Terms & Conditions

Last updated: 2026.09.11

These Terms and Conditions ("Terms") govern access to and use of the DeepXplore website, application, and related services (the "Services") provided by DeepXplore Labs GmbH, Friedrich-Neumeyer-Weg 4, 84453 Mühldorf am Inn, Germany ("DeepXplore", "we", "us", or "our"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Business customers only

The Services are offered exclusively to businesses and other organizations acting in a commercial or professional capacity (Unternehmer within the meaning of Section 14 of the German Civil Code). They are not offered to consumers. By using the Services you confirm that you are entering into these Terms in the course of your trade, business, or profession, and that you have authority to bind the organization you represent.

2. Description of Services

DeepXplore is a cloud platform that helps engineering and SRE teams detect, explain, and resolve performance and reliability issues. The Services currently include:

We offer subscription plans (including Basic, Pro, and Enterprise). Features, limits, and prices are listed on our Pricing Page and may be varied in a separate Enterprise order. We may add, change, or discontinue features, including beta or experimental capabilities, with notice where reasonably practicable.

3. Licence

Subject to these Terms and timely payment, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your paid subscription term for your internal business purposes. You may not reverse engineer, copy, resell, or otherwise exploit the Services except as permitted by mandatory law. All rights not expressly granted are reserved by DeepXplore Labs GmbH and our licensors.

4. Subscription, billing, and Paddle

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.

Paid plans are billed monthly or annually through Paddle. Checkout, invoices, taxes collected at checkout, and payment methods are also subject to Paddle’s buyer terms. By subscribing, you authorize recurring charges until you cancel. Transactions may appear on your statement as PADDLE.NET*DEEPXPLORE. See Paddle.com.

All prices exclude VAT and other applicable taxes. Where required, VAT and other taxes are calculated and added at checkout based on your billing location. Subscription fees are subject to our Refund Policy.

The subscription fee includes performance tests within your plan’s service limits. We do not charge a separate per-run fee. Generated test traffic from our platform to your Customer Environment is included, as is storage of performance metrics and results for three weeks, after which that data is deleted. We may limit, throttle, or require an Enterprise plan for usage that is disproportionate to your plan — including unusually high egress — so included traffic remains fair to all customers.

In addition to the subscription fee, Root Cause Analysis and DeepXplore Code may incur usage charges. You choose the AI provider and model (for example Anthropic or OpenRouter). Those charges are billed through Paddle at DeepXplore’s then-current, model-specific rates, which are based on the chosen provider’s public token pricing. Some plans include a monthly token allotment as shown on the Pricing Page; Root Cause Analysis and DeepXplore Code share that allotment. Unused included tokens do not roll over to the next month. Usage beyond any included allotment is billed the same way.

5. Refunds

Refunds are governed by our Refund Policy, which forms part of these Terms.

6. Account registration

To use certain Services you must create an account (authentication is provided via Auth0). You agree to provide accurate information, keep credentials confidential, and accept responsibility for all activity under your account, including activity by users you invite. Notify us promptly of unauthorized use. We may suspend accounts that we reasonably believe are compromised, unpaid, or in breach of these Terms.

7. Customer environments — no liability for your cluster or systems

The Services are designed to act on infrastructure, applications, repositories, and observability stacks that you designate (your "Customer Environment"). That may include generating load, installing or running agents, collecting telemetry, connecting to third-party tools, and proposing or opening code or configuration changes.

You alone decide the targets (including whether tests run against production), schedules, intensity, and configuration. You represent that you have all rights and authorizations needed to test, instrument, and access those systems, including systems of your customers or cloud providers.

You are solely responsible for capacity, quotas, autoscaling, backups, change windows, RBAC, secrets, network policy, data protection in your environment, and all cloud, infrastructure, and third-party costs. You should run tests against non-production systems where possible, set your own abort conditions and rate limits, and be able to stop tests independently of the Services.

Load generation, agents, schedulers, and related automation may behave unexpectedly. That includes software bugs, defects, misconfiguration, runaway or looping tests, higher volume or duration than you intended, failure to stop or scale down, incorrect targeting, or any other malfunction of the Services.

To the fullest extent permitted by law, DeepXplore is not liable for outages, data loss, degraded performance, pod or node pressure, cascading failures, failed deploys, third-party SLA breaches, security incidents in your environment, or increased cloud or infrastructure bills arising from tests, agents, integrations, AI-generated changes, bugs or malfunctions in the Services (including unintended, excessive, or uncontrolled load generation), or any other use of the Services against your Customer Environment.

You will indemnify and hold harmless DeepXplore Labs GmbH and our officers, employees, and contractors against claims, damages, and costs (including reasonable legal fees) arising from (a) your Customer Environment, (b) tests or access directed at systems you are not authorized to target, or (c) content or credentials you provide.

8. AI features and DeepXplore Code

Parts of the Services use machine learning and large language models. Outputs — including root-cause explanations, test data, patches, pull requests, and recommendations — may be incomplete, incorrect, or unsafe to apply without review. You must have a qualified human review any change before merge, deploy, or production use. We do not warrant that AI outputs are fit for any particular purpose, free of defects, or non-infringing. Isolated or sandboxed execution does not remove your duty to review.

9. Customer data

You retain all rights in data, telemetry, configuration, code, and other content you submit or that the Services collect from your Customer Environment ("Customer Data"). You grant us a limited licence to host, process, and use Customer Data solely to provide, secure, and improve the Services and to comply with law. We act as processor for Customer Environment telemetry and repository context as described in our Privacy Policy. A data processing agreement is available on request.

You must not instruct the Services to collect special categories of personal data or production personal data where synthetic or anonymized data would suffice, and you are responsible for lawful collection in your environment.

10. Third-party integrations

The Services may connect to tools you already use (for example GitHub, GitLab, Datadog, Grafana, PagerDuty, Slack, Jira, or Prometheus). Those providers’ terms and privacy policies apply. We are not responsible for third-party services, outages, or data handling. You must use least-privilege credentials and rotate them if compromised.

11. Service availability and warranties

We aim to keep the Services available but do not guarantee uptime. Scheduled maintenance and unplanned outages may occur. Unless a separate written Enterprise agreement states otherwise, the Services are provided "as is" and "as available", without SLA, and without warranties of merchantability, fitness for a particular purpose, or uninterrupted or error-free operation, except for warranties that cannot be excluded under German law.

12. Acceptable use

You agree not to:

13. Intellectual property

The Services, software, documentation, trademarks, and website content are owned by DeepXplore Labs GmbH or our licensors. You may not copy, modify, distribute, or exploit them except as expressly allowed in these Terms or by mandatory law. Feedback you provide may be used by us without restriction or obligation to you.

14. Confidentiality

Each party will keep the other’s non-public business, technical, and Customer Data confidential and use it only to perform these Terms, except for information that is public, independently developed, or required to be disclosed by law (with notice where legally permitted).

15. Limitation of liability

Nothing in these Terms limits liability for intent, gross negligence, injury to life, body, or health, or liability under the German Product Liability Act (ProdHaftG), or any other liability that cannot be limited under mandatory German law.

Subject to the preceding paragraph, we are not liable for indirect or consequential damages, lost profits, lost revenue, loss of data, business interruption, reputational harm, or increased infrastructure costs, including where those arise from bugs, defects, or unexpected behaviour of the Services (for example runaway load tests). Our aggregate liability arising out of or relating to the Services is limited to the fees you paid us for the Services in the twelve (12) months before the claim.

16. Term, suspension, and termination

These Terms apply from your first use of the Services until your subscription ends and any surviving obligations are fulfilled. You may cancel as described in the Refund Policy. Access continues until the end of the already-paid term. On that cancellation date we permanently delete the organization and all associated information that we are not required to keep by law. If a fee is not paid in time (including a failed or unpaid renewal), the organization is likewise deleted when the paid term ends. We may also suspend or terminate access earlier for material breach, legal risk, or misuse. Sections that by their nature should survive (including 7, 8, 13–15, 18–20) survive termination.

17. Changes to these Terms

We may update these Terms. The "Last updated" date will change when we post a new version. For material changes we will also provide notice by email or in-product message where reasonably practicable. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and cancel your subscription.

18. Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including outages of cloud providers, internet backbone failures, war, epidemic, or governmental action.

19. Assignment, severability, entire agreement

You may not assign these Terms without our prior written consent. We may assign them to an affiliate or successor. If a provision is invalid, the remainder stays in effect. These Terms, the Refund Policy, the Privacy Policy, and any Enterprise order constitute the entire agreement and supersede prior discussions relating to the Services. An Enterprise order prevails over these Terms to the extent of conflict.

20. Governing law and venue

These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the registered seat of DeepXplore Labs GmbH (Mühldorf am Inn), unless mandatory law provides otherwise.

21. Legal entity and contact

DeepXplore Labs GmbH
Friedrich-Neumeyer-Weg 4
84453 Mühldorf am Inn
Germany
Commercial register: HRB 35651, Amtsgericht Traunstein
Managing director: Stephan Stiefel

Email: [email protected]
Phone: +49 8631 6970521
Website: https://deepxplore.io

Further imprint information is available in our Impressum.