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Posted December 1, 2023

SAUCE LABS, INC. TERMS OF SERVICE, SERVICE-SPECIFIC TERMS

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Customer’s use of Services provided by Sauce Labs is subject to the Sauce Labs Terms of Service, or such other written master services agreement entered into by and between Customer and Sauce Labs (the “Agreement”), as well as the following additional Service-Specific Terms (the “Service-Specific Terms”).  All capitalized terms used herein but not defined shall have the meaning set forth in the Agreement.

These Service-Specific Terms provide product descriptions for each of the Services provided by Sauce Labs, as well as specific additional terms related to Customer’s use of each of the Services purchased by Customer via an Order Form. In the event of a conflict between the Agreement and these Service-Specific Terms, these Service-Specific Terms shall control. 

On an exceptions-only basis, certain of these Service-Specific Terms permit Customer to include Personal Data in data uploaded to the relevant Sauce Labs Services – in such circumstances the Sauce Labs Customer Data Processing Addendum (the “Sauce Labs DPA”) is noted to apply. Capitalized terms used in any Service-Specific Terms (if not otherwise defined therein) have the meanings given to them in the Sauce Labs Data Processing Addendum. 

Last updated: December 1, 2023

Service Name and Description

Service-Specific Terms

Virtual Concurrent Sessions (VCS):

Access to supported browser/operating system combinations or a supported emulated/simulated mobile device, in virtual machines made available in the cloud to execute live or automated tests using supported frameworks.

1.  These Virtual Concurrent Session terms apply to use of the following Services:  Virtual Concurrent Session, Virtual Concurrent Session-EU-DE.

2.  Virtual Concurrent Sessions are provided using shared computing infrastructure and virtualization technology to enable a single use virtual machine dedicated to a specific customer for the duration of a session (a “Virtual Concurrent Session”).  

3.  The number of Virtual Concurrent Sessions set forth on the Order Form represents the maximum number of Virtual Concurrent Sessions reserved for Customer’s simultaneous use at any given time during each month of the Customer’s subscription (“Reserved Concurrency”).  

4.  If “EU” is indicated on Customer’s Order Form, Virtual Concurrent Sessions will be provided from computing infrastructure located in the European Union.

5.  Sauce Labs makes no commitments or guarantees regarding support for or availability of any specific 3rd party browser, operating system, or mobile device emulator or simulator in a Virtual Concurrent Session.

6.  In conjunction with Virtual Concurrent Sessions, Customer will use certain software (including related support, maintenance, and documentation) developed, owned, or provided by third parties or their licensors.  Use of such third-party software is subject to Customer’s further agreement to and compliance with all applicable end user terms, including, without limitation:

6.1  By using Microsoft Corporation’s software, Customer agrees to be bound by the Microsoft End User License Terms (which are available at https://saucelabs.com/doc/microsoft-end-user-license-terms); and

6.2   By using Apple, Inc.’s software, Customer agrees to be bound by the terms and conditions of the applicable Apple Software License Agreement (available at https://www.apple.com/legal/sla/). 

7.  Pricing for Virtual Concurrent Sessions is based on an expected use for testing in Apple software that does not exceed 50% of Reserved Concurrency. Monthly peak usage of Apple software in excess of this limit may result in a price increase for Reserved Concurrency upon renewal.

Real Devices:  

Access to sequentially shared (i.e., “public”) real mobile devices, or dedicated (i.e., “private”) real mobile devices  procured to Customer’s specifications, made available in the cloud to execute live or automated tests using supported frameworks.

1. These Real Device terms apply to use of the following Services:  Private Device, Device Concurrent Session, Device Concurrent Session-Flex-EU.

2. Device Concurrent Sessions are provided using sequentially shared (i.e., “public”) real mobile devices (a “Public Device”) or dedicated (i.e., “private”) real mobile devices (a “Private Device,” and together with a Public Device, a “Real Device”). Sauce Labs retains ownership of all devices used  to deliver Real Device Services.

3.  The number of Device Concurrent Sessions set forth on the Order Form represents the maximum number of Public Devices reserved for Customer’s simultaneous use at any given time during each month of the Customer’s subscription (“Reserved Concurrency”). 

4.  The number of Private Devices set forth on the Order From represents the number of Private Devices that will be provided to Customer for Customer’s sole use during the term of Customer’s subscription.

5.  If “EU” is indicated on Customer’s Order Form, Device Concurrent Sessions will be provided from Real Devices located in the European Union.

6.  In conjunction with Real Devices, Customer will use certain software (including related support, maintenance, and documentation) developed, owned, or provided by third parties or their licensors. Use of such third party software is subject to Customer’s further agreement to and compliance with all applicable end user terms and conditions.

7.  For any test run on an Apple device (each, an “Apple Test”), Customer represents and warrants that it has an active and valid registered Apple Developer Account under its iOS Developer Program License Agreement with Apple at the time any such Apple Test is run. Customer appoints Sauce Labs as its Authorized Developer (as defined in the Apple Developer Program License Agreement) for the duration of all Apple Tests and understands that Customer is responsible to Apple for all actions Sauce Labs undertakes in connection with each Apple Test.

8.  Sauce Labs makes no commitments or guarantees regarding support for or availability of any particular model of Real Device, operating system, or version thereof. Customer may request any Android operating system version to be installed on Private Devices starting from Android 8.0 or higher provided that the requested Android version is officially supported by the applicable device model. Sauce Labs provides Apple Private Devices with the latest publicly available iOS version. Provisioning of Apple Private Devices with older iOS versions is dependent on availability.

9.  Customer may request a Private Device operating system upgrade any time once the following two conditions are met: (a) the software provider has made the upgrade available and (b) the upgrade has been officially approved for use by Sauce Labs. Operating system downgrades are not possible.

10.  Customer may exchange up to 20% of the Private Devices set forth in an Order Form no more than once each quarter. Sauce Labs will use commercially reasonable efforts to provide the requested device(s) in the Customer’s Private Device fleet within 4 weeks after notification. Exchange requests that increase the average Private Device model / price tier in the Customer’s Private Device fleet may also require Customer to execute a coterminous Order Form to fund the unit price differential and pay the associated invoice on the payment terms set forth in the Agreement or Order Form as applicable.

Sauce Orchestrate:

Access to shared computing infrastructure and containerization technology used to enable execution of automated test scripts and other programs in support of test scripts.

1.  These Sauce Orchestrate terms apply to use of the following Services: Sauce Orchestrate.

2. Sauce Orchestrate is provided using shared computing infrastructure and containerization technology (the “Sauce Orchestrate Container Cloud”) to enable execution of automated test scripts and other programs in support of test scripts. 

3.  Sauce Orchestrate is provided in units, each of which allows Customer to use a maximum of 10,000 minutes of compute resources in the Sauce Orchestrate Container Cloud per month during the term of Customer’s subscription. Unused minutes expire automatically at the end of each month. If Customer’s usage exceeds the total subscribed quantity of minutes (i.e., the number of subscribed units multiplied by 10,000 minutes) in any month, Customer may be invoiced for the number of additional units needed to meet Customer’s total usage for that month.  Such additional units will be priced at 1.5x Customer’s current Sauce Orchestrate unit subscription price.

4.  In conjunction with Sauce Orchestrate, Customer will use certain software and services (including related support, maintenance, and documentation) developed, owned, or provided by third parties or their licensors. Use of such third party software and services is subject to Customer’s further agreement to and compliance with all applicable end user terms, including, without limitation those included in the Google Cloud Platform Terms of Service (located at  https://cloud.google.com/terms) and the Service Specific Terms related to Compute Engine, Google Kubernetes Engine, and, if applicable, Container Registry Service-Docker Hub (each, located at https://cloud.google.com/terms/service-terms).

5.  Use of Sauce Orchestrate requires Customer to store Customer’s container images containing test scripts and other programs in support of test scripts to be used in Sauce Orchestrate in the container image registry supplied by Sauce Labs, or provide Sauce Labs with access to the third-party registry used by Customer to store such container images.  If Customer gives Sauce Labs access to Customer’s third-party registry, Customer is solely responsible for selecting the container images to be provided to Sauce Labs.  

6.  All container images provided by Customer for use in Sauce Orchestrate constitute Customer Data as contemplated in the Sauce Labs Terms of Service.

Sauce Performance: 

Access to front end performance data analytics tools and performance data, in connection with use of subscribed Virtual Concurrent Sessions for automated tests.

1.   Sauce Performance uses only data generated through testing using Virtual Concurrent Sessions and the Chrome browser.

2.  Sauce Performance requires a subscription to Virtual Concurrent Sessions and is not available with Headless Concurrent Sessions.

3.  Pricing for Sauce Performance is a monthly add-on fee per subscribed Virtual Concurrent Session.

IPSec VPN:

Access to an IPSec VPN interface capable of supporting one IPSec VPN tunnel for secure access to Virtual Concurrent Sessions. Requires Customer implementation of a compatible IPSec VPN solution.

1.  IPSec VPN may only be used to access Virtual concurrent Sessions.

2.  IPSec VPN requires Customer implementation of a compatible IPSec VPN solution.

Headless Concurrent Session:  

Access to a supported browser running on Linux in a container made available in the cloud to execute automated tests using supported frameworks.

1.   Provided using computing infrastructure located in North America.

Sauce Visual:

Sauce Visual provides an advanced, asynchronous pixel-by-pixel image comparison solution that integrates seamlessly with existing automation frameworks. Designed to run exclusively on Sauce Labs’ infrastructure (Virtual Concurrent Sessions or Real Devices), it enables efficient visual testing with ignored regions across all desktop and mobile web applications. 

1.   Sauce Visual is provided in units, each of which allows Customer to capture a maximum of 10,000 screenshots per month using the Sauce Visual Interface (each a “Snapshot”). Unused Snapshots expire automatically at the end of each month.  If Customer’s usage exceeds the subscribed quantity of Snapshots (i.e. the number of subscribed units multiplied by 10,000 Snapshots) in any month, then Customer may be invoiced for the number of additional units needed to meet Customer’s total usage for that month. Such additional units will be invoiced at 1.5x Customer’s current Sauce Visual unit subscription price. 

2. Use of Sauce Visual requires a concurrent subscription to either Virtual Concurrent Sessions (VCS) or Real Devices.

API Fortress On-Premises Licensed Install:

A container and key that allows Customer to self-deploy and host the API Fortress Service with all features, including API function testing, monitoring, load testing, and mocking.

None

API Fortress On-Premises User License:

User seat(s) available for Customer’s self-hosted deployment of API Fortress On-Premises Licensed Install.

None.

API Fortress Cloud User License: 

Access to a single paid user account on the API Fortress cloud-based platform, which includes functional testing and monitoring.

1.   API Fortress Cloud platform does not currently support load testing or mocking.

AutonomIQ On-Premises Software License:

AutonomIQ platform deployed on Customer’s virtual private cloud

1.  Minimum term of one (1) year.

2.  Requires a minimum of one (1) AutonomIQ On-Premises User License.

AutonomIQ On-Premises User License:

AutonomIQ named user license for use on Customer’s AutonomIQ On-Premises instance.

1.  Minimum term of one (1) year.

2.  Requires AutonomIQ On-Premises Software License.

AutonomIQ Cloud Software License:

Use of the AutonomIQ SaaS platform hosted on a per seat or per named user basis.

1.  Minimum term of one (1) year

Backtrace:

User Seats available for hosted deployment of Backtrace software solution and access to complimentary online tools and services.

1.  User Subscriptions are required for each unique registered user to the Backtrace platform. User Subscriptions are sold depending on the type of game the user will be debugging. Standard Support is included in the User Subscription.

2.  Unless otherwise set forth on the Order Form, Instances will have a quota of:

1 million monthly errors

90 days retention; and

100GB of storage.

2.  Additional capacity is available either on demand or via pre-purchase.

3.  Support for Backtrace shall be provided in accordance with the Backtrace Support Policy.

TestFairy Private Cloud:

TestFairy Platform deployed on Customer’s virtual private cloud and including application distribution, in-app bug reporting, crash reporting, and an internal app store that connects to the Sauce Labs Real Device Cloud

1.  Provided via a dedicated set of servers specific to Customer.

2.  Use of the TestFairy Private Cloud may require the installation of the TestFairy software development kit (the “SDK”) within Customer’s mobile application (the “Application”). The SDK allows Customer to record video streams or other end user activity within the Application and can be configured by Customer to collect log data, device information, and feedback submitted by an end user (together, the “Incident Data”) to assist with bug and crash identification, analysis, and correction. The Incident Data is collected solely for Customer’s use and is not utilized by Sauce Labs for any other purpose.

3.  If any such Incident Data comprises any Personal Data: (a) the relevant provisions set forth in Customer’s agreement with Sauce Labs are hereby amended as necessary to permit the Customer to so include Personal Data in such Incident Data; and (b) the Sauce Labs DPA is noted to apply in accordance with its terms – together with any SCCs described therein that may apply to any Restricted Transfers(s) (i.e., as and where applicable, the standard contractual clauses approved by the European Commission pursuant to implementing Decision (EU) 2021/914) and/or those same standard contractual clauses as varied by the UK Information Commissioner’s International Data Transfer Addendum to those clauses). 

4.  The TestFairy service is intended to be used to distribute Customer’s Application to end users in a testing capacity only and should not be utilized to distribute Customer’s Application to end users who are not engaged by Customer as testers of the Application.

5.  When Customer’s Application contains the SDK, Customer is required to notify end users, in compliance with applicable law (including Applicable Data Protection Laws), regarding Customer’s Personal Data collection and Processing practices and Sauce Labs’ role and Processing, via the TestFairy SDK, as a (sub-)Processor of Customer with respect to such Personal Data.  Customer is solely responsible for ensuring that such notification, and Customer’s use of the SDK, complies at all times with Customer’s privacy policy(ies), notice(s) or equivalent transparency statement(s) and all applicable laws (including Applicable Data Protection Laws).  

6.  Sauce Labs makes tools available to allow Customer to mask any Personal Data or other sensitive information that may be captured using the SDK – Customer acknowledges that that these tools do not, and are not designed to, render fully ‘anonymized’ (to the standard required by certain Applicable Data Protection Laws, such as the GDPR) any Personal Data to which they are applied.  Customer is solely responsible for utilizing these masking tools and Sauce Labs shall have no liability to Customer or any end user with respect to the effectiveness of these tools or as a result of Customer’s failure to implement or maintain these tools.  

7.  If Customer elects to distribute an Application containing the SDK via any public distribution platform, such as the Apple App Store, Google Play, or similar third-party platform (a “Third Party Distribution Platform”), Customer is solely responsible and liable for continued compliance with such Third Party Distribution Platform’s guidelines and requirements.

8.  The licensing provisions set forth in Customer’s agreement with Sauce Labs are hereby amended as necessary to include the right for Customer to sub-license the SDK for the limited purpose of distributing Customer’s Application via a Third Party Distribution Platform.

TestFairy Enterprise Package:

Use of the TestFairy Enterprise Package with access to the TestFairy SaaS platform hosted on a per seat or per named user basis that includes application distribution, in-app bug reporting, crash reporting, and an internal app store that connects to the Sauce Labs Real Device Cloud

1.  Use of the TestFairy Platform may require the installation of the TestFairy software development kit (the “SDK”) within Customer’s mobile application (the “Application”). The SDK allows Customer to record video streams or other end user activity within the Application and can be configured by Customer to collect log data, device information, and feedback submitted by an end user (together, the “Incident Data”) to assist with bug and crash identification, analysis, and correction. The Incident Data is collected solely for Customer’s use and is not utilized by Sauce Labs for any other purpose.

2.  If any such Incident Data comprises any Personal Data: (a) the relevant provisions set forth in Customer’s agreement with Sauce Labs are hereby amended as necessary to permit the Customer to so include Personal Data in such Incident Data; and (b) the Sauce Labs DPA is noted to apply in accordance with its terms – together with any SCCs described therein that may apply to any Restricted Transfers(s) (i.e., as and where applicable, the standard contractual clauses approved by the European Commission pursuant to implementing Decision (EU) 2021/914) and/or those same standard contractual clauses as varied by the UK Information Commissioner’s International Data Transfer Addendum to those clauses). 

3.  The TestFairy service is intended to be used to distribute Customer’s Application to end users in a testing capacity only and should not be utilized to distribute Customer’s Application to end users who are not engaged by Customer as testers of the Application.

4.  When Customer’s Application contains the SDK, Customer is required to notify end users, in compliance with applicable law (including Applicable Data Protection Laws), regarding Customer’s Personal Data collection and Processing practices and Sauce Labs’ role and Processing, via the TestFairy SDK, as a (sub-) Processor of Customer with respect to such Personal Data.  Customer is solely responsible for ensuring that such notification, and Customer’s use of the SDK, complies at all times with Customer’s privacy policy(ies), notice(s) or equivalent transparency statement(s) and all applicable laws (including Applicable Data Protection Laws).  

5.  Sauce Labs makes tools available to allow Customer to mask any Personal Data or other sensitive information that may be captured using the SDK – Customer acknowledges that that these tools do not, and are not designed to, render fully ‘anonymized’ (to the standard required by certain Applicable Data Protection Laws, such as the GDPR) any Personal Data to which they are applied.  Customer is solely responsible for utilizing these masking tools and Sauce Labs shall have no liability to Customer or any end user as a result of Customer’s failure to implement or maintain these tools.  

6.  If Customer elects to distribute an Application containing the SDK via any public distribution platform, such as the Apple App Store, Google Play, or similar third-party platform (a “Third Party Distribution Platform”), Customer is solely responsible and liable for continued compliance with such Third Party Distribution Platform’s guidelines and requirements.

7.  The licensing provisions set forth in Customer’s agreement with Sauce Labs are hereby amended as necessary to include the right for Customer to sub-license the SDK for the limited purpose of distributing Customer’s Application via a Third Party Distribution Platform.

TestFairy Additional Beta Testers:

Single user license to access either Customer’s TestFairy Private Cloud instance or Customer’s TestFairy Platform account.

1.  Additional User licenses required for each additional beta tester above that number set forth on Customer’s Order Form. 

TestFairy Additional Applications:

Single Android, iOS, PC or Mac application added to Customer’s TestFairy Private Cloud instance or Customer’s TestFairy Platform Account.

1.  Additional application license required for each application above that number set forth on Customer’s Order Form.

TestFairy Private Storage:

Provides Customer ability to host files on a separate cloud storage managed by Customer or by Sauce Labs (at Customer’s option).

1.  Customers who elect to manage their own private storage will be solely responsible for security within their private storage environment.

Credit-Based Plan

Advance purchase of credits (the “Credits”), on a set schedule, which can be utilized to consume various Sauce Labs Services.

1.  Credits allow use of various units of compute power within the Services provided on the Sauce Labs platform.

2.  As a subscriber to a Credit-Based plan from Sauce Labs, Customer is automatically purchasing Credits on a set schedule, as described in Customer’s specific plan. Each Service utilized via the application of Credits is also subject to and governed by the Service-Specific Terms applicable to such Service. 

3.  The cost per Credit (Credits per dollar) and the value per Credit (units of compute power per Credit) are both subject to change from time to time. Current rates for each will always be available on the Sauce Labs website. Without available Credits in their account, Customer will be unable to use the Services available through their Credit-Based Plan.

4.  Credits expire on a fixed schedule. Monthly Credits typically expire after 31 days plus a small grace period. Annual Credits typically expire after 366 days plus a small grace period. Unused Credits at the time of expiration will not rollover and will automatically be removed from Customer’s account.

5.  If Customer uses more than 95% of their available Credits prior to their next renewal and billing date, Customer’s account will automatically be “topped up” with additional Credits using the payment method on file. The amount of Credits an account is topped up with is subject to change, but will be based on the size of Customer’s current Credit Based Plan in dollars. These top up Credits will behave the same as all other Credits, but their expiration date will be 31 days plus a small grace period from the date of top up. A mid-cycle Credit top up does not affect the timing of future renewal and subscription billing dates.

6.  Credits (including “top up” Credits) are non-refundable. Unused Credits expire if Customer’s Credit Based Plan subscription is terminated or canceled for any reason.  Credits do not have any currency value and do not earn interest.

Customer’s subscription will remain active and will automatically renew on a fixed schedule until canceled.  Cancellation must be implemented in Customer’s account page on the Sauce Labs website, and will be effective at the end of Customer’s then current subscription term. 

Prior versions of these Service Specific Terms can be found here:

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