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Terms & Conditions

Contents
  1. 1 · Introduction and acceptance
  2. 2 · Definitions
  3. 3 · The Service and licence
  4. 4 · Accounts and Authorised Users
  5. 5 · Customer Code and runs in your environment
  6. 6 · Evidence, certificates and Output
  7. 7 · Acceptable use
  8. 8 · Third-party services
  9. 9 · Fees, payment and taxes
  10. 10 · Free Tier and beta features
  11. 11 · Intellectual property, feedback and usage data
  12. 12 · Confidentiality
  13. 13 · Data protection
  14. 14 · Warranties and disclaimers
  15. 15 · Indemnities
  16. 16 · Limitation of liability
  17. 17 · Term, termination and suspension
  18. 18 · Changes to the Service and these Terms
  19. 19 · Force majeure
  20. 20 · General

1 · Introduction and acceptance

These terms and conditions (these “Terms”) govern access to and use of the Abloh service. They are issued by Alexandria Limited, a private limited company incorporated in England and Wales with company number 17019665. Alexandria Limited trades as “Abloh”; references to “Abloh”, “we”, “us” and “our” are references to Alexandria Limited.

By creating an account, installing the Abloh GitHub App or otherwise using the Service, the Customer agrees to be bound by these Terms. Where an individual accepts these Terms on behalf of an organisation, that individual confirms they have authority to bind that organisation, and “Customer” refers to that organisation.

The Service is provided for use in the course of business. If the Customer uses the Service as a consumer, nothing in these Terms affects statutory rights that cannot be excluded or limited by agreement. These Terms incorporate the Privacy Policy and, where we process personal data on the Customer’s behalf, the DPA; in the event of conflict concerning the processing of personal data, the DPA prevails.

2 · Definitions

Authorised Users The individuals authorised by the Customer to use the Service under the Customer’s account, up to any number permitted by the Customer’s Subscription.

Customer Code The source code, tests, repositories, configuration and related materials in the Customer’s environment on which the Service operates.

Customer Content Customer Code together with any other data or materials the Customer submits to, or connects with, the Service, including issue tracker data and approval records.

Evidence The structural results generated by the Service, including test results, diff coverage, mutation outcomes, catch rates, timings, findings and release certificates.

Output Suggested tests and other material generated by the Service for the Customer, including as part of Evidence.

Service & Subscription “Service” means the Abloh verification platform, including the Site at abloh.dev, the Abloh GitHub App, dashboards, reports and certificates. “Subscription” means the plan held by the Customer from time to time, including the Free Tier where applicable. “Fees” means the charges stated at the point of purchase or on the pricing page. “DPA” means our Data Processing Agreement.

3 · The Service and licence

Subject to these Terms and to payment of the applicable Fees, we grant the Customer a non-exclusive, non-transferable right for its Authorised Users to access and use the Service during the Subscription for the Customer’s internal business purposes.

We will provide the Service with reasonable skill and care. We may update or improve the Service from time to time, provided that updates do not materially reduce its core functionality during a paid Subscription period. We may carry out scheduled or emergency maintenance, and do not commit to service levels or availability targets unless separately agreed in writing.

4 · Accounts and Authorised Users

The Customer must provide accurate account information and keep it up to date. The Customer is responsible for the acts and omissions of its Authorised Users and for all activity under its account, must keep credentials and access tokens confidential, and must notify us promptly of any suspected unauthorised access.

5 · Customer Code and runs in your environment

Runs execute in the Customer’s own continuous integration environment or on the Customer’s own machine. The Customer authorises the Service to orchestrate runs through the Abloh GitHub App, to execute tests and coverage instrumentation, and to introduce temporary mutations into copies of the changed code within the Customer’s environment for the purpose of measuring test strength.

We do not clone Customer repositories to our infrastructure and we do not store Customer Code at rest. Short source context for surviving mutants is transmitted to our model endpoint solely to produce triage verdicts and suggested tests, as described in the Privacy Policy.

The Customer retains all rights in Customer Content and grants us a non-exclusive licence to process it solely to provide, secure and support the Service. The Customer warrants that it has all rights and permissions necessary to connect its repositories, issue trackers and other systems, to authorise the operations described above, and that its use of the Service will not infringe the rights of any third party. We will not use Customer Content to train or fine-tune machine learning models.

6 · Evidence, certificates and Output

Evidence, including catch rates, verdicts, gate results and release certificates, is generated by automated analysis and is informational only. It records the results of the checks performed. It is not a representation that the Customer’s code is free of defects, that all defects, vulnerabilities or test gaps have been identified, or that any code is fit for release.

The Customer remains solely responsible for its code, for its testing and review processes, and for its decisions to merge, release or deploy software, whether or not those decisions take Evidence into account.

As between the parties, and to the extent we hold any rights in Output, we assign those rights to the Customer on creation or, where assignment is not possible, grant a perpetual, irrevocable, royalty-free licence to use Output for any purpose. Output may be similar to output generated for other customers, and nothing in this clause restricts our provision of the Service to any other person. Certificates may record the names, roles and decisions of the Customer’s approvers; the Customer is responsible for the accuracy of approval records made under its account.

7 · Acceptable use

The Customer must not, and must not permit any person to:

use the Service in breach of applicable law, or on code or data the Customer has no right to use;

copy, modify, reverse engineer or create derivative works of the Service, except to the extent permitted by law that cannot be excluded;

resell, sublicense or make the Service available to third parties as a service bureau, or use the Service to develop a competing product;

circumvent usage limits, probe, scan or disrupt the Service, or introduce malicious code into it; or

publish benchmarks or performance comparisons of the Service without our prior written consent.

We may suspend access where we reasonably believe this clause has been breached.

8 · Third-party services

The Service interoperates with third-party services, including GitHub, continuous integration providers and issue trackers. Those services are governed by their own terms, and we are not responsible for their availability or performance. Changes to third-party services may affect the operation of the Service.

9 · Fees, payment and taxes

Fees are payable in advance for each Subscription period and are processed by our payment provider, Stripe. The Customer authorises recurring charges to its chosen payment method until the Subscription is cancelled. Except as required by law, Fees are non-refundable, and no refunds or credits are given for partial Subscription periods or unused capacity.

Fees are exclusive of VAT and other applicable taxes and duties, which the Customer must pay in addition where chargeable. We may change the Fees on notice; changes take effect at the start of the next Subscription period, and continued use after that time constitutes acceptance. If any amount is overdue, we may suspend the Service on notice until payment is received in full.

10 · Free Tier and beta features

We may make the Free Tier and any beta, preview or early-access features available at our discretion. They are provided “as is”, may be changed, limited or withdrawn at any time, and the reasonable-skill-and-care commitment in clause 3 does not apply to them. Usage limits applicable to the Free Tier are as stated on the Site.

11 · Intellectual property, feedback and usage data

We and our licensors retain all intellectual property rights in the Service, the Site, our models and all improvements to them; no rights are granted to the Customer except as expressly set out in these Terms. If the Customer provides feedback or suggestions, we may use them without restriction or obligation. We may generate and use aggregated, structural usage data that does not identify the Customer and does not reveal Customer Code, in order to operate, secure and improve the Service — this does not permit any use of Customer Content prohibited by clause 5.

12 · Confidentiality

Each party must keep the other’s confidential information confidential, use it only for the purposes of these Terms and protect it with at least reasonable care. This does not apply to information that is or becomes public other than through breach, was already lawfully known to the recipient, is independently developed, or is required to be disclosed by law or a regulator — in which case the recipient will give notice where lawful. This clause survives termination for five years and, in respect of Customer Code, indefinitely.

13 · Data protection

Each party will comply with applicable data protection law. Our processing of personal data as controller is described in the Privacy Policy . Where we process personal data within Customer Content on the Customer’s behalf, the DPA applies and is incorporated into these Terms.

14 · Warranties and disclaimers

We warrant that the paid Service will perform materially as described on the Site and in our documentation. The Customer’s exclusive remedy for breach of this warranty is that we will use reasonable efforts to correct the non-conformity and, if unable to do so within a reasonable period, the Customer may terminate the affected Subscription and receive a pro-rata refund of prepaid Fees for the remainder of the period.

Except as set out above, and to the fullest extent permitted by law, the Service is provided without any other warranty, and all conditions and terms implied by statute or common law, including satisfactory quality and fitness for a particular purpose, are excluded. Without limiting clause 6, we do not warrant that the Service will detect every defect, vulnerability or test gap, that Evidence will be complete or error-free, or that the Service will be uninterrupted or secure.

15 · Indemnities

We will defend the Customer against any third-party claim that the paid Service, used in accordance with these Terms, infringes intellectual property rights enforceable in the United Kingdom, and will pay damages finally awarded or amounts agreed in settlement, provided the Customer gives us prompt notice of the claim, sole control of its defence and settlement, and reasonable assistance. We may, at our option, procure the Customer’s right to continue using the Service, modify the Service so that it is non-infringing, or terminate the affected Subscription and refund prepaid Fees for the unused period. This does not apply to claims arising from Customer Content or from combination of the Service with materials not supplied by us, and states the Customer’s exclusive remedy for infringement.

The Customer will indemnify us against any third-party claim arising from Customer Content or from the Customer’s breach of clause 5 or clause 7.

16 · Limitation of liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.

Subject to that, neither party is liable for loss of profits, revenue, business, goodwill or anticipated savings, for loss or corruption of data, or for any indirect or consequential loss, however arising. Each party’s total aggregate liability arising out of or in connection with these Terms in any 12-month period is limited to the Fees paid by the Customer in respect of that period or, where no Fees have been paid, to £100.

The Customer acknowledges that the Service supports, and does not replace, the Customer’s own testing, review and release processes, and that the Fees reflect the allocation of risk set out in this clause.

17 · Term, termination and suspension

These Terms apply from the Customer’s first acceptance and continue for as long as the Customer holds an account. Paid Subscriptions renew automatically for successive periods until cancelled; the Customer may cancel at any time through account settings, with effect from the end of the current Subscription period.

Either party may terminate immediately on written notice if the other commits a material breach and, where remediable, fails to remedy it within 14 days of notice, or if the other becomes insolvent or subject to any analogous event.

On termination or account closure: access to the Service ceases; the Customer should export any Evidence it wishes to retain before closure; Evidence and account data are deleted in accordance with the Privacy Policy; and accrued rights and remedies are unaffected. Clauses 2, 6, 11, 12, 14, 15, 16 and 20 survive termination. We may suspend the Service immediately where reasonably necessary to address a security risk, unlawful use, a breach of clause 7 or overdue payment, and will restore access once the issue is resolved.

18 · Changes to the Service and these Terms

We may amend these Terms from time to time. For material changes we will give at least 14 days’ notice by email or in-product. If the Customer objects to a material change, it may cancel before the change takes effect; continued use after that time constitutes acceptance. The current version and its effective date are stated at the top of this page.

19 · Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, provided it notifies the other party and uses reasonable efforts to mitigate the effect. This does not apply to the Customer’s payment obligations.

20 · General

These Terms, the Privacy Policy, the DPA and any order or plan selection made through the Service constitute the entire agreement between the parties in relation to the Service and supersede all prior discussions. Neither party relies on any statement not set out in them, save that nothing limits liability for fraud.

The Customer may not assign or transfer these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will continue in force. No failure or delay in exercising a right is a waiver of it. Nothing in these Terms creates a partnership, joint venture or agency. A person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision.

Notices to the Customer may be given to the email address on its account or in-product. Legal notices to us must be sent to info@alexandrialabs.uk and to our registered office.

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, subject to any mandatory right of a consumer to bring proceedings elsewhere. Alexandria Limited (trading as Abloh) · Registered in England and Wales · Company No. 17019665 · info@alexandrialabs.uk

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