Terms of service

1. The service

MaxoPerf provides a cloud-based load-testing platform that lets you design, run, and analyse performance tests against systems you own or are authorised to test. The platform includes a web console, a public REST API, managed runner infrastructure, and optional private runner support.

"MaxoPerf", "we", "us", or "our" refers to the company operating the platform. "You" or "your" refers to the individual or organisation accessing the service.

2. Acceptable use

You may use MaxoPerf only for lawful purposes and only in ways that comply with these terms. You must not:

• Use the platform to attack, disrupt, or degrade systems you do not own or are not explicitly authorised to test.
• Attempt to circumvent platform access controls, rate limits, or billing enforcement.
• Use the platform to distribute malware, conduct phishing, or engage in fraudulent activity.
• Resell or sublicense access to the platform without a separate written reseller agreement.
• Upload test scripts or payloads designed to exfiltrate data from third-party systems.

3. Load-testing authorisation requirement

You must have explicit written authorisation to load-test any target system that you do not own. Load-testing a third-party system without permission may constitute a computer-fraud offence under applicable law (including but not limited to the Computer Fraud and Abuse Act, the Computer Misuse Act, and equivalent statutes in other jurisdictions).

By using MaxoPerf you represent and warrant that:

• You own, or hold explicit authorisation to test, every target URL, IP address, or API endpoint you submit to the platform.
• Your authorisation covers the load profile (concurrency, request rate, duration) you intend to run.
• You will immediately cease testing if the target operator withdraws authorisation.

MaxoPerf may suspend accounts that generate complaints from third-party operators or that show patterns consistent with unauthorised testing.

4. Accounts and access

You are responsible for maintaining the confidentiality of your credentials and API keys. You must notify us immediately at security@maxoperf.com if you suspect unauthorised access to your account. We will not be liable for losses arising from unauthorised use of your credentials.

You may not share accounts between organisations. Each organisation should maintain its own account under these terms.

5. Intellectual property

We retain all intellectual property rights in the platform, including the console UI, API, documentation, and runner software. Your test scripts, configurations, and results remain your intellectual property. You grant MaxoPerf a limited licence to process and store that data solely to deliver the service to you.

6. Data and privacy

Our collection and use of personal data is governed by our Privacy Notice at /legal/privacy/. If you are processing personal data in test payloads, you are responsible for ensuring you have the appropriate legal basis to do so and for complying with applicable data-protection law.

7. Service availability and SLA

We target high availability for the platform console and managed runner infrastructure. Specific uptime commitments, if any, are set out in your subscription agreement or order form. Scheduled maintenance windows will be communicated at least 48 hours in advance via the platform status page at status.maxoperf.com.

8. Fees and payment

Fees are set out in the pricing schedule at /pricing/ or your order form. Unless otherwise agreed, fees are billed monthly in arrears based on usage. Failure to pay within 30 days of invoice may result in service suspension. All fees are exclusive of applicable taxes.

9. Limitation of liability

To the maximum extent permitted by applicable law, MaxoPerf's total liability to you for any claims arising from or related to these terms or the service shall not exceed the greater of (a) the fees you paid in the 12 months immediately preceding the event giving rise to the claim, or (b) USD 100. We shall not be liable for indirect, incidental, consequential, punitive, or special damages, even if we have been advised of their possibility.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

10. Indemnification

You agree to indemnify and hold harmless MaxoPerf and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your violation of these terms; (b) your violation of any law or third-party right; or (c) load tests you run against systems you were not authorised to test.

11. Term and termination

These terms remain in effect for as long as you hold an account. Either party may terminate for convenience on 30 days' written notice. We may suspend or terminate your account immediately for material breach, including violation of the authorisation requirement in Section 3. On termination you should export your data; we will retain it for 90 days before deletion, subject to our Privacy Notice.

12. Changes to these terms

We may update these terms from time to time. We will notify you by email at least 30 days before material changes take effect. Continued use of the service after the effective date constitutes acceptance of the revised terms.

13. Governing law and disputes

These terms are governed by the laws of the jurisdiction in which MaxoPerf is incorporated, without regard to conflict-of-law principles. Any dispute arising from these terms shall first be submitted to good-faith mediation. If mediation fails, disputes shall be resolved by binding arbitration under the rules of a mutually agreed arbitration body, except that either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

14. General

These terms, together with our Privacy Notice and any applicable order form, constitute the entire agreement between you and MaxoPerf regarding the service and supersede all prior agreements. If any provision is held unenforceable, the remaining provisions continue in full force. Our failure to enforce any right or provision is not a waiver. You may not assign these terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Last revised: 2026-06-15 (draft — not yet in effect)