Terms and conditions of use

These terms govern access to and use of the Performate desktop software, the website https://performate.app, and related services (together, the “Service”) provided by Lucas Ezequiel Yoris, national ID 38.511.756 (“we”).

By creating an account, downloading the app, using a free trial, or continuing to use the Service, you confirm that you have read and accept these terms. If you do not agree, do not use the Service.

Performate is a desktop tool for performance and load testing (including k6 integration), Postman-style collection import, workspace management and, depending on your plan, AI-assisted analysis or other features described on the site or in documentation.

We may change, replace or discontinue features with reasonable notice where permitted by law.

You must have legal capacity to contract in your jurisdiction and at least the minimum age required by applicable law.

You are responsible for the confidentiality of your credentials and for all activity under your account.

You must provide accurate information and keep your contact email up to date.

We grant you a personal, revocable, non-exclusive, non-transferable licence to use the Service in accordance with these terms and your active plan or trial.

You do not acquire ownership of the software. Copying, distribution, rental, sublicensing, decompilation or reverse engineering is prohibited except where mandatory law allows.

The Service may include a time-limited trial, paid plans and other plans (e.g. developer access) as published on the site.

Prices, taxes, renewals and payment terms will be communicated at purchase or via the payment channel we specify (gateway, invoicing or other). Prices are expressed in USD and/or ARS depending on the payment channel and do not include local taxes unless expressly stated.

We may apply service charges on the transaction amount. Depending on the payment method, additional gateway, network, tax, withholding, or similar third-party charges may also apply.

The definitive amount to transfer/pay is always the final total shown at checkout when you confirm the transaction.

Paid plans are purchased for a prepaid period (for example, 1, 3, 9 or 12 months). There is no automatic renewal or recurring charge: when the period ends, paid access ends unless you make a new purchase. If you renew the same plan while it is still active, unused time is rolled over by extending the expiration date as described in section 6.

We may change prices with reasonable notice (at least 30 days); changes will not apply retroactively to an already paid period unless the law requires otherwise. Promotional or launch prices have an end date published on the site; when that offer ends, the regular price shown as a reference applies, and that transition is not a price change subject to the notice above.

If you have an active paid subscription (Pro or Pro+) and purchase a higher tier before it expires, we apply a monetary credit equal to the unused portion of your current plan, adjusted by the percentage of the current month's AI quota (reports and/or k6 AI chat) already consumed.

The credit is computed as: remaining days × daily price of your current plan × (1 − the larger of the two AI usage percentages). The less AI quota you have spent, the larger the credit; once any AI quota reaches 100%, the credit is zero.

Maximum cap: 30% of the new plan's listed price for the chosen period, before any tenure discount. This keeps a minimum margin on every upgrade.

When credit does NOT apply: (a) Free users moving to Pro or Pro+ pay the full listed price; (b) expired, trial, lifetime, or other non-active subscriptions; (c) same-plan renewals (Pro→Pro or Pro+→Pro+), where unused time is rolled over by extending the expiration date; (d) internal Dev/QA accounts; (e) when fewer than 7 days remain on the active plan.

Downgrades: while your Pro+ plan is active we don't switch you to Pro within the same cycle. You can wait until the contracted period ends and subscribe to the lower tier at that time, or contact us to discuss your case.

Effect on expiration date: when we apply an upgrade credit, the remaining time is compensated as money and the new expiration date is computed as the payment date plus the new plan's contracted period (without rolling over the old time). For same-plan renewals, the new period is added on top of the existing expiration date.

Before redirecting you to payment, we show a breakdown of the listed price, the applied credit, and the final total. Continuing with payment counts as your express acceptance of that breakdown.

We keep a record of each calculation (remaining days, AI usage %, applied discount) for audit purposes and to resolve later inquiries.

When a Pro or Pro+ subscription expires, your account is not locked out: it is automatically switched to the Free plan and you may continue using Performate subject to Free plan limits and quotas. Paid-only features (including cloud sync and other Pro/Pro+ capabilities) become unavailable as of expiry. The Free plan is not cut off by an account expiry date; access is governed by the usage limits of the then-current plan. The plan change may take effect while the app is open (for example when your account profile is refreshed or when the window is focused again), without requiring a restart.

Work data stored on your device (local copy) is not deleted merely because Pro/Pro+ expires. The cloud copy is an encrypted backup of workspaces, variables, JS Library files, datasets, test results, and AI reports associated with paid plans; Free accounts do not sync. After the switch to Free, sync is paused and that cloud copy is retained in a frozen state for a sixty (60) day grace period from the downgrade. During that period, Performate may show in-app notices (for example a countdown). If you re-subscribe to Pro or Pro+ before the grace period ends, the scheduled deletion is cancelled and sync may resume (including, where applicable, restore from that copy if it still exists).

After sixty (60) days, Performate may automatically and irreversibly delete the cloud copy. You are responsible for exporting or keeping local backups in time. Performate does not guarantee recovery of the cloud copy after the grace period ends or if the backup no longer exists. This does not mean Performate deletes, upon expiry, data you keep only on your device; nor does Performate undertake to recover data you delete locally.

You agree to use the Service lawfully and only against systems and data you are authorised to test.

You must not use the Service to attack third-party infrastructure without consent, bypass security or gain unauthorised access, distribute malware, send spam or phishing, run unauthorised cryptocurrency mining on our systems, or infringe third-party rights, including intellectual property or privacy.

You are responsible for the content of your tests (URLs, request data, variables, etc.) and for complying with applicable data protection and trade-secret rules.

You represent that you own or have express authorisation to run performance tests against the endpoints, APIs or systems you load into Performate.

We are not liable for blocks, sanctions, claims or damages arising from unauthorised testing, including but not limited to third-party service interruptions, additional costs from generated traffic, and legal actions by owners of the systems tested.

If a third party makes any claim related to tests run through the Service, you agree to assume the defence and related costs as applicable.

You are the sole owner of your scripts, collections, variables, results and any other content you create or upload to Performate (“User Content”).

We only process that information to provide the Service, store it securely and allow you to manage it as you request.

Unless you give us express written consent, we will not use your User Content to train artificial intelligence models, share it with third parties for commercial purposes, or publish or display it publicly.

When you close your account, you may export your data in a standard format. Permanent deletion will follow reasonable technical timelines and applicable legal retention obligations.

Features that use artificial intelligence (e.g. analysis with Google Gemini, automated suggestions, script generation) may produce approximate, incomplete or interpretive results.

We do not guarantee absolute accuracy, currency or fitness of AI-generated results. You are responsible for validating, reviewing and approving any code, configuration or decision based on such analysis before using it in production environments.

We are not liable for damages, losses or decisions based on AI feature results. Using these features means you accept their inherent limitations.

The Service may integrate or rely on third-party components (e.g. k6, identity providers, cloud storage, AI APIs such as Google Gemini). Those third parties have their own terms, privacy policies and conditions of use.

If you configure third-party API keys, tokens or credentials in the app, you do so at your sole risk and subject to that third party’s conditions. We recommend reviewing each integrated service’s privacy and security policies.

We do not control or guarantee the availability, accuracy or security of third-party services. Any claim related to those services should be directed to their providers.

The "Performate" name, the “Performate by Lucas Ezequiel Yoris” brand, logo, design, source code, documentation and other materials associated with the Service are owned by Lucas Ezequiel Yoris or our licensors, and are protected by Argentine intellectual property laws and international treaties.

Nothing in these terms transfers any ownership of the Service or its components to you.

You grant us a limited, non-exclusive, royalty-free licence to use feedback, suggestions or comments you send for product improvement, without obligation of compensation unless expressly agreed in writing.

To the fullest extent permitted by applicable law, the Service is provided “as is” and “as available”, without express or implied warranties of merchantability, fitness for a particular purpose, non-infringement or continuity.

We do not guarantee specific outcomes from your load tests, that the Service is free of errors or interruptions, that AI analyses are accurate or complete, or compatibility with all systems or configurations.

To the extent permitted by Argentine law, we are not liable for indirect damages, lost profits, loss of data, business interruption or consequential damages, except where mandatory law requires otherwise for intent or gross negligence.

Our aggregate maximum liability for claims relating to the Service in any twelve (12) month period will not exceed the amount you paid directly to Lucas Ezequiel Yoris for the Service in that period, where the law allows.

We may suspend or terminate your access to the Service if you materially breach these terms, if required for security, stability or by law, or if we discontinue the Service, with notice as appropriate.

You may stop using the Service and request account closure at any time from the app or by contacting us at performate.app.sales@gmail.com. Some data may be retained as described in our Privacy Policy and required by law (e.g. billing, security), including minimal plan or trial history where applicable.

These terms are governed by and construed in accordance with the laws of the Argentine Republic, without prejudice to mandatory consumer protection rules that may apply in your jurisdiction.

For any dispute arising from these terms, the parties submit to the ordinary courts of the Argentine Republic, waiving any other venue that might otherwise apply, unless mandatory consumer law grants you a different venue as an end user.

For questions about these terms, ARCO rights (access, rectification, cancellation, opposition) or legal notices:

Email: performate.app.sales@gmail.com.

National ID: 38.511.756.

We may update these terms from time to time. Changes take effect after publication on the website and, where appropriate, will be notified by email or through the app.

Continued use of the Service after the changes take effect constitutes your acceptance of the new terms. We recommend reviewing this page regularly.

Entire agreement: These terms constitute the entire agreement between you and Lucas Ezequiel Yoris regarding the Service.

Waiver: Failure to exercise a right does not constitute a waiver of that right.

Severability: If any clause is held invalid or unenforceable, the remaining clauses remain in full force.

Assignment: We may assign these terms in the event of a corporate reorganisation, merger or sale of assets, with reasonable prior notice to you.

Language: The Spanish version of these terms prevails over any translation for legal purposes.