1. Who you are contracting with
These Terms of Service ("Terms") are an agreement between you and Papaya Privacy Co. ("Papaya", "we", "us"), the seller and provider of The Privacy Pentest. When you use the service, you are contracting with Papaya Privacy Co.
2. The service
The Privacy Pentest is an automated website privacy testing service. You submit a website address; we run scripted browser journeys against it across selected jurisdictions and consent scenarios, and produce a report describing observed consent behaviour, tracking activity, and potential compliance exposure. The service is provided on a one-time assessment basis or as a monthly subscription, as described on our pricing page.
3. Acceptance of these Terms
By accessing or using The Privacy Pentest, or by continuing to use it after a change to these Terms, you agree to be bound by these Terms. If you do not agree, do not use the service.
4. Eligibility and authority
If you are purchasing on behalf of a company or organisation, you represent that you have the authority to bind that organisation to these Terms. If you are purchasing as an individual, you represent that you are of legal age to form a binding contract in your jurisdiction.
5. Your account
Where the service provides you with access links or credentials, you are responsible for keeping them confidential and for all activity that occurs under them. You agree to provide accurate information (including the website address you submit and your contact email) and to keep it up to date.
6. Acceptable use
You must not misuse the service. In particular, you must not:
- use the service for any unlawful purpose, or in violation of any applicable law or regulation;
- submit a website for testing unless you own it or have explicit authorisation from its owner to test it;
- attempt to defraud Papaya, Paddle, or other users, including through payment fraud or spam;
- infringe the intellectual property rights of Papaya or any third party;
- interfere with the security of the service, including by introducing malware, probing or scanning our infrastructure, or scraping the service other than through its intended interfaces;
- resell, redistribute, or provide access to the service or its reports to third parties except as expressly permitted by your plan.
Because the service actively exercises consent flows on the website you submit, submitting a site you are not authorised to test is a material breach of these Terms.
7. Licence and restrictions
Subject to these Terms and the plan you purchase, Papaya grants you a limited, non-exclusive, non-transferable right to use the service and to view, download, and share the resulting reports within your organisation. You may not reverse engineer the service, circumvent technical limits (such as the number of tests per assessment), or use the service to build a competing product.
8. Test data and your content
You retain ownership of the website content, screenshots, and request data captured from the site you submit. You grant Papaya a limited licence to host, process, and display that data solely as needed to run the tests you requested and to provide the resulting report to you. You are responsible for having the rights needed for us to test the website you submit.
9. Automated analysis and accuracy
The service combines automated browser testing with automated analysis, including AI-assisted synthesis of findings. Automated analysis may be incomplete or inaccurate, and a completed run does not guarantee that every journey finished successfully. The report describes observed behaviour at a point in time and is general information about your website's consent and tracking behaviour. It is not legal advice and is not a certification or guarantee of compliance with GDPR, CCPA/CPRA, or any other law. You are responsible for verifying findings, interpreting them with qualified counsel where appropriate, and for any decisions or changes you make to your website as a result.
10. Fees, payment, and subscriptions
Prices are stated on our pricing page. One-time assessments give access to a single report; monthly subscriptions repeat each billing month and include the benefits described at checkout. Payment, billing frequency, taxes, cancellations, and refunds are handled through our payment provider. For the mechanics of payment, billing, tax, cancellation, and refunds, please refer to Paddle's Buyer Terms.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
11. Service level
The service depends on third-party websites and infrastructure. We do not guarantee that the service will be uninterrupted, timely, or error-free, and we do not guarantee that any particular test or journey will complete successfully. Where a test cannot complete, the report identifies it as incomplete rather than successful.
12. Suspension and termination
We may suspend or terminate your access to the service, with or without notice, if you materially breach these Terms, fail to pay amounts due, create a security or fraud risk, or repeatedly or seriously violate our policies. When your access ends, your reports and test data become unavailable through the service; associated data is retained or deleted as described in our Privacy Notice.
13. Intellectual property
Papaya retains all rights, title, and interest in the service, including its software, testing methodologies, report formats, documentation, and branding. Nothing in these Terms transfers ownership of the service to you.
14. Disclaimers
Except as expressly stated, the service is provided "as is" and "as available", and Papaya disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
15. Limitation of liability
To the fullest extent permitted by law, Papaya's aggregate liability arising out of or relating to the service is limited to the fees you paid to us in the twelve months before the event giving rise to the claim. Papaya is not liable for indirect, consequential, or special damages, including lost profits, lost data, or lost goodwill. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, death, or personal injury.
16. Indemnity
You agree to indemnify Papaya against claims arising from the website you submit for testing, your use of the service or its outputs, or your violation of these Terms.
17. Governing law and disputes
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law rules. The courts located in San Francisco County, California have exclusive jurisdiction over disputes arising from these Terms, except where mandatory consumer protection law gives you the right to bring a claim in your country of residence.
18. General
You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. We may update these Terms from time to time; the current version is always available on this page, and continued use of the service after a change constitutes acceptance.
19. Contact
Questions about these Terms? Contact Papaya Privacy Co. at ram+privacy-pentest@papayacomply.ai.