Terms of Service
Last updated: 30/06/2026 · Version 1.0
These Terms of Service ("Terms") are a binding agreement between MYIA, a société par actions simplifiée registered with the Registre du Commerce et des Sociétés of Paris under number 953 111 689, registered office at 59 rue de Ponthieu, Bureau 326, 75008 Paris, France ("MYIA", "we", "us"), and the entity or person that accepts them ("Customer", "you").
By downloading, installing, accessing or using Heal, you accept these Terms. If you accept on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and "you" and "Customer" refer to that entity. If you do not agree, do not use Heal.
1. Definitions
Capitalised terms have the meanings below.
- "Heal" or the "Solution": MYIA's proprietary quality-assurance platform and applications (including heal.dev and the desktop application), which generate, execute, maintain and analyse automated tests, together with related APIs, AI systems, updates and documentation.
- "Services": the Solution and any related services we make available to you.
- "Plan": the subscription tier, usage limits and pricing you select in-app or that apply to your account.
- "Separate Agreement": any written agreement signed by both parties, or any Master Services Agreement, enterprise agreement or Order Form expressly referencing the Services, entered into between you and MYIA.
- "User": an individual you authorise to use the Solution under your account.
- "Customer Data": data, content, instructions, test plans, files, configurations and other materials you provide or that are collected from your systems or applications in connection with the Services, including test results, logs and telemetry. It excludes MYIA Materials, Aggregated Data, and outputs independently developed by MYIA that are not reasonably reversible to Customer Data.
- "Aggregated Data": data derived from use of the Services (e.g. test plans, page-structure data, screenshots and metadata) that has been irreversibly anonymised and/or aggregated so it cannot reasonably be linked to you or any identifiable individual.
- "MYIA Materials": software, source code, models, algorithms, documentation, templates, interfaces, tools, datasets and other content created, provided or used by MYIA in connection with the Services, excluding Customer Data.
- "Outputs": results generated through the Services, such as test scripts, bug reports and analytics.
- "DPA": the Data Processing Agreement.
- "Privacy Policy": the Privacy Policy.
2. These Terms and other agreements (order of precedence)
2.1. Your agreement with us consists of: (a) any Separate Agreement; (b) these Terms; (c) the DPA; (d) the Privacy Policy; and (e) the Plan details applicable to your account.
2.2. Precedence. If you and MYIA have entered into a Separate Agreement, that Separate Agreement governs your use of the Services, and in the event of any conflict or inconsistency between these Terms and the Separate Agreement, the Separate Agreement prevails in respect of the conflicting provision. In the absence of a Separate Agreement, these Terms (together with the DPA, Privacy Policy and your Plan) constitute the entire agreement between the parties regarding the Services.
2.3. As between these Terms and the DPA, the DPA prevails on data-protection matters. As between these Terms and your Plan, the Plan prevails on the specific commercial terms it sets (fees, limits, term), but not otherwise.
2.4. Any terms you issue (e.g. purchase-order terms) have no effect and are not binding on MYIA unless expressly agreed in writing and signed by both parties.
3. Accounts and Users
3.1. You must provide accurate account information and keep it current, including contact and billing details and your list of active Users. Each User account is personal and must not be shared.
3.2. You are responsible for your Users' use of the Solution and for safeguarding credentials. Notify us promptly of any suspected unauthorised access.
4. Right to use
Subject to these Terms and payment of applicable fees, MYIA grants you a non-exclusive, non-transferable, non-sublicensable right to allow your Users to access and use the Solution during the term, solely for your internal business purposes.
5. Access to your systems
To deliver the Services, you must provide timely, sufficient access to your applications, websites, APIs and test or production environments, and any credentials, tokens or test data required. Delays or restrictions in access may affect performance without liability to MYIA. MYIA will apply industry-standard security measures to credentials and environments you provide.
6. Acceptable use
You must not use the Solution in any way that could harm its performance, security or availability for others. Without MYIA's prior written consent, you must not: (a) use the Solution to build or offer a competing service; (b) rent, sublicense, share, transfer or otherwise make it available to third parties; (c) copy, extract or reuse any part of the Solution other than as permitted; (d) decompile, reverse engineer or create derivative works, except as permitted by law; (e) use the Solution to test or interact with any system you do not own or lawfully control; (f) use it in violation of law; or (g) bypass or compromise security or authentication features.
7. AI features
The Services include features powered by AI systems, including large language models operated by third-party providers (e.g. Anthropic, OpenAI), used to generate and maintain Tests, detect issues and produce Outputs. MYIA does not warrant the accuracy, completeness or suitability of Outputs, and you are solely responsible for reviewing, validating and approving any Outputs before relying on them in production. MYIA contracts with its AI providers on terms that prohibit using it to train their own models. MYIA's AI systems comply with applicable law, including, where applicable, Regulation (EU) 2024/1689 (the AI Act).
8. Data and privacy
8.1. Use, environments and data; no personal data.
(a) Use. You shall use Heal only to test applications and environments that do not contain personal data, preferably dedicated staging, development or test environments seeded with synthetic or test data.
(b) No personal data. You shall not submit, expose, or direct Heal to process personal data, and shall not use Heal on production data containing personal data. Where you test a production environment, you shall ensure that Heal interacts only with test accounts and synthetic data and is not exposed to real personal data.
(c) Warranty. You represent and warrant that the data made available to Heal contains no personal data except where strictly necessary and lawfully provided, and that you have all rights, authorisations and lawful bases necessary to provide it.
(d) Acknowledgement. You acknowledge that Heal is not designed, intended or authorised to process personal data on your behalf, and that you are responsible for ensuring your use of Heal complies with applicable data-protection law. A breach of this Section is a material breach of these Terms.
8.2. Processing on your behalf. Where MYIA processes personal data on your behalf to provide the Services, it does so as your processor under the DPA, which is incorporated into these Terms by reference.
8.3. MYIA as controller. Where MYIA processes personal data for its own purposes (account, billing, usage, security, service improvement and model training), it does so as an independent controller under the Privacy Policy.
8.4. Licence to Customer Data. You retain all rights in Customer Data and grant MYIA a non-exclusive, worldwide, royalty-free licence to host, use, copy, store, display, transmit and modify Customer Data solely to provide, support and improve the Services, including fine-tuning AI models used by MYIA to provide the Services, provided any third-party provider is contractually prohibited from using Customer Data for its own purposes.
8.5. Aggregated Data and model training. MYIA trains and improves its own models only on Aggregated Data, that is data that has been irreversibly anonymised and/or aggregated so that it no longer identifies anyone. MYIA does not use personal data to train its models and applies measures to exclude personal data before training. Together with your warranty in Section 8.1 that the data you submit contains no personal data, this means the training set is not personal data, and its use forms part of the Services you receive. MYIA owns Aggregated Data and may use it for any lawful business purpose, but will not use it to train any publicly available or general-purpose AI model not exclusively operated by MYIA.
8.6. Return and deletion. On request within 30 days after termination, MYIA will make Customer Data available in a commonly used machine-readable format; thereafter MYIA may delete it unless legally required to retain it.
9. Plans, fees and payment
9.1. You agree to pay the fees for your Plan. Unless a Separate Agreement or Order Form states otherwise, fees are charged in advance for the Plan period via our payment processor (or by invoice where agreed, payable within 7 days).
9.2. Late payment. Overdue undisputed amounts accrue interest at the European Central Bank base rate plus 10%, plus a €40 recovery charge (with further reasonable costs claimable on evidence). We may suspend the Services for non-payment.
9.3. Taxes. Fees exclude taxes (VAT, etc.), for which you are responsible, except taxes on MYIA's income or property.
9.4. Disputes. Dispute an invoice in writing within one month, with reasons; pay the undisputed portion by the due date.
9.5. Price changes. We may revise pricing effective from your next renewal, on prior notice.
10. Intellectual property
10.1. Each party retains its background IP. All rights in the Solution and MYIA Materials remain MYIA's or its licensors'. Nothing grants you rights in MYIA's background IP except the rights expressly stated here.
10.2. Feedback you provide may be used by MYIA without restriction or obligation and is not your confidential information.
11. Confidentiality
Each party will protect the other's non-public information disclosed under these Terms with at least reasonable care, use it only as needed for the Services, and limit access to those bound by confidentiality. This does not apply to information that is public, already known, independently developed, lawfully received, or required to be disclosed by law (with notice where permitted). These obligations last two years after termination (and, for trade secrets, as long as they remain such). If a separate NDA is in force, it governs instead.
12. Warranties and disclaimer
12.1. During the term, the Solution will operate in substantial conformity with its documentation. This does not cover issues caused by factors outside MYIA's control, misuse, Customer Data, your systems, or third-party software. Your sole remedy for breach is for MYIA to use reasonable efforts to correct the non-conformity; failing which, either party may terminate and you receive a refund of prepaid fees for the unused, affected portion.
12.2. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYIA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYIA does not warrant that the Services or Outputs will meet your requirements or be uninterrupted, error-free or fully secure. You must review and validate Outputs before production use.
13. Liability
13.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYIA IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OR CORRUPTION OF DATA.
13.2. MYIA'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT.
13.3. Nothing limits liability that cannot be limited by law, or for death or personal injury, gross negligence or wilful misconduct, or breach of confidentiality.
14. Indemnification
14.1. You will defend and indemnify MYIA against claims arising from your Customer Data, your use of the Services in violation of law or these Terms, or any claim that your Customer Data infringes third-party rights.
14.2. MYIA will defend you against third-party claims that the Solution infringes their IP rights, and pay resulting awards or settlements, provided you promptly notify us, cooperate, and let us control the defence. This excludes claims arising from misuse or from use with non-MYIA products. MYIA may procure rights, modify the Solution, or terminate and refund unused prepaid fees.
15. Term, suspension and termination
15.1. Term. These Terms apply while you use the Services. Your subscription runs for the Plan period you select and renews automatically unless cancelled before renewal, unless a Separate Agreement provides otherwise.
15.2. Suspension. MYIA may suspend access, without liability, for material or repeated breach not remedied after notice, or where it reasonably suspects use that violates these Terms or law or threatens the security or availability of the Services. Suspension does not relieve payment obligations.
15.3. Termination. Either party may terminate for material breach not cured within 30 days of notice. On termination, you must stop using the Solution and pay amounts due (except where you terminate for MYIA's material breach).
15.4. Survival. Provisions on IP, confidentiality, warranties, liability, indemnification, data, and any provision intended to survive, continue after termination.
16. Changes to the Terms or Services
The Services evolve and we may update them and these Terms, including for legal changes. We will notify you of material changes at least one month before they take effect. If a change materially and adversely affects you, you may terminate the affected subscription before it takes effect; this does not apply to changes required by law or that do not materially alter core features.
17. General
17.1. Relationship. No agency, partnership or joint venture is created.
17.2. Subcontracting. MYIA may engage subcontractors (e.g. for review, validation, support) but remains responsible for their performance and ensures they are bound by equivalent confidentiality and data-protection obligations.
17.3. Assignment. You may not assign these Terms without MYIA's consent; MYIA may assign to an affiliate or in connection with a corporate transaction.
17.4. Severability / waiver. If any provision is unenforceable, the rest remains in effect.
17.5. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (Article 1218 of the French Civil Code); if it lasts over 30 days, either party may terminate the affected Services.
17.6. Notices. Notices to MYIA go to its registered address, copy to contact@heal.dev; notices to you may be given in-app or to your account email.
17.7. Commercial reference. MYIA may identify you as a customer (name and logo) as a general reference; other promotional uses require your prior approval.
17.8. Governing law. These Terms are governed by French law, without regard to conflict-of-law rules and without prejudice to mandatory consumer protections where you act as a consumer.
17.9. Disputes. The parties will first attempt to resolve any dispute amicably; failing resolution within 30 business days, it is submitted to the courts of Paris, France, subject to any mandatory rules applicable to consumers.
17.10. Electronic acceptance. You agree these Terms may be accepted electronically and that records of acceptance (version, timestamp, identity) constitute valid evidence of agreement.