Terms of Service

1. Acceptance of Terms

By creating an account, accessing our desktop application, or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Sliverware.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance of these Terms will be treated as acceptance by that organization.

2. Description of Service

Rock Smith is an AI-powered quality assurance platform that provides automated testing for web applications. Our Service includes:

• Accessibility Testing: Comprehensive WCAG 2.1/2.2 Level AA and AAA compliance testing, Section 508 compliance, ADA Title II requirements, and European Accessibility Act (EAA) standards.
• Responsiveness Testing: Automated testing across multiple viewports and devices (mobile, tablet, desktop).
• Performance Testing: Web vitals measurement, performance analysis, and optimization recommendations.
• Reporting: Multi-format report generation (HTML, JSON, Markdown, XML) for human review or automated remediation workflows.
• Desktop Application: Electron-based desktop app for secure, local browser testing with cloud-based AI processing.
• Web Dashboard: Cloud-based dashboard for viewing test results, managing teams, and monitoring compliance.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Accounts and Responsibilities

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to:

• Maintain strong, unique passwords for your account
• Notify us immediately of any unauthorized access to your account
• Not share your account credentials with any third party
• Not create accounts using automated means or under false pretenses
• Comply with any enterprise Single Sign-On (SSO) policies if applicable to your organization

3.3 Account Types

We offer different account types with varying levels of access and features. Enterprise accounts may include team management features, role-based access controls (RBAC), and enhanced security options.

4. Credit System and Billing

4.1 Credit Consumption

Our Service operates on a credit-based system where usage is measured in credits:

• 1 Agent Step = 1 Credit: Each action taken by an AI agent consumes one credit.
• 1 Test Step = 1 Credit: Each individual test operation consumes one credit.

The number of credits consumed by a test will vary depending on the complexity of the website being tested, the scope of testing selected, and the number of pages analyzed.

4.2 Subscription Plans

We offer subscription plans with included credits per billing cycle and discounted overage rates:

• Starter Plan: $19/month or $190/year - Includes 250 credits per billing cycle. Overage rate: $0.09/credit.
• Growth Plan: $39/month or $390/year - Includes 550 credits per billing cycle with enhanced features. Overage rate: $0.08/credit.
• Professional Plan: $149/month or $1,490/year - Includes 2,000 credits per billing cycle with complete feature access and priority support. Overage rate: $0.06/credit.

Subscription plans use Stripe's metered billing infrastructure for real-time usage tracking and automatic overage billing. Credits included in subscription plans are provided per billing cycle and do not roll over to subsequent billing periods.

4.3 Pay-As-You-Go Credits

You may purchase credits on a pay-as-you-go basis without a subscription at a base rate of $0.10 per credit. Purchased credits:

• Can be purchased in amounts ranging from 1 credit to 10,000 credits per transaction
• Expire 1 year from the date of purchase
• Are non-refundable once purchased
• May include bulk discounts (e.g., 10% discount for purchases of 1,000+ credits)

4.4 Overage Charges

If you exceed your subscription plan's included credits during a billing cycle, additional usage will be automatically billed at your plan's overage rate. Overage charges are calculated in real-time and will appear on your next invoice. You will receive notifications as you approach and exceed your included credit allocation.

4.5 Plan Changes

You may upgrade or downgrade your subscription plan at any time. Plan changes take effect at the start of your next billing cycle. When upgrading, you will receive prorated access to upgraded features. When downgrading, your access to premium features will be adjusted at the next billing cycle.

5. Payment Terms

5.1 Payment Processing

All payments are processed securely through Stripe, Inc. By providing payment information, you authorize us to charge your payment method for all fees incurred under your account. You represent and warrant that you have the legal right to use any payment method provided.

5.2 Billing Cycle

Subscription fees are billed on a recurring basis (monthly or annually, depending on your selected plan) on the anniversary of your subscription start date. Usage-based overage charges are calculated and billed at the end of each billing cycle.

5.3 Failed Payments

If a payment fails, we will attempt to process the payment again. If payment continues to fail, we may suspend or terminate your access to paid features until payment is received. You remain responsible for all charges incurred, including any fees resulting from failed payment attempts.

5.4 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties, excluding only taxes based on our net income.

5.5 Refunds

Subscription fees are non-refundable except as required by law or as explicitly stated in these Terms. Credits, whether purchased directly or included in a subscription, are non-refundable. If you cancel your subscription, you will continue to have access to paid features through the end of your current billing period.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Test websites or applications that you do not own or have explicit permission to test
• Use the Service to perform security testing, penetration testing, or vulnerability scanning without proper authorization
• Attempt to circumvent credit consumption limits or billing mechanisms
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use the Service to transmit malware, viruses, or any malicious code
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Access the Service through automated means (bots, scrapers) except through our official API
• Resell, sublicense, or otherwise commercialize access to the Service without our explicit written consent
• Use the Service in any way that violates applicable laws or regulations
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including suspending or terminating accounts without refund.

7. Data Privacy and Security

7.1 Zero-Transmission Architecture

Our hybrid desktop-cloud architecture is designed to protect your sensitive data. The Rock Smith desktop application executes browser testing locally on your machine. Website content, screenshots, and sensitive data are processed locally and are not transmitted to our cloud servers unless you explicitly choose to store test reports in cloud storage.

7.2 Data We Collect

We collect and process data necessary to provide the Service, including:

• Account information (name, email, organization details)
• Usage data (test execution logs, credit consumption, feature usage)
• Test results and reports (when stored in cloud storage)
• Billing and payment information (processed through Stripe)
• Technical data (device information, IP addresses, browser data for security purposes)

7.3 Data Security

We implement industry-standard security measures to protect your data, including:

• TLS encryption for all data in transit
• Encrypted storage for sensitive data
• One-time WebSocket security tokens for privacy-critical testing
• Role-based access controls (RBAC) for team management
• Comprehensive audit logging
• Regular security assessments and compliance audits

For more information about how we collect, use, and protect your data, please review our Privacy Policy.

8. Intellectual Property

8.1 Ownership of Service

The Service, including all content, features, functionality, software, and technology, is owned by Sliverware and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Test Reports and Data

You retain ownership of the websites and applications you test. Test reports generated by our Service are provided to you under a license to use for your internal business purposes. You may share reports with stakeholders, clients, and third parties as needed for compliance and business purposes.

8.3 AI-Generated Content

Test results, recommendations, and insights generated by our AI agents are provided as-is. While you may use this AI-generated content for your purposes, we retain ownership of the underlying AI models, algorithms, and testing methodologies.

8.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without compensation or attribution.

9. Testing Disclaimer

9.1 Not Legal Advice

The Service provides automated testing and compliance analysis but does not constitute legal advice. Our test results and compliance reports are informational tools to assist with quality assurance and accessibility compliance efforts. You should consult with qualified legal counsel regarding compliance with WCAG, Section 508, ADA, EAA, or any other legal requirements.

9.2 Testing Accuracy

While our AI-powered testing achieves high detection rates (70-80% for accessibility issues), no automated testing tool can detect 100% of issues. Our Service is designed to complement, not replace, manual testing and human expertise. You are responsible for validating test results and making final determinations about your application's compliance and quality.

9.3 False Positives and False Negatives

Despite our efforts to minimize false positives (target: below 5%), our Service may occasionally report issues that are not actual problems (false positives) or miss issues that do exist (false negatives). You are responsible for investigating and validating all reported issues.

10. Beta and Experimental Features

From time to time, we may offer beta, preview, or experimental features that are still in development. These features are provided "as-is" without warranties of any kind and may:

• Contain bugs, errors, or other issues
• Be modified or discontinued without notice
• Not be subject to the same security, privacy, or performance standards as production features
• Consume credits differently than documented

Features explicitly labeled as "Beta," "Preview," "Experimental," or similar designations are subject to these additional terms. We recommend against using beta features for production-critical testing unless you understand and accept these risks.

11. Export Control and Compliance

The Service may be subject to export control laws and regulations, including those of the United States. You agree to comply with all applicable export and import laws and regulations. You represent and warrant that:

• You are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country
• You are not listed on any U.S. government list of prohibited or restricted parties
• You will not use the Service for any purposes prohibited by applicable export laws
• You will not access or use the Service in violation of any applicable trade sanctions or embargoes

If you are subject to specific data residency requirements or regulatory compliance obligations, please contact us at contact@rocksmith.ai to discuss enterprise solutions that may better meet your needs.

12. Disclaimers and Limitation of Liability

12.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• Test results will be accurate, reliable, or complete
• Any errors in the Service will be corrected
• The Service will be compatible with your systems or applications

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SLIVERWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Unauthorized access to, use of, or alteration of your data or content
• Reliance on test results or compliance reports
• Any legal claims, fines, or penalties resulting from accessibility compliance issues

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Dispute Resolution and Arbitration

13.1 Informal Negotiations

If a dispute arises between you and Sliverware, we encourage you to first contact us at contact@rocksmith.ai to attempt to resolve the dispute informally. We commit to working with you in good faith to reach a mutually acceptable resolution.

13.2 Binding Arbitration

If we cannot resolve a dispute through informal negotiations within sixty (60) days, either party may initiate binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

The arbitration shall be conducted by a single arbitrator, and the arbitrator's decision shall be final and binding on both parties. The arbitration shall take place in Singapore, unless the parties agree otherwise. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that one party is the prevailing party.

13.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND SLIVERWARE INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13.4 Exceptions

Notwithstanding the above, either party may bring a claim in small claims court if the claim qualifies. Additionally, either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice in the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the modified Terms constitutes acceptance of those changes.

If you do not agree to the modified Terms, you must stop using the Service and may cancel your account. We recommend reviewing these Terms periodically to stay informed of any updates.

15. Termination

15.1 Termination by You

You may terminate your account at any time through the account settings in the Service or by contacting us at contact@rocksmith.ai. Upon termination:

• You will lose access to paid features at the end of your current billing period
• Unused credits will be forfeited and are non-refundable
• We will retain your data in accordance with our data retention policies

15.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Fraudulent or illegal activity
• Non-payment of fees
• Behavior that harms or threatens other users or the Service

15.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

16. General Terms

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sliverware regarding the Service and supersede all prior or contemporaneous communications and proposals.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

16.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

17. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Service, please contact us at:

We will make reasonable efforts to respond to all inquiries within 2-3 business days.