Terms of Service

Effective date: May 29, 2026

1. Acceptance of Terms

By accessing or using the 5Labs platform ("Service"), operated by 5Labs, Inc. ("5Labs," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service. These Terms constitute a legally binding agreement between you and 5Labs.

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 "you" refers to both you individually and the organization.

2. Description of Service

5Labs provides an autonomous launch assurance platform that validates business outcomes, detects revenue leakage, identifies software glitches, verifies webhook integrations, replays user sessions, assesses compliance readiness, and issues Launch Certified™ badges for web applications ("Your Applications"). The Service includes, but is not limited to:

  • Autonomous Discovery Engine™ for application blueprinting
  • AI-powered test orchestration and agent simulation
  • Launch Readiness Index (LRI) scoring
  • Revenue Assurance and Glitch Detection modules
  • Webhook Verification and Session Replay™ tools
  • Compliance Readiness assessments (GDPR, CCPA, PCI-DSS, HIPAA, WCAG, SOC 2)
  • Regression Intelligence™ and CI/CD integration
  • Launch Certified™ badge issuance and verification
  • AI-generated reports and recommendations

3. Account Registration

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

You must be at least 18 years old to create an account. Each account is for a single user or organization; sharing credentials across multiple parties is prohibited.

4. Subscription Plans and Payment

The Service is offered under multiple subscription tiers (Founder, Agency, Enterprise). Pricing, features, and usage limits for each tier are as described on our pricing page and may be updated from time to time.

  • Billing: Subscription fees are billed in advance on a monthly or annual basis, depending on the plan selected. All fees are non-refundable except as required by applicable law.
  • Overages: If your usage exceeds the limits of your current plan, we may charge overage fees or throttle access until the next billing cycle.
  • Plan Changes: You may upgrade or downgrade your plan at any time. Upgrades take effect immediately; downgrades take effect at the start of the next billing cycle.
  • Cancellation: You may cancel your subscription at any time from your dashboard. Upon cancellation, your subscription remains active until the end of your current billing cycle. You will retain full access to the Service for the remainder of the paid period. No partial, prorated, or any other refunds will be issued for the unused portion of a billing cycle.
  • No Refunds: All fees are final: monthly, annual, and overages. Unused run credits remain in the account balance and can be used at anytime, but not refundable as monetary payments.
  • Taxes: You are responsible for all applicable taxes. Prices displayed exclude taxes unless stated otherwise.

5. Zero-Copy Architecture™ and Data Handling

5Labs employs a Zero-Copy Architecture™ approach, meaning we do not persistently store the source code, proprietary business logic, or customer data of Your Applications. Our AI agents interact with Your Applications in the same manner as an end user, through publicly accessible URLs and standard web protocols.

Test results, scores, glitch reports, and other analytical outputs generated by the Service ("Test Data") are stored in your 5Labs account and are subject to our Privacy Policy.

6. Acceptable Use

You agree not to:

  • Use the Service to test applications you do not own or have authorization to test
  • Attempt to reverse-engineer, decompile, or extract any proprietary algorithms or models from the Service
  • Use the Service to conduct denial-of-service attacks, load testing beyond authorized limits, or any activity designed to disrupt third-party services
  • Resell, sublicense, or distribute access to the Service without written authorization
  • Upload or transmit malware, viruses, or any malicious code through the Service
  • Use the Service to process, store, or transmit data in violation of any applicable law or regulation
  • Circumvent usage limits, rate limits, or access controls
  • Misrepresent or fraudulently claim Launch Certified™ status

7. Intellectual Property

Our IP: The Service, including all software, algorithms, AI models, branding (including 5Labs™, Launch Certified™, Launch Readiness Index™, Zero-Copy Architecture™, Discovery Engine™, Session Replay™, and Regression Intelligence™), documentation, and content, is the exclusive property of 5Labs and is protected by intellectual property laws. Nothing in these Terms grants you any ownership rights in our IP.

Your IP: You retain all rights to Your Applications and any data you provide. By using the Service, you grant 5Labs a limited, non-exclusive license to access Your Applications solely for the purpose of performing the testing and analysis services you request.

Test Data: You own the Test Data generated through your use of the Service. We may use anonymized, aggregated data derived from Service usage to improve our platform, provided such data cannot identify you or Your Applications.

8. Launch Certified™ Badge

The Launch Certified™ badge is a certification mark issued by 5Labs indicating that Your Application met specified quality thresholds at the time of certification. The badge:

  • Reflects the state of Your Application at the time of the specific test run that triggered certification
  • Does not guarantee the absence of all defects, vulnerabilities, or issues
  • May be revoked if subsequent testing reveals Your Application no longer meets the required thresholds
  • Must not be altered, modified, or used in a misleading manner
  • Is non-transferable and applies only to the specific application and version certified

9. Disclaimer of Warranties

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

5Labs does not warrant that: (a) the Service will be uninterrupted, error-free, or secure; (b) defects will be corrected; (c) the Service or its infrastructure is free of viruses or harmful components; or (d) test results, LRI scores, or AI-generated recommendations will be complete, accurate, or free from errors. The Service uses artificial intelligence, which may produce inaccurate or incomplete results.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 5LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO 5LABS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless 5Labs and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any unauthorized testing of applications you do not own.

12. Termination

Either party may terminate the agreement at any time. You may close your account by contacting support. We may suspend or terminate your access if you violate these Terms or for any other reason with reasonable notice. Upon termination:

  • Your right to access the Service ceases immediately
  • We may delete your Test Data after a 30-day grace period
  • Any outstanding payment obligations survive termination
  • Sections 7, 9, 10, 11, 14, and 16 survive termination

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Effective date" at the top. Your continued use of the Service after such changes constitutes acceptance of the revised Terms. If you do not agree, you should discontinue use of the Service.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Wilmington, Delaware. The prevailing party shall be entitled to recover reasonable attorney's fees.

15. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy and the Affiliate Program Terms (Section 16), constitute the entire agreement between you and 5Labs.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
  • Waiver: Failure to enforce any right or provision does not constitute a waiver.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.
  • Force Majeure: 5Labs shall not be liable for any failure to perform due to circumstances beyond our reasonable control.

16. Affiliate Program

5Labs offers an affiliate program that allows participants ("Affiliates") to earn commissions by referring new customers to the Service. Participation in the affiliate program is subject to the following additional terms:

16.1 Eligibility and Enrollment

  • Any individual or entity may enroll as an Affiliate by creating an affiliate account through the designated signup process. Existing 5Labs customers automatically receive affiliate capabilities upon purchasing a paid plan.
  • Affiliates do not need to be 5Labs customers to participate. Affiliate-only accounts are permitted.
  • 5Labs reserves the right to reject, suspend, or terminate any Affiliate account at any time, for any reason, with or without notice.

16.2 Referral Tracking and Commissions

  • Referral links: Each Affiliate receives a unique referral link. Referrals are tracked via a 30-day browser cookie. The first referrer to set the cookie receives credit ("first click wins").
  • Commission rates: Affiliates earn a percentage of each referred customer's subscription payment as specified on the affiliate program page. Current standard rate is 20% for Founder, Growth, and Agency plans; 15% for Enterprise; and 10% for credit pack purchases. Rates are subject to change with 30 days' notice.
  • One-time commission: Commissions are paid on the referred customer's first qualifying payment only, not on recurring renewals.
  • Minimum payout: Commissions accumulate until the minimum payout threshold is met (currently $10 for standard plans, $50 for Enterprise referrals).

16.3 Payment

  • Commissions are paid via PayPal. Affiliates must provide a valid PayPal email address in their affiliate dashboard to receive payments.
  • Payouts undergo a 60-minute review period before processing. 5Labs reserves the right to extend the review period in cases of suspected fraud.
  • Affiliates are solely responsible for all taxes, reporting obligations, and regulatory compliance related to commission income received.

16.4 Prohibited Conduct

Affiliates agree not to:

  • Engage in self-referral (referring your own account or accounts you control)
  • Use spam, unsolicited messages, or deceptive practices to distribute referral links
  • Bid on 5Labs branded keywords (e.g., "5Labs," "5Labs QA") in paid search or advertising campaigns
  • Misrepresent the Service, make false guarantees, or claim an official partnership or endorsement beyond the affiliate relationship
  • Use cookie stuffing, adware, malware, or any automated method to artificially generate referral clicks or signups
  • Create fake accounts, use fraudulent payment methods, or engage in any form of referral fraud
  • Violate any applicable advertising disclosure laws (including FTC, ASA, and equivalent regulations) by failing to disclose the affiliate relationship

16.5 Fraud Detection and Enforcement

  • 5Labs employs automated fraud detection systems that monitor for suspicious patterns including rapid signups, shared IP addresses, shared email domains, and high-volume activity from a single affiliate.
  • Commissions associated with flagged referrals may be withheld, reversed, or cancelled at 5Labs' sole discretion.
  • Violation of any prohibited conduct may result in immediate termination of the Affiliate account, forfeiture of all pending and unpaid commissions, and permanent ban from the affiliate program.

16.6 Marketing Materials

  • 5Labs provides approved marketing assets (banners, copy templates, link snippets) through the affiliate dashboard. Affiliates should use these assets or create original content that accurately represents the Service.
  • Use of the 5Labs name, logo, and trademarks is limited to the approved assets and must comply with the brand guidelines provided in the affiliate dashboard.

16.7 Modifications and Termination

  • 5Labs may modify commission rates, program terms, payout thresholds, or any other aspect of the affiliate program with 30 days' notice.
  • Either party may terminate the affiliate relationship at any time. Upon termination, pending commissions that have passed the review period will still be paid. Unpaid commissions below the minimum threshold are forfeited.
  • Sections 16.4, 16.5, and any accrued payment obligations survive termination of the affiliate relationship.

17. Contact

If you have questions about these Terms, please contact us at:

5Labs, Inc.
[email protected]