Terms of Service

1. Agreement to Terms

By accessing or using the Ponty platform (“Service”), operated by Ponty Technologies (“Ponty,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). 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.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Ponty provides a session intelligence and agentic QA platform for engineering teams. The Service includes:

• Session recording SDKs for web, iOS, and Android applications
• AI-powered session analysis, friction detection, and issue tagging
• Agentic QA testing with AI agents that run tests in real browsers
• Self-healing test capabilities
• Session replay, semantic search, and AI chat
• Integrations with issue trackers (GitHub, Jira, Linear), notification tools (Slack), and error monitoring (Sentry, PostHog)
• A dashboard at app.ponty.ai and CLI tools

3. Account Registration

To use the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

You must notify us immediately at eashan@ponty.ai if you suspect unauthorized access to your account.

4. Acceptable Use

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

• Use the Service to record sessions without appropriate consent from your end users
• Attempt to circumvent privacy masking or access masked data
• Use the Service to collect sensitive personal data (health, financial, etc.) without appropriate safeguards
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to develop a competing product
• Exceed your plan's usage limits or circumvent rate limiting
• Transmit malware, viruses, or harmful code through the Service
• Share your account credentials or API keys with unauthorized parties

5. Your Responsibilities

As a customer integrating Ponty into your application, you are responsible for:

• Obtaining appropriate consent from your end users for session recording, as required by applicable law
• Providing notice to your end users about what data is collected
• Configuring the SDK's privacy settings to mask sensitive content appropriately
• Ensuring your use of the Service complies with all applicable data protection laws including GDPR, CCPA, and others
• Maintaining the security of your API keys and project keys

6. Data Ownership

Your data is yours. You retain all rights, title, and interest in and to the session data, recordings, and other content you submit to the Service (“Customer Data”). We process Customer Data solely to provide and improve the Service.

You grant Ponty a limited, non-exclusive license to process your Customer Data as necessary to provide the Service, including generating AI summaries, embeddings, friction analysis, and automated test scripts.

You may export or delete your Customer Data at any time through the dashboard or by contacting us.

7. AI-Generated Content

The Service uses third-party AI models to generate session summaries, friction analysis, test scripts, and other outputs. AI-generated content is provided “as-is” and may contain inaccuracies. You are responsible for reviewing and validating AI-generated outputs before relying on them for critical decisions.

AI-generated test scripts and agent actions may interact with your application in unexpected ways. You are responsible for running agentic QA tests in appropriate environments (staging, testing) and reviewing results before deploying to production.

8. Billing & Credits

The Service operates on a credit-based billing model. Each plan includes a monthly credit allocation. Usage is metered as follows:

• Recording a session: 1 credit
• AI analysis and friction detection: 2 credits
• Semantic search query: 1 credit
• Automated reproduction: 10 credits
• AI chat message: 3 credits
• Integration sync: Free

All features are available on every plan, including the free tier. Paid plans are billed monthly. You may cancel at any time; cancellation takes effect at the end of the current billing period. No refunds are provided for partial months.

9. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable notice. We are not liable for any downtime, data loss, or service interruption caused by factors beyond our reasonable control.

10. Intellectual Property

The Service, including all software, designs, trademarks, and documentation, is the intellectual property of Ponty Technologies. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

Our SDKs are provided under open-source licenses as specified in their respective repositories.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PONTY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

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

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Indemnification

You agree to indemnify, defend, and hold harmless Ponty and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any claim that your use of the Service infringes a third party's rights.

14. Termination

Either party may terminate these Terms at any time. You may terminate by deleting your account or contacting us. We may terminate or suspend your access to the Service immediately if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to other users or the Service.

Upon termination, your right to use the Service ceases immediately. We will retain your Customer Data for 30 days following termination to allow for export, after which it will be permanently deleted.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.

16. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the “Last updated” date. Your continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree with the changes, you must stop using the Service.

17. Miscellaneous

These Terms constitute the entire agreement between you and Ponty regarding the Service. If any provision is found to be unenforceable, the remaining provisions shall remain in effect. Our failure to enforce any right or provision shall not be deemed a waiver of that right or provision. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

18. Contact

For questions about these Terms of Service:

Email: eashan@ponty.ai

Website: ponty.ai