Terms of Use
These are the terms that govern our relationship.
Before using Teste de Performance, you must read, understand and agree to these terms.
Last updated: October 25, 2026.
This English version is provided for convenience. If there is any conflict between this version and the Portuguese version, the Portuguese version prevails.
Acceptance of the Terms
This End User License Agreement (“EULA”) is a legal agreement between the licensee (an individual or a legal entity) (the “LICENSEE”) and HOMEM MAQUINA DESIGN E TECNOLOGIA LTDA, a private legal entity registered under Brazilian corporate taxpayer number (CNPJ) 11.168.295/0001-26, headquartered at Rua Gago Coutinho, 6 Casa 24, CEP 22221-070, Laranjeiras, Rio de Janeiro – Brazil (the “LICENSOR”), for the use of the computer program called Teste de Performance, made available by the LICENSOR (the “SOFTWARE”) through the website “testedeperformance.com” (the “Site”), as chosen by the LICENSEE when licensing the SOFTWARE, comprising the computer program and possibly including associated media, any printed materials and any online or electronic documentation. By using the SOFTWARE, even partially or on a trial basis, the LICENSEE is bound by the terms of this EULA and agrees to its provisions, particularly regarding CONSENT TO THE ACCESS, COLLECTION, USE, STORAGE, PROCESSING AND PROTECTION OF THE LICENSEE’S INFORMATION by the LICENSOR, as required to fully provide the features offered by the SOFTWARE. If the LICENSEE does not agree with these terms, the LICENSEE must stop using the SOFTWARE immediately.
In short,
We are based in Rio de Janeiro, Brazil, and by using Teste de Performance you agree to the terms set out here for using our product.
1. Intellectual Property
Neither this agreement nor the use of the SOFTWARE grants the LICENSEE any intellectual property or other exclusive rights, including patents, designs, trademarks, copyrights or any rights to confidential information or trade secrets, nor to any content made available on the Site, including but not limited to text, graphics, images, logos, icons, photographs, editorial content, notifications, software and any other material, in or related to the SOFTWARE or any part of it. The LICENSEE also acquires no rights in or related to the SOFTWARE or any of its components, other than the rights expressly licensed to the LICENSEE under this EULA or under any other agreement mutually executed in writing between the LICENSEE and the LICENSOR. All rights not expressly granted herein are reserved.
All content made available on the Site, including but not limited to text, graphics, images, logos, icons, photographs, editorial content, notifications, software and any other material, is also the exclusive property of the LICENSOR or duly licensed to it.
Reports generated by the SOFTWARE from the LICENSEE’s websites may be freely used by the LICENSEE, including to present them to its own clients, while the LICENSOR retains its rights over the SOFTWARE, its brand and its layout.
In short,
Teste de Performance is owned by Homem Máquina Design e Tecnologia LTDA, which licenses you the right to use it to measure the performance of web pages. The reports about your websites are yours to use, including with your clients.
2. LICENSEE’s Representations
The LICENSEE represents that it is fully aware of the rights and obligations arising from this EULA, which constitutes the entire agreement between the parties, and that it has read, understood and accepted all of its terms and conditions.
The LICENSEE represents that it has been duly informed of the LICENSOR’s confidentiality policy and of the environments used to protect confidential information, personal data and access records, and freely and expressly consents to the collection, use, storage and processing of such information and data.
The LICENSEE acknowledges that acceptance of this EULA, of certain conditions and options, as well as any termination of or changes to this agreement, will be recorded in the LICENSOR’s databases together with the date and time they were made by the LICENSEE, and that such records may be used as evidence by the parties, regardless of any other formality.
The LICENSEE represents that it is responsible for the websites and pages it registers in the SOFTWARE, or that it is authorized by the person responsible for them to test and monitor them.
The LICENSEE acknowledges that, in any event, it must strictly comply with the law, especially regarding its tax, labor and social security obligations, whether primary or ancillary, as well as any others.
In short,
You are responsible for complying with the law, especially your tax, labor and social security obligations.
Only register websites that you own or that you are authorized to test and monitor.
By accepting these terms, you agree to all of their clauses and acknowledge that your data and information will be collected by the LICENSOR and always treated confidentially. You will share with us certain specific information needed for us to provide, through automated features, the best possible experience with Teste de Performance for you, our customer.
3. Software License
Subject to the terms and conditions set forth herein, this EULA grants the LICENSEE a revocable, non-exclusive and non-transferable license to use the SOFTWARE. The LICENSEE may not use, or allow the SOFTWARE to be used, for any purpose other than analyzing the LICENSEE’s own websites or the websites of third parties that have authorized it, such as agency clients. This license does not include the ability to access software other than that originally located in the SOFTWARE. Under no circumstances will the LICENSEE have access to the source code of the licensed SOFTWARE, which is the LICENSOR’s intellectual property.
In short,
We may use this same agreement with many other people. We commit to making available to you all the features you purchased.
4. Restrictions
Under no circumstances may the LICENSEE or any third party:
Copy, assign, sublicense, sell, rent, pledge, reproduce, donate, dispose of in any way, or transfer in whole or in part, in any manner, free of charge or for consideration, temporarily or permanently, the SOFTWARE covered by this EULA, as well as its modules, parts, manuals or any related information;
Remove or alter, in whole or in part, the notices of reserved rights in the SOFTWARE and its documentation;
Reverse engineer, decompile or disassemble the SOFTWARE;
Use the SOFTWARE for load testing, denial-of-service attacks or any volume of requests that could harm the tested website or the LICENSOR’s infrastructure;
Circumvent, by automated means or by creating multiple accounts, the usage limits of the contracted plan or of free usage;
Extract data from the SOFTWARE in an automated way (scraping), outside the export features provided.
In short,
You may not give away, lend, sell or copy Teste de Performance to anyone. You also may not change how Teste de Performance works or try to uncover its technical inner workings. And you may not use the tool to overload websites or create multiple accounts to get around the limits.
5. Term
This EULA takes effect on the date it is accepted by the LICENSEE and remains in force for the term of the Plan purchased by the LICENSEE. This EULA will automatically renew for equal periods unless the LICENSEE expressly states otherwise. This EULA may be terminated as set out below.
In short,
This agreement is valid for the term of the plan you purchased and renews automatically unless you tell us you do not want to renew, but it can be terminated as described below.
6. Fees and Payment
The LICENSEE shall pay the LICENSOR the price of the chosen license plan, at the frequency selected among the payment options offered to the LICENSEE at the time of purchase. Payments are processed by a specialized company (currently Stripe), and the LICENSOR does not store the LICENSEE’s full card details.
If, during the term of this agreement, the LICENSEE chooses another license plan, the amounts will change according to the plan chosen.
Failure to pay any amount by its due date will not automatically terminate this EULA, but will suspend the LICENSEE’s access to the paid features of the SOFTWARE until the outstanding amounts are settled. Access to the SOFTWARE will only be restored after the LICENSOR confirms full payment of all amounts due while access was suspended, which may take up to two business days after the LICENSEE’s payment. If the LICENSEE does not settle the outstanding amount within 90 (ninety) days of its due date, the LICENSOR reserves the right to terminate this EULA and permanently and irretrievably delete all of the LICENSEE’s information stored in the SOFTWARE.
License plan prices set at the time of purchase will be adjusted annually by Brazil’s accumulated IPCA inflation index for the period or, if it ceases to exist, by another official index that replaces it. Plan and add-on prices may change from time to time; if this happens, you will be notified at least 7 days before your next renewal.
In short,
During the contracted term, you will pay us the price of the plan you chose, which we confirm by email. The due date is the purchase date, with a new payment at each renewal of the chosen billing period. Each year we may adjust the price by the IPCA index. Our plan and add-on prices may change; if so, you will be notified at least 7 days before your plan renews.
If you need features you have not purchased yet, you can change your license plan and we will start charging the new price once you switch.
If for any reason you miss a payment, your access to the paid features will be suspended. If you do not settle the outstanding amount within 90 (ninety) days of its due date, we reserve the right to terminate the EULA and permanently and irretrievably delete all of your information stored in Teste de Performance.
7. Return of Information
Once the LICENSEE’s access to the SOFTWARE is suspended, the LICENSOR will keep the LICENSEE’s information stored in the SOFTWARE for 90 (ninety) days from the suspension. During this period, the LICENSOR will make the LICENSEE’s information available for export from the SOFTWARE in .csv format, upon request.
As described in clause 6 above, 90 (ninety) days after the suspension of the LICENSEE’s access to the SOFTWARE, all of the LICENSEE’s INFORMATION held by the LICENSOR, including PERSONAL INFORMATION and ACCOUNT INFORMATION, will be permanently deleted from the LICENSOR’s database, whether or not it has been exported by the LICENSEE.
Notwithstanding the above, records of the date and time of access and of the internet protocol address used by the LICENSEE to access the Site and the SOFTWARE will be kept by the LICENSOR for 6 (six) months from each access, regardless of the end of the legal and commercial relationship between the LICENSOR and the LICENSEE, in compliance with Article 15 of Brazilian Law No. 12,965/2014, and may be kept longer by court order.
In short,
While your access to Teste de Performance is suspended, we will keep your information available. You will have up to 90 days to retrieve the information you added to the system. After that, we will permanently and irretrievably delete it.
Records of the date of your accesses and the IP address used will be kept for at least 6 months from each access, even if the rest of your information is deleted.
8. LICENSEE’s Obligations
The LICENSEE agrees to:
Provide, whenever problems occur with the SOFTWARE, information describing the circumstances in which they occurred, in order to make the work easier and faster;
Maintain, at its own expense, internet access, an email address and other resources needed to use the SOFTWARE and communicate with the LICENSOR;
Make sure it is not prohibited by law and/or contract from providing INFORMATION, or any other data, to the LICENSOR as required to deliver the service offered under this EULA;
Register and monitor only websites and pages it is responsible for or for which it has express authorization, including in the case of agencies serving clients;
Not use the SOFTWARE in any way that may constitute an unlawful act, infringement, violation of rights or harm to the LICENSOR or third parties, including but not limited to breaking into computer devices to obtain, alter or destroy data or information without the express authorization of the owner of such data or of the device or server where they are stored;
Not publish, send or transmit any file containing viruses, worms, trojan horses or any other program that may infect, destroy or interfere with the proper functioning of the SOFTWARE;
Inform the LICENSOR of any change to the INFORMATION provided that could prevent, limit or impair the features offered by the SOFTWARE;
Strictly comply with applicable law and with every legal obligation arising from its activity and from the use of the SOFTWARE;
If the LICENSEE believes its login and password have been stolen or become known to others for any reason, immediately notify the LICENSOR and change its password through the SOFTWARE;
To use the features offered by the SOFTWARE, the LICENSEE should check and stay informed through the Site or by email at [email protected]. Acceptance of this EULA also means acceptance of the product specifications as described on our website.
In short,
Teste de Performance is easy to use, but if you need to contact us for any reason, we may ask some questions and request information to diagnose the issue and help you.
You are also responsible for the information and websites you add to the software and must have the necessary authorization to include them if you are not their owner.
You must not use the software illegally and/or in a way that harms us or third parties (for example, to commit crimes or spread viruses).
You must comply with applicable law and every legal obligation arising from your activity and from your use of Teste de Performance.
9. LICENSOR’s Obligations
The LICENSOR agrees to:
a. Ensure that the SOFTWARE works properly, provided the conditions of use set out in the documentation are observed. If programming errors (“bugs”) occur, the LICENSOR will fix them;
b. Provide access to the SOFTWARE immediately upon acceptance of this EULA and throughout its term;
c. Suspend access to the SOFTWARE for any LICENSEE who violates the rules set out here or applicable law;
d. Change the specifications and/or features of the licensed SOFTWARE to improve it and/or fix errors;
e. Keep the LICENSEE’s PERSONAL INFORMATION and ACCOUNT INFORMATION, as well as its access records, confidential, storing such INFORMATION in a secure environment and respecting the LICENSEE’s privacy, private life, honor and image, in accordance with Brazilian Law No. 12,965/2014 (Brazilian Internet Civil Framework) and Law No. 13,709/2018 (Brazilian General Data Protection Law – LGPD).
In short,
We will deliver the best tool we can, and if problems occur, we will make our best efforts to fix them as quickly as possible.
We may improve the software and release improvements as soon as we have tested them.
We are here to help on business days, from 8:00 a.m. to 5:30 p.m. (Brasília time), at [email protected].
We protect the information and personal data in your account in accordance with Brazilian law, including the LGPD.
10. Service Level
The LICENSOR will use commercially reasonable efforts to keep the SOFTWARE available at least 99% (ninety-nine percent) of each Service Year (as defined below) (the “Service Level Commitment”). If the LICENSOR fails to meet the Service Level Commitment, a LICENSEE on a paid plan will be entitled to a credit equal to 1 (one) month of its subscription, 1/3 (for quarterly plans) or 1/12 (for annual plans) (“Service Credit”). The Service Level Commitment does not apply to free usage.
“Service Year” means the 365 days preceding the date of a service level claim. If the LICENSEE has used the SOFTWARE for less than 365 days, its Service Year is still the preceding 365 days; however, days before it began using the services will be considered 100% available. Downtime occurring before a successful Service Credit claim may not be used for future claims.
The Service Level Commitment refers to access to the SOFTWARE dashboard and not to the execution of each test, availability check or alert, which also depend on third-party services (clause 20). The Service Level Commitment does not apply if unavailability results from (i) power outages or emergency stops of no more than 2 (two) hours, or occurring between midnight and 6:00 a.m. (Brasília time); (ii) factors beyond the LICENSOR’s reasonable control, including force majeure, internet access and related issues; (iii) any acts or omissions of the LICENSEE or third parties; (iv) equipment, software or other technologies used by the LICENSEE that prevent regular access to the SOFTWARE; (v) failures of individual instances not attributable to the LICENSEE’s unavailability; (vi) changes to, limits on or unavailability of third-party services used by the SOFTWARE; (vii) network management practices that may affect its quality.
In short,
If, through our fault, you as a paid customer cannot use Teste de Performance for more than 3 days in a year, we will credit you the equivalent of one month of your plan.
Some Teste de Performance features also depend on third parties, so if those third-party services fail, Teste de Performance is not responsible.
11. Disclaimer of LICENSOR’s Liability
To the extent permitted by applicable law, the LICENSOR is not responsible for:
Operating errors, use by unauthorized persons or any other cause not attributable to the LICENSOR;
Damages or losses resulting from administrative, managerial, technical or business decisions made based on the information, scores, metrics, suggestions or reports provided by the SOFTWARE;
Problems qualifying as “acts of God” or “force majeure”, as provided in Article 393 of the Brazilian Civil Code;
Problems arising from third-party actions that may interfere with the quality of the service;
Damages caused to third parties by content added by the LICENSEE to the SOFTWARE or by reports shared by the LICENSEE;
Changes made by the LICENSEE to its websites based on the SOFTWARE’s suggestions, including any outages, data loss or loss of search rankings;
The ranking of the LICENSEE’s websites on Google, other search engines or artificial intelligence tools, which depends exclusively on those third parties’ criteria;
Any legal violations committed by the LICENSEE, whether tax, labor, social security, criminal or otherwise.
The LICENSOR adopts appropriate, industry-standard security measures to protect the LICENSEE’s INFORMATION stored in the SOFTWARE. However, the LICENSEE acknowledges that no system, server or software is completely immune to attacks and/or intrusions by hackers and other malicious agents, and the LICENSOR is not responsible for any unauthorized deletion, acquisition, use or disclosure of INFORMATION resulting from attacks that the LICENSOR could not reasonably have prevented using such security standards.
In short,
You and the people you authorize can add information to Teste de Performance, so we cannot be held responsible for any damage caused to third parties by the information you or they add to the software, or by reports you share.
Scores, metrics and suggestions help you decide, but the decisions and the changes to your website are yours. We also do not control where your website ranks on Google or in AI tools.
Although we take appropriate security measures to protect your information, Teste de Performance may be targeted by hackers trying to obtain your data. We will not be responsible for attacks that could not be prevented despite all our precautions and efforts.
12. Revocation of Access
The LICENSOR reserves the right to immediately cancel the LICENSEE’s access to the SOFTWARE if the LICENSEE uses the SOFTWARE in a manner other than that set out in this agreement.
In short,
If you use the software in breach of the conditions of this EULA, we may close your Teste de Performance account.
13. Limited Warranties
To the maximum extent permitted by applicable law, the SOFTWARE is provided “as is” and “as available”, with all faults and without warranty of any kind.
Notwithstanding item 9.a above, the LICENSOR does not warrant that the functions of the SOFTWARE will meet your needs, that the operation of the SOFTWARE will be uninterrupted or error-free, that any service will remain available, that defects in the SOFTWARE will be corrected, or that the SOFTWARE will be compatible or work with any third-party software, applications or services.
Performance measurements vary with time, network, location and the simulated device, and may differ from other tools and from each visitor’s real experience. Results are estimates to guide improvements, not expert reports or certifications.
In addition, the LICENSEE acknowledges that the SOFTWARE must not be used, and is not suitable for use, in situations or environments where failures or delays, or errors or inaccuracies in content, data or information provided by the SOFTWARE, could lead to death, personal injury, or serious physical or environmental damage, including but not limited to the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems.
In short,
Despite our efforts to provide a stable product and fix the issues we find, we cannot guarantee that Teste de Performance will work without interruption or that every defect will be fixed. We do not guarantee compatibility with third-party systems or services.
Scores change from one test to the next and may differ from other tools: use them as a reference for improvement.
14. Limitation of Liability
To the maximum extent permitted by applicable law, and without limiting any rights the law grants to consumers, in no event will the LICENSOR be liable for personal injury or any incidental, special, indirect or consequential damages, including without limitation loss of profits, sales, traffic or search rankings, corruption or loss of data, failure to transmit or receive data, business interruption or any other commercial damage or loss, arising out of or related to your use of or inability to use the SOFTWARE, for any reason. Under no circumstances will the LICENSOR’s total liability to the LICENSEE for all damages exceed the amount of the last license plan paid by the LICENSEE to the LICENSOR for this SOFTWARE license.
In short,
We are not responsible for losses and damages resulting from or related to your use of Teste de Performance that are not our fault.
15. Free, Express and Informed Consent to Access Information and Personal Data
By agreeing to use the SOFTWARE, in addition to fully accepting this “EULA”, the LICENSEE freely and expressly consents to the LICENSOR collecting, using, storing and processing its INFORMATION, including its personal and account data, as required to provide the service in full, under Brazilian Law No. 13,709/2018 (LGPD). In addition to consent, processing is based, as applicable, on the performance of this agreement, compliance with legal obligations and the LICENSOR’s legitimate interest in keeping the SOFTWARE secure and improving it (Article 7 of the LGPD).
To this end, the LICENSEE freely and expressly consents to provide the data that allow access to the INFORMATION needed for the SOFTWARE to perform all the functions for which it was designed, including the addresses of the websites to be tested and, if the LICENSEE chooses to connect them, the third-party service accounts described in clause 21.
The LICENSEE consents that, when it accesses the LICENSOR’s website, the LICENSOR may collect technical browsing information, such as the type of browser used, internet protocol address, pages visited and average time spent on the site. This information may be used to guide the LICENSEE and improve the services offered.
The LICENSEE freely and expressly consents that its INFORMATION may be transferred to third parties as a result of a sale, acquisition, merger, corporate reorganization or any other change of control of the LICENSOR. In such cases, the LICENSOR undertakes to inform the LICENSEE.
The LICENSEE freely and expressly consents to the LICENSOR using cookies necessary for the website to work and, subject to the consent given in the cookie notice, cookies to measure audience and browsing on its website and to identify services tailored to the LICENSEE’s profile. The LICENSOR undertakes not to use this information for purposes other than those expressly set out in this EULA and to take all necessary measures to prevent access to and use of such information by any third party without proper authorization.
The LICENSEE may at any time exercise the rights provided for in the LGPD, such as confirmation, access, correction, portability and deletion of its personal data, by emailing [email protected], which is also the contact for the LICENSOR’s data protection officer, or by using the delete account option in the SOFTWARE.
In short,
By accepting our terms of use, you authorize us to process the data needed for Teste de Performance to work, such as your registration details and the addresses of the websites you test.
We use essential cookies and, if you allow it in the cookie notice, analytics and marketing cookies.
You can request access to, correction of or deletion of your data at any time.
16. Termination
The LICENSEE may request a full refund of the amounts paid within 7 days of purchase or as provided in promotional campaigns. After this period, the LICENSEE may only request cancellation of the automatic renewal, which can be done at any time through the SOFTWARE itself or by written notice to the LICENSOR at least 15 days before the next renewal, and must pay any outstanding balance of the license plan purchased. For prepaid license plans, if the LICENSEE decides to terminate this EULA before the end of the contracted term, the LICENSOR will not refund the remaining balance of the license plan (except in promotional campaigns that provide for refunds). This amount will be retained by the LICENSOR to cover operating costs. The same rules apply to add-ons.
The LICENSOR may terminate this EULA at any time by giving the LICENSEE at least 15 (fifteen) days’ written notice, in which case it will refund the LICENSEE any remaining balance of the license plan purchased. This minimum notice period and refund obligation do not apply in the cases set out in clause 12 above or in the event of a breach of this agreement.
The LICENSOR may terminate the EULA at any time if the LICENSEE breaches the terms and conditions agreed herein, or in the event of a payment delay not remedied within 90 (ninety) days, as set out in clause 6 above.
Upon termination of this agreement, the LICENSEE’s personal data and other information will remain available as set out in clause 7 and will be permanently deleted 90 (ninety) days after the termination date. If the LICENSEE deletes its own account through the SOFTWARE, deletion is immediate and permanent, except for records the law requires us to keep.
In short,
Your satisfaction is very important to us. If you feel Teste de Performance no longer meets your needs, we will do everything we can so you do not leave unhappy. But remember: you will only get a full refund if you cancel within 7 days of purchase or as provided by any promotional campaign you are part of. After that, you can cancel the automatic renewal at any time, from the dashboard or in writing, as long as it is at least 15 days before your next renewal. If you cancel your subscription before the end of the term and after the refund period, you are responsible for paying the full amount committed. Before you cancel, please contact us so we can understand why. We will do what we can to keep you as a customer.
17. General Provisions
The LICENSEE may use the SOFTWARE to provide services to its own clients, such as agencies and consultants who track third-party websites, provided that the limits of the contracted plan and the authorizations set out in clause 8 are respected; reselling, sublicensing or offering access to the SOFTWARE itself without the LICENSOR’s prior express authorization is prohibited;
If the LICENSEE develops a new module or product that constitutes a copy, in whole or in part, of either the data dictionary or the program, it will be considered part of the SOFTWARE provided by the LICENSOR, its ownership will be incorporated by the LICENSOR, and its use will be subject to these contractual clauses;
This EULA binds the parties and their successors, and only the LICENSEE holds a non-exclusive license to use the SOFTWARE, being prohibited from transferring the rights and obligations agreed herein. This limitation does not apply to the LICENSOR, which may at any time assign, in whole or in part, the rights and obligations under this EULA;
Either party’s tolerance of the other’s failure to comply with any obligation under this agreement will not constitute novation or waiver of rights. The tolerant party may at any time require the other party to fully comply with this agreement;
Failure to perform the obligations assumed herein due to events beyond the parties’ control, such as acts of God or force majeure under Article 393 of the Brazilian Civil Code, will not constitute grounds for termination;
If any provision of this EULA is held void, voidable, invalid or unenforceable, no other provision of this EULA will be affected, and the remaining provisions will remain in full force and effect as if such provision were not contained in this EULA;
The LICENSEE agrees that the LICENSOR may disclose this agreement for commercial purposes, mentioning the LICENSEE’s name and brand in marketing campaigns while this EULA is in force, and the LICENSEE may revoke this authorization at any time by email. The LICENSEE also agrees to receive email communications about the SOFTWARE and may unsubscribe from marketing communications at any time;
The LICENSEE hereby expressly authorizes the LICENSOR to collect and use, in aggregate form and without identifying the LICENSEE, its technical and operational data in the SOFTWARE for research and improvement of the SOFTWARE;
The LICENSOR may, at its sole discretion, at any time and without prior notice to the LICENSEE:
a. Terminate, modify or suspend, in whole or in part, the LICENSEE’s access to the SOFTWARE when such access or registration violates the conditions set out in this EULA;
b. Delete, in whole or in part, information registered by the LICENSEE that is not in line with the provisions of this EULA;
c. Add, remove or modify the Content offered on the site;
d. Change any terms and conditions of this EULA by notifying the LICENSEE on the Site or by email; material changes take effect 15 (fifteen) days after notice, and a LICENSEE who does not agree may cancel its plan before then without penalty.
The LICENSOR may also, at its sole discretion, suspend, modify or discontinue the SOFTWARE by giving the LICENSEE at least 15 (fifteen) days’ prior written notice and providing ways to export the information from the Site, except in cases of acts of God or force majeure.
The LICENSOR may, by notice to the email address provided by the LICENSEE at registration or by notice on the Site, set prices for certain content and/or services, or change the limits of free usage, even if such services were initially offered free of charge, and continued use after such notice will be deemed acceptance of such prices by the LICENSEE.
The LICENSEE understands and agrees that only the account holder may request that the LICENSEE’s information entered in the Software be deleted. The LICENSEE also acknowledges that once deleted, such information cannot be recovered, and the LICENSOR is exempt from any liability for losses or damages arising from this procedure requested by the LICENSEE.
In short,
We are reinforcing some points already mentioned.
Agencies and consultants may use Teste de Performance to track their clients’ websites, but may not resell access to the tool.
We are so happy to have you as a customer that we want to tell everyone, and under this EULA you authorize us to say publicly that you are one of our customers (you can withdraw this authorization whenever you like).
We may modify or discontinue Teste de Performance at any time, including setting prices for previously free services or changing any term or condition of this EULA. We will let you know about such changes on our website or by email.
Only the account holder may request that the information entered in the Software be deleted. You also acknowledge and agree that once deleted, the information cannot be recovered and Teste de Performance will have no liability for carrying out this procedure.
18. Governing Law
This EULA is governed by and construed in accordance with the laws of Brazil, and the LICENSEE and the LICENSOR irrevocably elect the courts of the City of Rio de Janeiro, State of Rio de Janeiro, Brazil, to settle any questions or disputes arising from this EULA, to the exclusion of any other, however privileged, except for the courts of the LICENSEE’s domicile where the LICENSEE is a consumer under the Brazilian Consumer Protection Code.
In short,
This agreement is subject to Brazilian law, and any legal dispute about Teste de Performance must be resolved in Rio de Janeiro, Brazil, without prejudice to your right, as a consumer, to use the courts of your place of residence.
19. Automated Testing and Monitoring
To run tests, monitoring and availability checks, the SOFTWARE and the third-party services it uses automatically access the pages registered by the LICENSEE, as a visitor would, at the frequency of the contracted plan. These accesses may appear in the tested website’s analytics and logs, and the LICENSEE is responsible for allowing them (for example, in firewalls and bot protection tools).
Email alerts about downtime, slowness or errors are sent on a best-effort basis and may be delayed or not delivered for technical reasons, including spam filters. Monitoring by the SOFTWARE complements, but does not replace, the LICENSEE’s own care for the availability and security of its websites.
The LICENSOR may limit the frequency or volume of tests for an account to preserve the stability of the service and of the tested websites.
In short,
To test and monitor, we automatically visit your pages. Alerts help a lot, but they may be delayed or fail: keep your own safeguards in place for critical websites.
20. Third-Party Services
The SOFTWARE relies on third-party services to work, such as Google’s measurement tools (PageSpeed Insights and Lighthouse), artificial intelligence services (currently OpenAI), payment processing (currently Stripe), email delivery, hosting and, when the LICENSEE connects them, the integrations in clause 21. Only the INFORMATION strictly necessary for each feature is shared with these providers, which process it under their own terms and policies. Some of these providers keep servers outside Brazil; in such cases, international data transfers take place to perform this agreement and with the safeguards provided for in the LGPD (Article 33).
The LICENSOR is not responsible for the unavailability, rule changes, usage limits or discontinuation of these services, which may change or interrupt features of the SOFTWARE.
In short,
We use tools from other companies, such as Google and OpenAI, to measure websites and generate analyses. If they change or stop, some features may be affected.
21. Third-Party Account Integrations (Google Search Console and Google Analytics)
The LICENSEE may, if it wishes, connect its Google account so that the SOFTWARE displays data from Google Search Console and Google Analytics alongside the tests. In that case, access is read-only, authorized by the LICENSEE on Google’s consent screen, and limited to the properties it chooses for each website.
Data obtained from these accounts is used exclusively to show the LICENSEE the metrics and analyses of its own websites within the SOFTWARE, including in AI analyses requested by the LICENSEE. The LICENSOR does not sell this data, does not use it for advertising, and does not transfer it to third parties, except to the providers needed to deliver these features or when required by law. The use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.
Access credentials are stored encrypted. The LICENSEE may disconnect the integration at any time in the SOFTWARE or in its Google account settings; upon disconnection, access is revoked and the LICENSOR stops obtaining new data.
In short,
If you connect Google, we only read Search Console and Analytics data for the websites you choose, to show it to you. We do not sell this data or use it for ads, and you can disconnect whenever you want.
22. AI-Generated Content
Some features of the SOFTWARE, such as summaries, tips and task lists, are generated automatically by artificial intelligence from test results. This content may contain inaccuracies or recommendations that are not suitable for the specific case, and does not constitute technical, legal or marketing advice. The LICENSEE is responsible for evaluating suggestions before applying them.
In short,
AI analyses are a useful starting point, but they can be wrong: double-check before changing your website.
23. Reports and Result Links
Results of tests run without an account and report links can be accessed by anyone who has the address. The LICENSEE is responsible for whom it shares these links and reports with, including when sending or presenting them to its clients.
In short,
Anyone with the link to a result can see it. Share carefully.
24. Definitions
The terms used in this agreement shall be interpreted and used according to the definitions below, in the singular or plural:
ACCOUNT INFORMATION: information and data relating to the LICENSEE’s account in the SOFTWARE, including login, settings, registered websites and pages, test results and, when connected, the authorizations for third-party service integrations.
PERSONAL INFORMATION: any information provided by the LICENSEE that identifies it, such as name, address, date of birth, phone number, email address, document numbers, etc.
INFORMATION: all of the LICENSEE’s information related to PERSONAL INFORMATION and ACCOUNT INFORMATION.
LICENSEE: an individual or legal entity with full legal capacity to contract that accesses the LICENSOR’s SOFTWARE through the website, registers, accepts the terms of this EULA and uses the features offered.
SOFTWARE: the software owned exclusively by the LICENSOR, called Teste de Performance, whose website testing, monitoring and reporting features and services are made available through the website.
Rio de Janeiro, January 3, 2019. Updated October 25, 2026.
Homem Máquina Design e Tecnologia LTDA.
Richard Barros
In short,
Throughout this agreement, the following expressions have the following meanings:
Account information: your login, settings, registered websites, test results and connected integrations.
Personal information: name, address, date of birth, phone number, email, document numbers, etc.
Information: all of your information.
Licensee: you, our customer.
Software: Teste de Performance.
*The “In short” sections provide a brief explanation of the terms of use and have no legal effect.