giving rise to the liability.
Allocation of risk. You acknowledge that these limits are reasonable given the nature of the Service and the Fees, and that they reflect the allocation of risk between us.

18. Confidentiality

Each party may receive confidential information from the other. Each party will use the other’s confidential information only to perform under these Terms, will protect it with reasonable care, and will not disclose it except to its staff and advisers who need it and are bound by similar obligations, or where the law requires. This does not apply to information that is or becomes public through no fault of the recipient, or that the recipient already held or develops independently.

19. Changes to these Terms

We may update these Terms from time to time. When we make a change, we update the “last updated” date above. If a change is material, we will take reasonable steps to tell you in advance, for example by email or a notice in the app, at least 30 days before it takes effect where practical. If you continue to use the Service after a change takes effect, you accept the updated Terms. If you do not accept a change, you may cancel under section 10.

20. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that we may bring proceedings to protect our intellectual property, or to recover overdue Fees, in any court with jurisdiction.

21. General

Entire agreement. These Terms, together with your Order, our Privacy Policy, Data Processing Agreement, Sub-processors list, and any policies referenced in them, are the entire agreement between us about the Service and replace any earlier discussions. Where there is a conflict, the order of priority is: your signed Order, then these Terms, then the policies and Documentation. However, our Data Processing Agreement prevails over these Terms in relation to the processing of personal data, and any Standard Contractual Clauses or UK transfer agreement prevail over the Data Processing Agreement for the transfers they govern. Nothing in these Terms limits liability for a misrepresentation made fraudulently.
Assignment. You may not assign or transfer these Terms without our consent. We may assign them to a group company or in connection with a merger, acquisition, or sale of assets.
Subcontracting. We may use subcontractors and sub-processors to provide the Service, and we remain responsible for their performance.
No waiver. A delay in enforcing a right is not a waiver of it.
Severability. If any part of these Terms is found to be unenforceable, the rest continues in force.
No partnership. Nothing in these Terms creates a partnership, agency, or employment relationship between us.
Third parties. Except for our group companies and staff under the indemnity and liability sections, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce them.
Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, except for your obligation to pay Fees that are due.
Notices. We may give notice by email to your Account contact or by a notice in the app. You can give us notice at legal@evaluat.com.

22. Contact us

Evaluat Digital Limited
128 City Road, London, EC1V 2NX, United Kingdom
Company number 14150225
Email: legal@evaluat.com