Terms of Service

Last Updated: August 2026

Welcome to the TestFly website. These Terms of Service (“Terms”) govern your access to and use of the website operated by TestFly, LLC (“TestFly,” “we,” “us,” or “our”).

By accessing or using this website, you agree to these Terms. If you do not agree with these Terms, please do not use the website.

1. About TestFly

TestFly provides professional quality assurance, testing, certification, automation, performance testing, strategic consulting, and related services primarily to game developers, publishers, studios, and other business customers.

This website is intended to provide information about TestFly, our capabilities, services, expertise, and business activities.

The website is intended for business and professional use and is not directed toward consumers or children.

2. Website Information and Professional Services

Information provided on this website is for general informational and business purposes only.

Descriptions of TestFly services, capabilities, methodologies, technologies, experience, or potential outcomes do not constitute an offer, warranty, guarantee, or contractual commitment to provide any particular service or achieve any particular result.

Professional services provided by TestFly are governed by separate written agreements between TestFly and its customers. These may include master services agreements (“MSAs”), statements of work (“SOWs”), nondisclosure agreements (“NDAs”), purchase orders, and other applicable agreements.

If these Terms conflict with an executed agreement between TestFly and a customer regarding professional services, the executed agreement will control with respect to those services.

3. Testing and Quality Assurance Disclaimer

Quality assurance and testing are designed to identify defects, risks, compliance issues, performance problems, compatibility issues, and other potential concerns.

No testing methodology can identify every possible defect or guarantee that software, games, applications, hardware, systems, or services will operate without error.

Unless specifically provided in a separate written agreement, TestFly does not guarantee:

  • Defect-free software or products
  • Platform certification or submission approval
  • Compliance with every platform or regulatory requirement
  • Specific performance results
  • Commercial success or revenue
  • Player or customer satisfaction
  • Elimination of production or operational risk

Testing results and recommendations may depend on the scope of work, test environment, hardware, software versions, builds, documentation, access, schedules, and other information provided by the customer.

4. Permitted Use

You may access and use the TestFly website for legitimate business and informational purposes.

You agree not to:

  • Use the website for unlawful or fraudulent purposes
  • Attempt to gain unauthorized access to TestFly systems, networks, accounts, or data
  • Interfere with the security, availability, or operation of the website
  • Introduce viruses, malware, malicious code, or other harmful technologies
  • Circumvent website security or access controls
  • Scrape, crawl, harvest, copy, or systematically extract website content without authorization
  • Impersonate another person or organization
  • Misrepresent your relationship with TestFly
  • Use TestFly intellectual property in a misleading or unauthorized manner
  • Use the website in any manner that could damage TestFly, its customers, systems, reputation, or business operations

TestFly reserves the right to restrict or terminate access to the website if we reasonably believe these Terms have been violated.

5. Intellectual Property

The TestFly website and its contents are owned by or licensed to TestFly and are protected by applicable copyright, trademark, and other intellectual property laws.

This includes, without limitation:

  • The TestFly name and logo
  • TestFly trademarks and service marks
  • The Fearless Fly mascot and related artwork
  • Website text and graphics
  • Service descriptions
  • Designs and illustrations
  • Photographs and videos
  • Reports, articles, white papers, and other published materials
  • Proprietary methodologies, frameworks, and related materials

You may view, download, or print publicly available website materials for legitimate internal business and informational purposes.

Unless expressly authorized by TestFly, you may not reproduce, distribute, modify, republish, commercially exploit, sell, license, or create derivative works from TestFly website content.

No rights or licenses to TestFly intellectual property are granted except as expressly stated in these Terms.

6. Third-Party Trademarks and Platforms

TestFly may reference third-party companies, game platforms, technologies, products, trademarks, and service marks when describing our capabilities and experience.

All third-party trademarks and intellectual property remain the property of their respective owners.

References to third parties do not imply sponsorship, endorsement, partnership, or affiliation unless expressly stated.

7. Confidential and Proprietary Information

The public TestFly website is not intended for the submission of confidential or highly sensitive information.

Unless TestFly has provided an authorized method for transmitting such information, you should not submit confidential game information, unreleased builds, source code, passwords, credentials, proprietary technical documentation, personally identifiable information, or other sensitive materials through general website forms or email addresses displayed on the website.

Confidential and proprietary information exchanged as part of an actual or prospective TestFly customer engagement may be governed by an NDA, MSA, SOW, or other written agreement between the parties.

Where such an agreement exists, that agreement will control the treatment of confidential information covered by it.

8. Information You Submit

When you submit information through the website, including contact forms, requests for information, or other communications, you represent that you have the right to provide that information to TestFly.

TestFly may use information submitted through the website to respond to inquiries, evaluate potential business relationships, communicate about services, and conduct other legitimate business activities, subject to our Privacy Policy and applicable law.

Submitting an inquiry does not create a customer relationship, partnership, agency relationship, or contractual obligation between you and TestFly.

9. Third-Party Websites

The TestFly website may contain links to websites, services, or resources operated by third parties.

These links are provided for convenience and informational purposes.

TestFly does not control and is not responsible for the availability, accuracy, security, content, privacy practices, products, or services of third-party websites.

Your use of third-party websites is subject to the terms and policies of those third parties.

10. Website Availability

TestFly may modify, update, suspend, discontinue, or restrict any portion of the website at any time.

We do not guarantee that the website will always be available, uninterrupted, secure, or free from errors.

TestFly may perform maintenance, updates, security changes, or other modifications without prior notice.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TESTFLY WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TESTFLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND ITS CONTENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.

TestFly does not warrant that website information will always be complete, current, accurate, or error-free.

Nothing on this website constitutes legal, financial, regulatory, security, or other professional advice.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TESTFLY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THE WEBSITE.

This includes, without limitation, loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses arising from use of or reliance upon the website.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Liability relating to professional services performed for TestFly customers will be governed by the applicable MSA, SOW, or other written agreement between TestFly and the customer.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless TestFly and its affiliates, officers, directors, employees, contractors, representatives, and agents from claims, liabilities, damages, losses, and reasonable expenses arising from your unlawful use of the website, your violation of these Terms, or your infringement of the rights of another party.

14. Privacy

Your use of the TestFly website is also subject to the TestFly Privacy Policy.

The Privacy Policy describes how TestFly collects, uses, discloses, and protects personal information associated with use of the website and interactions with TestFly.

15. Changes to These Terms

TestFly may update these Terms periodically to reflect changes to our website, business practices, services, or legal requirements.

When these Terms are updated, the “Last Updated” date at the top of this page will be revised.

Your continued use of the website following publication of updated Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.

16. Governing Law

These Terms are governed by and interpreted in accordance with the laws of the State of [STATE], United States, without regard to conflict-of-law principles.

Any dispute relating to use of the TestFly website will be subject to the applicable jurisdiction and venue requirements under law or any separate written agreement between TestFly and the applicable party.

17. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.

18. No Waiver

TestFly's failure to enforce any provision of these Terms does not constitute a waiver of that provision or TestFly's right to enforce it in the future.

19. Entire Agreement

These Terms and the TestFly Privacy Policy constitute the terms governing use of the public TestFly website.

They do not replace or modify any MSA, SOW, NDA, purchase order, or other written agreement between TestFly and a customer, prospective customer, vendor, partner, or other party.

20. Contact Us

Questions regarding these Terms of Service may be directed to:

TestFly, LLC
[Business Address]
[Legal or General Contact Email]