Terms of Service

Who we are and what these Terms cover

These Terms of Service (the "Terms") are an agreement between OrderStorm Ecommerce, Inc., a Colorado corporation ("OrderStorm", "we", "us" or "our"), and you. OrderStorm develops and operates Probara, a test case management service made up of the web application at app.probara.net, the public API, the MCP server, the reporters and command line tools we publish, and the websites at probara.net and docs.probara.net (together, the "Service").

If you use the Service on behalf of a company or another organization, you accept these Terms on its behalf and confirm that you have the authority to do so. In that case "you" also means that organization.

By creating an account, joining an organization or otherwise using the Service, you accept these Terms, our Acceptable Use Policy and our Privacy Policy, which are part of these Terms. If you do not agree, do not use the Service.

Accounts and security

You must be at least 18 years old to create an account. The information you give us must be accurate and kept up to date.

You are responsible for keeping your password, recovery codes, API tokens and any other credentials (together, your "Account Access Information") confidential, and for all activity under your account, whether you authorized it or not. Tell us immediately if you believe someone has used your account without permission. We recommend turning on two-factor authentication.

OrderStorm is not liable for losses caused by unauthorized use of your Account Access Information. You may be liable for losses that OrderStorm or others suffer because someone else used it.

Organizations and members

Work in Probara happens inside an organization. The organization is our customer: its owner and administrators decide who becomes a member, which role each member has, which plan applies and when the organization is deleted. If you join an organization, its administrators can see and manage your membership and the content you add to it.

Each organization is isolated from every other organization. Projects, test cases, runs and the rest of an organization's content are never shared with another organization unless a member of yours chooses to share them, for example through a public run link.

Plans, trials and billing

Probara offers a Free plan, a paid Pro plan and an Enterprise plan sold under a separate written agreement. The features and limits of each plan are described on our pricing page.

Creating an organization starts a 14-day Pro trial without a credit card. When a trial ends without a subscription, the organization is paused until you subscribe or choose to continue on the Free plan.

Paid subscriptions are sold and billed through Polar, which acts as our reseller and merchant of record. Polar processes your payment, issues your invoices and collects any applicable taxes, and its buyer terms govern the checkout, payment methods and refunds. OrderStorm does not receive or store your full card details.

Subscriptions are billed per seat, in advance, monthly or annually, and renew automatically for the same period until they are canceled. You can cancel at any time; the cancellation takes effect at the end of the period you already paid for. When a renewal begins, the fees in effect at that time apply. We will tell you before a price change reaches your next renewal.

Except where the law or Polar's buyer terms say otherwise, fees are non-refundable, including when the Service is suspended or terminated before the end of a period, as described under Suspension and termination.

If a payment fails, the organization keeps its plan while Polar retries the charge. If the payment cannot be recovered, the organization moves off the paid plan. Moving to a smaller plan never deletes content: members above the plan's seat allowance are deactivated, most recently added first and never the owner, and projects above its project allowance are locked until a plan covers them again.

Your content

You and your organization keep all rights to the test cases, runs, results, defects, attachments, comments and any other material you put into the Service ("Customer Content").

You grant OrderStorm a worldwide, non-exclusive license to host, store, copy, process, transmit and display Customer Content only as needed to provide, secure and support the Service for you. We process Customer Content on behalf of your organization, as described in our Privacy Policy. We do not sell Customer Content and we do not use it to train machine learning models.

You are responsible for your Customer Content and for having the rights to put it into the Service. You can export your content at any time while your organization exists.

Acceptable use

You agree to use the Service only for lawful purposes, to comply with all local, state, federal and international laws that apply to you, and to follow our Acceptable Use Policy, which is part of these Terms. The Acceptable Use Policy applies to everything done with your account, including by scripts, integrations and AI agents that use your credentials. Among other things, it prohibits unlawful or harmful content, security or load testing of the Service without our written consent, attempts to reach data outside your organization, and use beyond the fair use of shared resources.

You also agree not to:

• copy, reverse engineer or decompile the Service, except to the extent the law allows despite this restriction;
• resell the Service or provide it to third parties without a written agreement with OrderStorm.

API, MCP server and integrations

API tokens and the AI clients you connect to the MCP server act on your behalf, with your permissions, and everything they do counts as activity under your account. Requests are subject to rate limits.

We may change or retire parts of the API and the MCP server. When a change would break integrations that work today, we will try to give reasonable notice.

When your organization connects a third-party service, such as GitHub or Jira, your use of that service is governed by its own terms. OrderStorm is not responsible for third-party services or for the content they send to or receive from Probara.

Suspension and termination

We may suspend all or part of the Service for an account or an organization, without liability, if:

• it violates the Acceptable Use Policy;
• you fail to reasonably cooperate with our investigation of a suspected breach of these Terms;
• we reasonably believe the account or the Service has been accessed or manipulated by a third party without your or our consent, or that suspension is necessary to protect the Service or other customers;
• a subpoena, court order or other legal requirement obliges us to suspend it.

Either party may terminate these Terms for a material breach by the other party with at least fifteen (15) days' written notice and an opportunity to cure the breach. OrderStorm may terminate immediately for a violation of the Acceptable Use Policy, whether or not the violation is later cured. When OrderStorm takes corrective action because of improper or unlawful use, no refund is issued.

You can stop using the Service at any time. You can delete your account from your profile, and an owner can delete an organization from its settings. A deleted organization stays read-only for 14 days, during which the deletion can be canceled, and is then permanently erased. An organization that nobody opens for 12 months is scheduled for deletion, and its members are notified first.

Termination does not cancel fees owed for the Service provided before it took effect. The sections Your content, Intellectual property, Disclaimer of warranties, Limitation of liability, Indemnification and Governing law and venue, and any other provision that by its nature should survive termination, will survive it.

Availability and changes to the Service

We work to keep the Service available, but we do not promise uninterrupted operation unless a separate written agreement, such as an Enterprise agreement, says otherwise. We may carry out maintenance, upgrades or repairs, and we will use commercially reasonable efforts to give notice in advance. In an emergency we may interrupt the Service to restore it without prior notice.

We may add, change or remove features. When we remove a feature that a paid plan includes, we will tell you in advance.

Intellectual property

The Service, including its software, source code, design, documentation, the Probara name and logos, is the property of OrderStorm or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. OrderStorm grants you a limited, non-exclusive, non-transferable and non-assignable right to use the Service under these Terms during your subscription. All rights not expressly granted are reserved.

If you send us feedback or suggestions, we may use them without any obligation to you.

Disclaimer of warranties

ORDERSTORM PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ORDERSTORM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Some jurisdictions do not allow the disclaimer of implied warranties, in which case the disclaimer above may not apply to you.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ORDERSTORM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.

In no event will OrderStorm's total aggregate liability exceed the amount you paid OrderStorm for the Service during the twelve (12) months before the event that gave rise to the claim. Some states do not allow such a broad exclusion or limitation of liability; in those states, OrderStorm's liability is limited to the fullest extent the law permits.

Indemnification

You agree to defend, indemnify and hold harmless OrderStorm and its contractors, agents, employees, officers, directors, shareholders and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from a third-party claim related to your Customer Content, your use of the Service (including use by anyone using your account, with or without your permission) or your breach of these Terms.

You agree to notify OrderStorm of any such claim promptly in writing, to let OrderStorm participate in its defense through counsel of its own choosing, and to cooperate fully during the proceedings.

Governing law and venue

These Terms are deemed entered into in the State of Colorado, and the laws of the State of Colorado govern their validity, construction, interpretation and legal effect. Any action relating to or arising out of these Terms or the Service shall be brought in the courts of Jefferson County, Colorado. You and OrderStorm waive the right to a trial by jury in any such proceeding.

Changes to these Terms

We may update these Terms from time to time. We will publish the new version on this page with a new "Last updated" date, and when a change is material we will notify the owners of affected organizations by email or in the app before it takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms. Renewals of a subscription are subject to the Terms in effect at the time of the renewal.

Notices and contact

We send notices to the email address on your account; a notice is considered delivered five (5) days after it is sent. You can send notices to OrderStorm through the contact form on probara.net or by first-class mail to:

• OrderStorm Ecommerce, Inc., 11757 W. Ken Caryl Ave. F-272, Littleton, CO 80127, USA

General

These Terms, together with the Acceptable Use Policy, the Privacy Policy and any order form or written agreement for your plan, are the complete and exclusive agreement between you and OrderStorm about the Service, and supersede any prior proposals, agreements or communications. If a written agreement signed by OrderStorm conflicts with these Terms, the written agreement prevails.

If OrderStorm does not enforce a provision, that is not a waiver of its right to enforce it later. If a provision is found unenforceable, the rest of these Terms remain in effect. You may not assign these Terms without OrderStorm's written consent. OrderStorm will not be in breach of these Terms when its obligations are delayed or prevented by causes beyond its reasonable control, such as natural disasters, war, terrorism, acts of government, or failures of utilities, internet providers or other third parties. Headings are descriptive only; if a heading conflicts with the text below it, the text controls.

These Terms may be offered in translation. If a translation conflicts with the English version, the English version prevails.