1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and TouchBasePro (Pty) Ltd, a company registered in South Africa, trading as Testicly("we", "us", or "Company"), governing your access to and use of the Testicly platform available at testicly.com and all related services, applications, and tools (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Description of Service
Testicly is an AI-powered platform that analyses Email, WhatsApp, SMS, and RCS marketing messages. The Service provides deliverability scoring, content analysis, compliance checks, and actionable recommendations to help you improve your messaging campaigns.
Key features include:
- Technical deliverability analysis (SPF, DKIM, DMARC, blacklist checks)
- AI-powered content review and recommendations
- Email client rendering previews
- Scored reports with actionable insights
- PDF report generation and delivery
- Multi-channel support (Email, WhatsApp, SMS, RCS)
3. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.
4. Account Registration
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorised use of your account
We reserve the right to suspend or terminate accounts that use disposable email addresses, alias email addresses (e.g., addresses containing "+"), or that otherwise violate these Terms.
5. Free Tier and Credits
New users receive 3 free reports per unique email address. After the free tier is exhausted, continued use of the Service requires the purchase of credits or a subscription plan.
Credits are subject to the following conditions:
- Once-off credit packs expire 30 days from the date of purchase
- Subscription credits renew monthly or annually based on your plan
- Credits are non-transferable between accounts or tenants
- Unused credits are forfeited upon expiry — no refunds are issued
- Pricing, credit allocations, and plan features are subject to change with reasonable notice
6. Payments and Billing
All payments are processed via our supported payment methods (PayPal, credit card). You agree to provide accurate billing information and authorise us to charge the applicable fees.
- All prices are in United States Dollars (USD) unless otherwise stated
- Subscription plans auto-renew unless cancelled before the renewal date
- Refunds are issued at our sole discretion and only in cases of Service malfunction — not for unused credits
- We reserve the right to modify pricing with at least 30 days' written notice
7. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
- Submit or analyse content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
- Attempt to gain unauthorised access to the Service, other accounts, or related systems
- Interfere with or disrupt the integrity or performance of the Service
- Reverse engineer, decompile, or disassemble any part of the Service
- Use automated tools (bots, scrapers) to access the Service without our written consent
- Circumvent the credit system or free-tier limitations through multiple accounts or other means
- Resell, share, or redistribute the Service or reports without authorisation
8. Intellectual Property
The Service, including all content, features, functionality, designs, code, and documentation, is owned by TouchBasePro (Pty) Ltd and is protected by copyright, trademark, and other intellectual property laws.
You retain ownership of any content you submit to the Service for analysis. By submitting content, you grant us a limited, non-exclusive licence to process and analyse that content solely for the purpose of providing the Service.
9. White-Label and Tenant Usage
Testicly may be offered under different brand names through our white-label programme. The underlying Terms remain the same regardless of the branding under which you access the Service. Your tenant administrator may impose additional usage policies.
10. Data Handling and Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using the Service, you consent to the practices described in the Privacy Policy.
Messages submitted for analysis are processed in real-time and are not permanently stored beyond the retention period described in our Privacy Policy.
11. AI-Generated Content Disclaimer
The Service uses artificial intelligence to generate recommendations, scores, and analysis. While we strive for accuracy, AI-generated content is provided on an "as-is" basis and should not be considered professional advice. You acknowledge that:
- AI outputs may contain inaccuracies or errors
- Scores and recommendations are indicative and do not guarantee deliverability or compliance
- You are solely responsible for decisions made based on the Service's outputs
- We are not liable for any losses arising from reliance on AI-generated content
12. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may temporarily suspend the Service for maintenance, updates, or circumstances beyond our control. We are not liable for any loss or damage resulting from Service downtime.
13. Limitation of Liability
To the maximum extent permitted by law, TouchBasePro (Pty) Ltd, its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service.
Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.
14. Indemnification
You agree to indemnify, defend, and hold harmless TouchBasePro (Pty) Ltd, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
15. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination:
- Your right to use the Service ceases immediately
- Any unused credits are forfeited with no refund
- We may delete your account data after a reasonable retention period in accordance with our Privacy Policy
You may terminate your account at any time by contacting us or using the account settings page.
16. Changes to These 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 "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.
17. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
19. Contact Us
If you have any questions about these Terms of Service, please contact us:
- Email: support@touchbasepro.com
- Website: www.touchbasepro.com
- Offices: Johannesburg (Hyde Park) & Cape Town (Century City), South Africa