TESTNGEN — TERMS OF SERVICE, PRIVACY POLICY & DATA PROCESSING ADDENDUM

SECTION 1 - SERVICE USE

You must be 18 years or older to use testngen.

You agree not to misuse the Service, interfere with operations, or violate applicable laws.

We may suspend or terminate access for misconduct at our discretion.

SECTION 2 - USER CONTENT

"User Content" includes any material you upload or submit, including:

• Images
• Advertisements
• Copy, text, headlines
• Scripts, notes, and metadata

2.1 Ownership

You retain ownership of your User Content.

2.2 License to Testbed.AI

By using the Service, you grant testngen a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to:

• Use, process, reproduce, analyze, publish, modify, and create derivative works from your User Content
• Train, fine-tune, and improve machine learning models, personas, evaluation engines, and algorithms
• Store derived representations (embeddings, structured data, extracted features, textual summaries)
• Use your User Content for internal research, analytics, security, debugging, and product development

This license survives the termination of your account.

You represent that you have all necessary rights to grant this license.

SECTION 3 - HANDLING OF USER CONTENT (IMAGES, TEXT, ETC.)

3.1 Original Image Handling

testngen does not permanently retain your original image files. Images may be temporarily cached for processing but are deleted once processed.

3.2 Derived Data

We do retain:

• Text descriptions
• Metadata
• Embeddings
• Model evaluation results
• Persona scoring
• Analytical features extracted from your content

Derived data cannot be reverse-engineered into the original image and is used for model improvement.

SECTION 4 - OUTPUT OWNERSHIP

You may use all generated outputs (evaluations, persona reactions, summaries) for any lawful purpose.

testngen retains all rights to:

• Models
• Personas
• Algorithms
• Analytical systems
• Synthetic outputs not containing your proprietary text verbatim

We do not guarantee correctness or real-world performance.

SECTION 5 - RESTRICTED CONTENT

You agree not to upload unlawful, offensive, copyrighted, or otherwise restricted content. You agree not to upload content containing personal data of others without consent.

SECTION 6 - PRIVACY POLICY (INTEGRATED)

This Privacy Policy explains how we collect, use, and protect information about you.

6.1 Information We Collect

We collect:

• Account and contact information
• Uploaded User Content
• System usage data (clicks, actions, evaluations performed)
• Technical logs for debugging and security

6.2 How We Use Your Information

We use information to:

• Operate the Service
• Process and evaluate User Content
• Train and improve machine learning models
• Enhance personas
• Prevent fraud
• Provide customer support
• Analyze usage and develop new features

6.3 Sharing of Information

We may share derived data with:

• Trusted infrastructure providers
• AI processing vendors
• Security and analytics partners

We do not sell User Content or derived data.

6.4 Data Retention

We:

• Delete original image uploads after processing
• Retain derived data indefinitely for model improvement and analytics
• Retain account and billing information as required by law

6.5 User Rights

You may request:

• Access to your account data
• Deletion of your account
• Correction of inaccurate information

Derived data, embeddings, and model improvements cannot be deleted, as they are inseparable from the machine learning systems.

SECTION 7 - DATA PROCESSING ADDENDUM (INTEGRATED)

Applies where you act as "data controller" under privacy regulations such as GDPR or CCPA.

7.1 Roles

• You are the "Data Controller."
• testngen is the "Data Processor."

7.2 Processing Instructions

We will process personal data solely to provide and improve the Service, including:

• Feature extraction
• Scoring and evaluation
• Analytics
• Model training and refinement

You authorize all processing described in these Terms.

7.3 Subprocessors

We may use subprocessors for hosting, AI infrastructure, analytics, and security. We maintain responsibility for their compliance.

7.4 Security

We implement reasonable technical and organizational measures to safeguard data.

7.5 Data Subject Rights

We support your ability to:

• Request deletion (except derived data)
• Request access
• Object to processing

7.6 International Transfers

Your data may be transferred outside your jurisdiction as necessary to operate the Service.

SECTION 8 - MODEL TRAINING NOTICE (CRITICAL CLAUSE)

You acknowledge and agree that:

• All User Content and derived data may be used to train, improve, and refine testngen's machine learning models.
• This includes models for:
  • Persona behavior
  • Synthetic evaluations
  • Ad analysis
  • Image understanding
  • Embeddings
  • Predictive analytics
• Model improvements are exclusively owned by testngen.
• These rights survive account termination.

SECTION 9 - DISCLAIMERS

The Service is provided as-is, with no warranties, including:

• Accuracy
• Reliability
• Non-infringement
• Fitness for a particular purpose

You use the Service at your own risk.

SECTION 10 - LIMITATION OF LIABILITY

To the extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability will not exceed the amount paid by you in the last 90 days

SECTION 11 - TERMINATION

We may suspend or terminate accounts at any time for violating these Terms.

You may stop using the Service at any time.

SECTION 12 - UPDATES TO TERMS

We may update these Terms at any time. Continued use of the Service constitutes acceptance of the updated Terms.

SECTION 13 - GOVERNING LAW

These Terms are governed by the laws of the State of California.

SECTION 14 - CONTACT

For legal questions:
info@climehigher.com