tapstep End User License Agreement

Version 1.0 — Effective: [DATE]

DRAFT — review by qualified counsel required before publication. [Entity registration pending: complete the БИН and registered address in Section 20 when ТОО "Tapstep" is registered.]

This End User License Agreement ("Agreement") is a legal agreement between you ("you", "User") and Tapstep LLP (ТОО "Tapstep"), a limited liability partnership organized under the laws of the Republic of Kazakhstan ("Tapstep", "we", "us"), governing your use of the tapstep desktop application, the tapstep command-line tools, and any related software components distributed by Tapstep (collectively, the "Software"). If you use the Software on behalf of a company or other organization, "you" includes that organization, and you represent that you are authorized to bind it to this Agreement.

By clicking "Agree", installing, or using the Software, you accept this Agreement. If you do not agree, do not install or use the Software.

1. License Grant

Subject to this Agreement, Tapstep grants you a personal, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software in object-code form for testing and automating applications that you own or are authorized to test.

The Software is currently provided free of charge. Tapstep may introduce paid plans with additional features in the future; features available under the free plan may change, but this Agreement's license to use the Software as provided will continue to apply unless the Agreement is updated (Section 17).

2. Restrictions

Except to the extent permitted by applicable mandatory law, you may not:

3. Ownership

The Software is licensed, not sold. Tapstep and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. "tapstep" and associated logos are trademarks of Tapstep. This Agreement grants you no right to use the tapstep name, logos, or trademarks other than to accurately refer to the Software; any other use requires our prior written permission.

4. Your Content and Test Data

You retain all rights to the test flows, configuration, recordings, screenshots, videos, and other content you create with the Software ("Your Content"). Your Content is stored locally on your machine unless you sign in and enable cloud features (see the Terms of Service) or AI features (Section 5).

You are solely responsible for Your Content and for ensuring that your use of the Software — including the applications you test and the data those applications display — complies with applicable law and any agreements binding on you. You represent and warrant that you have, and will maintain, all rights, consents, and authorizations necessary to (a) test, record, and automate the applications and systems you target with the Software, and (b) capture and process any data — including personal data of third parties — that those applications display or transmit during your sessions.

5. AI Features and Third-Party Services

The Software includes optional AI-assisted features (e.g., the built-in chat/agent). When you use them, content from your session — which may include prompts, test flows, application screenshots, accessibility/DOM data, and file contents — is transmitted to the AI provider configured by you (for example, Anthropic, or a provider behind a third-party CLI you connect). Your use of an AI provider is governed by that provider's own terms and privacy policy, and you are responsible for having the rights to submit the content you send and for complying with that provider's terms. AI features are off unless you configure and invoke them.

When you connect your own API key, provider account, or locally hosted model, your relationship with that provider is solely between you and the provider; Tapstep is not a party to it and does not receive, store, or control that traffic.

AI output may be inaccurate, and the same or similar output may be generated for other users. You are responsible for reviewing AI-generated tests and changes before relying on them.

Tapstep is not responsible for third-party services, models, or content, and disclaims all liability for their acts, omissions, or unavailability.

6. Pre-Release Software

The Software is currently at an early-access (MVP) stage. It may contain errors, may change significantly between versions, and any feature may be modified, suspended, or discontinued at any time without liability to you. Tapstep has no obligation to provide support, maintenance, updates, or any particular feature or level of availability.

7. Updates

The Software may check a Tapstep-operated server for updates and download and install them to keep the Software current and secure. Update checks transmit only what is technically necessary to serve the correct update package. You can decline updates by not installing them, but older versions may stop working with Tapstep services.

8. Third-Party Software

The Software includes third-party open-source components. Their license terms and attributions are listed in the THIRD-PARTY-NOTICES file distributed with the Software. Those licenses apply to those components in place of this Agreement to the extent required.

9. Usage Data

Tapstep may collect aggregated, de-identified technical information about the installation and use of the Software (such as version, platform, and feature-usage statistics) to operate, secure, and improve the Software. Any such collection will be described in the Privacy Policy before it begins, and will be subject to opt-in or opt-out where required by law.

10. Feedback

If you send Tapstep suggestions, ideas, or other feedback about the Software or services, you grant Tapstep a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use and incorporate that feedback for any purpose, without compensation or attribution. Feedback does not include Your Content.

11. Privacy

Tapstep's collection and use of personal data in connection with the Software is described in the Privacy Policy.

12. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPSTEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) TAPSTEP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL; AND (b) TAPSTEP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TAPSTEP FOR THE SOFTWARE IN THE 12 MONTHS PRECEDING THE CLAIM OR USD 50.

Nothing in this Agreement excludes liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence, or for willful misconduct or gross negligence.

14. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Tapstep, its officers, and its contractors from and against any third-party claim, and resulting damages, costs, and reasonable legal fees, arising out of or relating to: (a) your breach of Sections 2, 4, or 15; (b) the applications, systems, or data you test, record, or automate with the Software; or (c) content you submit to AI providers. This Section does not apply to you to the extent you are a consumer in a jurisdiction whose law prohibits such indemnification.

15. Export Control and Sanctions

You represent that you are not located in, ordinarily resident in, or a national of any country or territory subject to a comprehensive embargo (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions), and that you are not listed on any applicable restricted-party list (including the OFAC SDN list and the consolidated sanctions lists of the EU, UK, and Republic of Kazakhstan). You will not use, export, or re-export the Software in violation of applicable export-control and sanctions laws. Tapstep may suspend or terminate access where reasonably required to comply with such laws.

16. Termination

This Agreement is effective until terminated. It terminates automatically if you breach it. Upon termination you must stop using and delete the Software. Sections 2–4, 8, 10, and 12–20 survive termination.

17. Changes to this Agreement

Tapstep may update this Agreement. Material changes will be presented in the Software (or on the website) for your acceptance; the version and effective date appear at the top. If you are a consumer in the EU or UK, we will give you reasonable advance notice of material changes by e-mail or in-product notice, and you may stop using the Software if you do not accept them. Continued use of the Software after acceptance of an updated version constitutes agreement to it.

18. Consumer Rights; General

Consumer rights. If you are a consumer, nothing in this Agreement limits or excludes rights or remedies granted to you by mandatory consumer-protection law of your country of residence (including statutory conformity rights for digital content in the EU), and Sections 12–14 apply only to the extent permitted by that law.

General. This Agreement (with the documents it references) is the entire agreement between you and Tapstep concerning the Software and supersedes prior agreements on that subject. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain in effect. A failure to enforce a provision is not a waiver of it. You may not assign this Agreement without our prior written consent; Tapstep may assign it in connection with a merger, acquisition, or sale of assets, or to an affiliate. Neither party is liable for delay or failure caused by events beyond its reasonable control. Translations of this Agreement are provided for convenience; the English version controls to the extent permitted by applicable law.

19. Governing Law and Disputes

This Agreement is governed by the laws of the Republic of Kazakhstan, without regard to conflict-of-law rules. Disputes shall be resolved in the courts of the Republic of Kazakhstan, unless mandatory consumer-protection law of your country of residence provides otherwise, in which case you may also bring proceedings in your local courts. [Counsel: consider arbitration clause / venue.]

20. Contact

Tapstep LLP (ТОО "Tapstep") — legal@tapstep.dev [Registered address and business identification number (БИН) to be added upon registration of the ТОО.]