Terms of Service

Last updated: September 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the services, software, and websites operated by Whitcher Worldwide LLC ("we", "us", or "our"), including SureXperience (available at surexperience.co and surexperience.app). By creating an account, accessing, or using our services, you agree to be bound by these Terms. If you do not agree, you must not use our services.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use our services. By using SureXperience, you represent and warrant that you meet these requirements. If you are using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Description of Services

SureXperience is a software-as-a-service ("SaaS") platform provided by Whitcher Worldwide LLC that enables users to run automated application experience testing and experience monitoring workflows via cloud-hosted emulators. The platform includes, but is not limited to:

Cloud-based emulator provisioning and management
Automated task execution and AI-driven interaction
AI experience memory, enabling the platform to retain and apply learning across sessions
Screenshot capture, visual comparison, and performance reporting
A user dashboard for configuration, monitoring, and task reporting
RESTful API access for programmatic integration with CI/CD pipelines and third-party tooling

Beta and Preview Features. Certain features may be made available in preview or beta form. Such features are provided for evaluation purposes only, may not be feature-complete, and are subject to change or removal without notice. Beta features are excluded from any service level commitments and are provided without warranty.

Service Availability. During the Alpha phase, the service is provided on a best-efforts basis, without a formal Service Level Agreement ("SLA"). We will endeavor to maintain reasonable availability but do not guarantee any minimum uptime during this phase. Formal SLA commitments will be introduced with generally available ("GA") subscription plans.

We reserve the right to modify, suspend, or discontinue any aspect of the services at any time, with or without notice.

4. Accounts and Registration

To access certain features, you must register for an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain the security of your authentication methods, including your linked Google account, the email address registered for one-time passcodes, and any API keys or access tokens issued to you by the platform
Promptly notify us of any unauthorized access or use of your account by contacting us at info@surexperience.co
Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

5. Access Plans & Pricing

SureXperience is currently available on an invite-only, unpaid Alpha basis. Access during the Alpha phase is provided at no charge and is subject to availability and capacity limits at our sole discretion.

The following terms apply to the Alpha phase and to future subscription plans:

Alpha access is provided free of charge and may be modified, limited, or revoked at any time without notice
Paid subscription plans will be introduced when the platform reaches general availability ("GA"). We will provide reasonable advance notice — and notify all registered Alpha users by email — before any transition from free to paid access takes effect
Once fees apply, they will be billed in advance on a monthly or annual basis depending on the selected plan
We reserve the right to introduce, modify, or discontinue subscription tiers at any time with reasonable advance notice to existing users
Failure to pay applicable fees once they are introduced may result in suspension or termination of your access

6. Acceptable Use

You agree not to use our services for any unlawful purpose or in any manner that could harm Whitcher Worldwide LLC, our users, or third parties. Prohibited activities include, but are not limited to:

Testing or interacting with applications or systems you do not have authorization to access
Attempting to circumvent security measures, rate limits, or access controls
Transmitting malware, viruses, or malicious code
Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any part of the platform
Using the platform to infringe third-party intellectual property rights
Reselling, sublicensing, or redistributing access to the services without our prior written consent
Engaging in any activity that places excessive or unreasonable load on our infrastructure

Alpha Phase Restrictions. During the Alpha phase, the following additional restrictions apply:

Sharing, transferring, or forwarding your Alpha access, account, or invite codes to any unauthorized party
Publicly disclosing, publishing, or distributing information about the platform's features, bugs, performance benchmarks, or unreleased functionality without our prior written consent — including via social media, blog articles, review sites, or public forums

7. Intellectual Property

All intellectual property rights in the SureXperience platform, including software, algorithms, interfaces, documentation, and branding, are owned by or licensed to Whitcher Worldwide LLC. These Terms do not transfer any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable license to use the services solely as permitted by these Terms.

You retain ownership of any data, content, or materials you upload to the platform ("Your Content"), as well as any outputs generated by the platform from Your Content — including experience reports, screenshots, screen recordings, and structured result data ("Generated Outputs"). By using the platform, you grant us a license to: (i) process Your Content solely to the extent necessary to provide the services to you; and (ii) use Generated Outputs to operate, train, improve, and develop the platform and its AI models and capabilities. Application Packages and Test Artifacts (as defined in Section 9.2) are expressly excluded from use (ii) without your prior written consent. Our use of session data and Generated Outputs is further governed by Section 9.3 of these Terms.

Alpha Feedback. During the Alpha phase, you may provide feedback, suggestions, bug reports, or ideas regarding the services ("Feedback"). You agree that any Feedback you provide may be freely used, incorporated, and commercialized by Whitcher Worldwide LLC without restriction, compensation, or attribution. You waive any intellectual property claims in respect of Feedback submitted during the Alpha phase.

8. Data and Privacy

Our collection and use of personal data is governed by our Privacy Policy and Cookie Policy, both of which are incorporated into these Terms by reference. By using our services, you consent to the data practices described therein.

For clarity, the Privacy Policy governs the collection and processing of personal data through our public-facing website (surexperience.co). The confidentiality and handling of business data generated through your use of the SureXperience platform (surexperience.app) is governed by Section 9 of these Terms.

Whitcher Worldwide LLC operates in compliance with applicable privacy law, including the General Data Protection Regulation (GDPR) for users in the European Union and European Economic Area, and the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents. For details of your rights under these frameworks, please refer to Section 6 of our Privacy Policy.

9. Confidentiality & Data Handling

We take the confidentiality of your business data seriously. This section describes how we collect, store, access, and protect data generated through your use of the SureXperience platform (surexperience.app).

9.1 Account & Access Management Data

We collect and store account information necessary to authenticate users and manage access to the platform. This includes authentication tokens issued via Google OAuth, organization identifiers, role and permission assignments, API keys, session tokens, and the email address registered for one-time passcodes. No SureXperience-managed passwords are stored. Access to account data is restricted to authenticated users and authorized Whitcher Worldwide LLC personnel only. We do not share account data with third parties except as required to operate the service (e.g. authentication infrastructure providers).

9.2 Application Packages & Test Artifacts

When you submit an application package (e.g. an APK or other installable) to the platform, that file and all associated metadata are treated as confidential. Application packages and test artifacts are used solely for the purpose of executing the experience sessions you have configured. They are not shared with other customers, used to train models, or retained beyond the period required to deliver results. You retain full ownership and intellectual property rights over any application you submit.

Alpha Phase Notice. During the Alpha phase, you upload application packages and test artifacts at your own risk. We will take best efforts to keep all uploaded materials confidential and secure; however, we accept no liability for breach of confidentiality arising during the platform hardening process prior to general availability. If you have concerns about uploading sensitive or proprietary materials during Alpha, we recommend waiting until the platform reaches general availability.

9.3 Experience Reports & Session Recordings

Experience reports, screenshots, screen recordings, interaction logs, and performance data generated during a session (collectively, "Generated Outputs" as defined in Section 7) are stored securely and are accessible only to users within your organization or team who have been granted access. They are not accessible to users outside your organization.

SureXperience may use Generated Outputs to train, improve, and develop the platform's AI models and capabilities. Application Packages and Test Artifacts uploaded by you (as defined in Section 9.2) are expressly excluded from this use without your prior written consent.

During the Alpha phase, data retention periods are determined at our discretion and will be communicated to you directly. Following general availability, outputs will be retained for the duration specified by your subscription plan and permanently deleted upon expiry or upon your request.

9.4 Schema-Level & Structured Platform Data

Structured data generated and stored by the platform on your behalf — including project configurations, task definitions, capability parameters, orchestration metadata, and memory records — is logically isolated at the application level using customer-scoped namespaces and access controls. The platform operates on shared cloud infrastructure. We implement access controls to ensure that one customer's data cannot be accessed by another customer through the platform. However, we do not guarantee physical separation of data storage between customers.

9.5 General Confidentiality Obligation

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the services ("Confidential Information"). This obligation does not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was already known to the receiving party at the time of disclosure; (iii) is independently developed by the receiving party without use of the Confidential Information; or (iv) is required to be disclosed by applicable law or court order, provided that reasonable prior notice is given where legally permitted. This clause survives termination of these Terms.

9.6 Security Measures

We implement commercially reasonable technical and organizational security measures to protect platform data against unauthorized access, loss, or disclosure. These include encryption of data at rest and in transit, access controls and audit logging, regular security reviews, and secure deletion practices. However, no security system is impenetrable, and we cannot guarantee absolute security of your data.

Our security practices are designed in alignment with NIST CSF and OWASP principles. We are working toward ISO 27001 and SOC 2 Type II certification as part of our enterprise readiness roadmap.

10. Disclaimers

General. The services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Whitcher Worldwide LLC does not warrant that the services will be uninterrupted, error-free, or free of harmful components.

Alpha Phase. During the Alpha phase, the platform is pre-release software and may contain bugs, incomplete features, or undergo significant changes without notice. You may experience unexpected behavior, service interruptions, or data loss. Your use of the platform during the Alpha phase is entirely at your own risk, and we expressly disclaim any liability for losses arising from the pre-release nature of the software.

AI-Generated Outputs. The platform uses artificial intelligence to generate experience reports, interaction logs, performance assessments, and other outputs. These outputs may contain errors, inaccuracies, omissions, or unexpected results. Whitcher Worldwide LLC does not warrant the accuracy, completeness, or fitness for purpose of any AI-generated output. You should exercise independent judgement when interpreting or acting on any output produced by the platform.

Emulator Limitations. The platform executes application testing on cloud-hosted emulators, which may not perfectly replicate the behavior, performance, or characteristics of physical devices. Test results, experience reports, and interaction data generated on emulated environments may differ from results observed on real devices. We make no warranty that emulator-based results are representative of end-user device behavior.

Third-Party Services. The platform relies on third-party infrastructure and services, including cloud hosting, authentication providers, and communications services. We are not responsible for any unavailability, errors, or data loss caused by third-party service failures, outages, or changes to third-party service terms.

No Professional Advice. Nothing produced by the platform — including experience reports, performance assessments, visual comparisons, or interaction logs — constitutes professional, legal, security, or technical advice. Platform outputs are designed to help inform your product decisions by surfacing usage insights and experience-based suggestions. Each business remains solely responsible for its own legal, security, technical, and product decisions.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Whitcher Worldwide LLC and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the services, even if we have been advised of the possibility of such damages.

Alpha Phase Liability Cap. During the Alpha phase, our total cumulative liability to you for any claim arising out of or relating to these Terms or the services shall not exceed the fees paid by you to us in the twelve (12) months preceding the claim.

Liability terms will be updated at general availability ("GA") to reflect appropriate commercial insurance coverage and any service level commitments applicable to paid subscription plans.

12. Indemnification

You agree to indemnify, defend, and hold harmless Whitcher Worldwide LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the services, your violation of these Terms, or your infringement of any third-party rights. Without limiting the foregoing, indemnifiable events expressly include: (i) breach of the Alpha Phase Restrictions set out in Section 6, including unauthorized disclosure of platform information; and (ii) claims arising from application packages, test artifacts, or other materials you upload to the platform.

At general availability ("GA"), these Terms will be updated to include mutual indemnification obligations (including our indemnification of you for claims arising from our own intellectual property infringement, gross negligence, or willful misconduct), procedural requirements (including prompt notice, right to control the defense, and cooperation obligations), and carve-outs excluding claims caused by our own platform failures from your indemnification obligation.

13. Term and Termination

These Terms remain in effect for as long as you use our services.

User Termination. You may terminate your account at any time by deleting your account through the platform settings, or by requesting deletion by email to info@surexperience.co. Upon receiving a deletion request, we will process it within a reasonable timeframe and confirm by email.

Termination by Whitcher Worldwide LLC. We may suspend or terminate your access at any time, including immediately if we determine that you have violated these Terms or that continued access poses a risk to our services or other users. We will notify you by email to your registered address upon account termination, except where prohibited by law or where immediate action is required to prevent harm.

Alpha End-of-Phase Termination. At the conclusion of the Alpha phase, we may terminate all Alpha phase accounts collectively. We will provide reasonable advance notice by email to all registered Alpha users prior to any such collective termination, and will outline available options including transition to a paid plan at general availability.

Data Following Termination. Upon account termination or deletion:

Application packages and test artifacts will be deleted promptly following account closure
Generated Outputs (experience reports, screenshots, recordings, and structured result data) will be deleted within 30 days of account closure, subject to any applicable legal retention requirements
Account data will be deleted in accordance with our Privacy Policy and applicable data protection law
Data already incorporated into AI model training prior to termination is not required to be removed from model weights and will not be retroactively deleted

Data Export. Following account closure, you will have 14 days to request an export of your Generated Outputs before they are permanently deleted. Export requests should be submitted to info@surexperience.co.

Upon termination, your right to access the services ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 6 (Acceptable Use — Alpha Phase Restrictions and non-disclosure obligations), 7 (Intellectual Property), 9 (Confidentiality & Data Handling), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law).

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with proceedings conducted in English.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

15. Changes to These Terms

We reserve the right to update these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and notify you by email to the address associated with your registered account. Your continued use of the services after any changes constitutes your acceptance of the revised Terms.

16. Contact

If you have any questions about these Terms, please contact us at: info@surexperience.co

Whitcher Worldwide LLC
Registered in the United States of America