Terms of Service

Provider and customers

TestFirst is operated by Harro Krog as an Einzelunternehmen in Germany. These Terms govern the TestFirst website, account, idea-validation service, waitlist and landing pages, ad campaigns run on your behalf, one-time purchases, and custom quotes.

TestFirst is intended for founders, creators, and businesses acting for professional or commercial purposes. If mandatory consumer protection law applies to you, these Terms do not limit rights that cannot legally be limited.

If you conclude a contract with TestFirst for a business, trade, freelance, or professional purpose, you confirm that you act as an entrepreneur within the meaning of Section 14 BGB and not as a consumer within the meaning of Section 13 BGB.

What TestFirst does

TestFirst helps you validate demand for an idea before you build it. A test may include turning your idea into UGC-style ads, building a waitlist or landing page, distributing the ads to real people through advertising platforms, measuring the response, delivering a go / no-go verdict, and handing you the waitlist and the shared Slack channel the test ran in.

TestFirst is a validation and marketing service, not a guarantee of outcomes. A test measures how strangers respond to an ad and offer; it does not prove that a finished product will succeed, sell, or comply with any law. You remain responsible for your idea, business model, pricing, content, legal compliance, and the decision to build or not build.

TestFirst is not a law firm, tax advisor, accountant, payment institution, advertising platform, or business-success guarantor. Ad distribution depends on third-party advertising platforms that make their own approval, delivery, and pricing decisions.

Orders, scope, and what is included

The plan you buy at checkout, together with any invoice, quote, or written order form, defines the specific test for your idea, including the number of ad creatives produced, the ad spend placed behind them, turnaround expectations, and what you receive back.

Work outside the purchased scope — additional creatives, additional ad spend, extra ideas, redesigns, new angles, or a repeat test — requires a new purchase, written quote, or separate order form. Each idea or test is scoped and billed on its own unless an order form says otherwise.

Side agreements, scope changes, discounts, and special commitments should be confirmed in text form. TestFirst may refuse to treat informal calls or chats as binding changes unless TestFirst confirms them. Customer purchase terms, procurement terms, or counterterms do not apply unless TestFirst expressly accepts them in writing.

Creatives, distribution, and results

TestFirst produces the ad creatives and campaign structure using its own judgment based on your idea and brief. Creative direction, ad angles, and the number of variations tested are part of the service, not open-ended revision work; a request that changes the approved direction or adds new work can be treated as new scope.

Ad spend stated in a plan is the amount placed on advertising platforms for that test and is used to distribute the ads. Ad platforms control actual delivery, reach, cost per result, and audience, and results depend on the idea, offer, market, and platform behavior. Unless stated otherwise, ad spend is included in the plan price for the amount shown; larger spend or additional ideas are billed separately.

A verdict, audience breakdown, or result summary is TestFirst's good-faith read of the campaign data. Data may be delayed, incomplete, estimated, sampled, or affected by privacy settings, consent, ad-platform rules, and third-party outages. You should not treat a verdict as the sole basis for financial, legal, tax, or operational decisions.

Waitlist and handoff

The waitlist captured during a test, and the shared Slack channel the test ran in, are yours to keep as described in your plan. Once handed over, you are responsible for that data and for how you contact and process the people on it.

You must tell waitlist respondents how you will use their data, honor their rights and unsubscribe requests, and only use the waitlist for the purpose they signed up for. TestFirst is not responsible for how you use the waitlist after handoff. Where required, the parties should put a data processing agreement in place for any period TestFirst processes respondent data on your behalf.

Customer responsibilities

You must provide an accurate idea description, lawful materials, valid approvals, and timely feedback and access needed to run the test. You must review deliverables and tell TestFirst promptly if something is wrong, missing, or not approved.

You must not ask TestFirst to advertise or validate deceptive, illegal, infringing, abusive, privacy-invasive, unsafe, or platform-violating offers. You are responsible for the legality of your idea, claims, trademarks, imagery, and any promises made in the ads or on the waitlist page, and for industry-specific compliance if your idea involves health, finance, children, gambling, or other restricted categories.

You are responsible for keeping your own copies of deliverables, exports, and the waitlist. If you delay feedback, approvals, or access, TestFirst may pause timelines, reschedule the test, or treat resulting delays as outside its control.

Third-party platforms

TestFirst relies on advertising platforms, hosting, payment, email, database, and communication providers to deliver the service. TestFirst remains responsible for its own service work but is not responsible for independent platform decisions, ad rejections, outages, policy changes, account suspensions, delivery, or pricing changes of third-party providers outside its control.

If a required platform rejects, restricts, or removes an ad, account, or campaign, TestFirst may adjust the creative or approach within the purchased scope, but does not guarantee that any specific platform will approve or deliver a campaign.

Intellectual property

You keep ownership of your idea, brand assets, content, and materials you provide. You give TestFirst permission to use those materials to run the test, produce ads, and support your account. You represent that you have the rights to all materials, claims, and instructions you provide.

Unless a written order form says otherwise, the deliverables specific to your test — such as the produced ad creatives and the waitlist — become yours after TestFirst has received all amounts due for that test. TestFirst keeps ownership of its pre-existing templates, reusable components, internal tools, workflows, and know-how.

Billing and refunds

Tests are sold as one-time purchases at the price shown at checkout or on an invoice. Fees are due as shown and are handled through Stripe or another stated payment provider.

Unless required by law or agreed in writing, fees are non-refundable once work on a test has started, ad spend has been committed, or a test has been delivered. Because a large part of the cost is real ad spend and production placed on your behalf, that portion cannot be recovered once committed. Chargebacks, failed payments, or unpaid invoices may lead to paused or withheld work and delivery.

You may set off, withhold, or reduce payment only for claims that are undisputed, finally established by a court, or legally inseparable from the invoice you are disputing. This does not limit mandatory statutory rights.

Acceptable use and refusal rights

You may not use TestFirst to create or support illegal, deceptive, harmful, infringing, abusive, discriminatory, privacy-invasive, spam, malware, impersonation, or platform-evading activity.

TestFirst may refuse, pause, or terminate work if a request creates legal, privacy, security, reputational, payment, platform, or operational risk, and may preserve records or cooperate with lawful requests where required.

Force majeure and third-party outages

TestFirst is not responsible for delay or failure caused by events outside reasonable control, including advertising-platform outages or policy changes, hosting or payment-provider outages, ad-review delays, internet or power failures, security incidents, illness, government action, legal restrictions, natural events, or other force majeure events.

If such an event affects a test, affected timelines are extended for the period of disruption plus a reasonable restart period, and TestFirst may pause, reschedule, or adjust affected work where continuing would be unsafe, unlawful, or commercially unreasonable.

Liability

Nothing in these Terms limits liability where liability cannot legally be limited, including liability for intent, gross negligence, injury to life, body, or health, mandatory product liability, or mandatory consumer rights.

To the extent permitted by law, TestFirst is not liable for indirect damages, lost profits, lost revenue, lost data, loss of goodwill, business interruption, third-party platform decisions, customer-provided materials, or claims caused by instructions or materials you provide.

To the extent permitted by law, TestFirst liability for ordinary negligence is limited to foreseeable, contract-typical damages. Any specific liability cap or B2B liability structure should be reviewed by a German lawyer before use.

Indemnity for customer-caused claims

To the extent permitted by law, you agree to reimburse TestFirst for losses, costs, reasonable legal fees, and claims caused by your unlawful instructions, customer materials, missing rights, false or misleading claims in your ads or offer, privacy violations, platform violations, or breach of these Terms.

Changes, termination, and governing law

TestFirst may update these Terms as the service changes. Continued use after an update means you accept the updated Terms, unless mandatory law requires a different process.

You may not assign or transfer your contract, account, or rights under these Terms without TestFirst consent, unless mandatory law gives you that right. TestFirst may assign these Terms to a legal successor or an acquirer of substantially all relevant business assets.

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), except where mandatory consumer protection law says otherwise. If you act as a merchant, legal entity under public law, or special fund under public law, Hamburg, Germany is the place of jurisdiction to the extent permitted by law. Any mandatory jurisdiction, consumer, data protection, or platform rules remain unaffected.

Severability

If any provision of these Terms is invalid or unenforceable, the remaining provisions remain effective. The parties should replace the invalid or unenforceable provision with an effective provision that comes closest to the economic purpose of the original provision, where legally permitted.