1. Our Commitment
TestMu conducts business lawfully and fairly in each country in which it operates. We do not pay bribes, we do not accept them, and we do not allow anyone acting for us to do so. Competitive pressure, customer demand, local custom and commercial incentive are never a justification, and no one at TestMu will be penalized for losing business because they refused to act improperly.
This Statement sets out that commitment for the people and organizations we work with. It summarizes the Anti-Bribery and Anti-Corruption Policy that binds everyone inside the Company and explains what we expect of third parties, what a third party can expect from us, and how anyone can raise a concern. This Statement complies with the U.S. Foreign Corrupt Practices Act of 1977 (FCPA), the UK Bribery Act 2010 and the Prevention of Corruption Act, 1988 (India), and with comparable laws wherever we operate.
2. Who This Applies To
This Statement applies to LambdaTest Inc. d/b/a TestMu, LambdaTest India Pvt. Ltd. d/b/a TestMu and each entity they control. It binds our directors, officers and employees and everyone who acts on our behalf, including contractors, consultants, agents, intermediaries, resellers, distributors, channel partners, suppliers and service providers. We ask each third party we work with to hold itself, and the sub-contractors it uses on our business, to the same standard.
3. What We Prohibit
For the purposes of this Statement, "anything of value" is read widely. It includes cash and cash equivalents, loans, gifts, travel, entertainment, favors, discounts, employment or internships for relatives, charitable donations and political contributions.
No one covered by this Statement may, directly or through anyone else:
- offer, promise, give, request or accept a bribe, kickback or any other improper advantage, or anything of value intended to secure one, whether in cash or in kind;
- make facilitation or "grease" payments to speed up a routine government action, whatever the local custom;
- give or accept a gift, meal, hospitality or entertainment that is intended, or could reasonably be seen, to influence a business decision;
- use a charitable donation, sponsorship or political contribution to obtain or reward an improper advantage;
- hide a personal or financial interest that conflicts with the interests of TestMu or a customer;
- keep false, incomplete or misleading books and records, or leave any payment or receipt undocumented; or
- do indirectly, through a consultant, agent, partner or sub-contractor, anything they could not do directly.
4. Gifts and Hospitality
Business courtesies are part of ordinary commercial life, and TestMu neither offers nor accepts courtesies that are lavish or disproportionate to the occasion. Any gift, meal or hospitality exchanged with TestMu must be modest, infrequent, transparent, given openly, properly recorded on our side, and never offered or accepted at a time when a contract, renewal, tender or approval is under consideration. Cash and cash equivalents, including vouchers and gift cards, are never acceptable in either direction. Our people are required to decline or return anything that falls outside these principles, and we ask third parties not to place them in that position.
5. Government Officials
Dealings with government officials carry the highest risk under anti-corruption law. Nothing of value may be offered or given to a government official, a political party or candidate, or an employee of a state-owned or state-controlled entity on TestMu's behalf without prior written approval under the Company's internal approval process. Third parties who interact with officials on our behalf are held to the same rule.
6. What We Ask of Third Parties
Bribery and corruption risk most often reaches a company through the people who act for it. Before we engage a supplier, partner, reseller or intermediary, and periodically thereafter, we apply risk-based due diligence proportionate to what the third party does for us and where. Third parties that work with TestMu are expected to:
| Expectation | What it means in practice |
|---|---|
| Due diligence | Providing the information we need to assess ownership, reputation, government connections and compliance history under our supplier risk-management process, at onboarding and at renewal. |
| Contract terms | Accepting anti-bribery and anti-corruption clauses in our agreements, including a right for TestMu to audit compliance and to terminate for breach. |
| Written undertaking | Signing the Third-Party Anti-Bribery and Anti-Corruption Undertaking at Annexure A, where required by our due-diligence outcome or the applicable agreement, as a condition of onboarding and continued engagement, and re-confirming it annually on request. |
| Cascading the standard | Applying equivalent standards to any sub-contractor, agent or intermediary used on TestMu business. |
| Notification | Telling us promptly of any suspected breach, any change in ownership involving a government official, and any bribery or corruption investigation or allegation involving the third party. |
| Cooperation | Cooperating with any compliance review or audit on reasonable notice and subject to confidentiality. |
7. Warning Signs
The following are indicators of bribery or corruption risk. Our people are required to escalate them to Legal or Governance, Risk & Compliance before proceeding, and we ask third parties to tell us when they see them in a transaction connected with TestMu:
- requests for payment in cash, to a third country or to an account not in the counterparty's name;
- commissions or fees out of proportion to the service provided;
- refusal to sign the Undertaking or to describe the services performed;
- ownership or employment links to government officials;
- requests to route payments through intermediaries without a clear role; and
- pressure to complete a transaction before due diligence is finished.
8. How to Raise a Concern
Anyone, inside or outside TestMu, may report a suspected breach of this Statement. TestMu prohibits retaliation of any kind against any person who, in good faith, raises a concern, reports a suspected breach or assists an investigation, whether or not the concern is substantiated. Retaliation is itself a breach of the Code of Business Conduct & Ethics and is subject to disciplinary action following investigation. Knowingly making a false report is also a breach.
Concerns may be raised through any of the following channels:
| Channel | Who may use it | Address |
|---|---|---|
| Ethics and whistleblower channel | Anyone, inside or outside the Company, including employees, contractors, customers, suppliers and partners. Reports may be made anonymously where local law permits. Reports may be made anonymously by email. | whistleblower@testmuai.com |
| Human Resources | Employees and consultants, for workplace matters | hr@testmuai.com |
| Customer, supplier and contractor matters | Service, contractual or relationship complaints and governance enquiries. Conduct concerns received here are routed to the ethics and whistleblower channel. | support@testmuai.com |
| Privacy and security | Data protection requests and the Data Protection Officer; security vulnerabilities and incidents | privacy@testmuai.com / security@testmuai.com |
Reports to the ethics and whistleblower channel are received by Human Resources, which may engage Legal, Governance, Risk & Compliance or external advisers. Nothing in this document prevents any person from reporting a concern to a government, regulatory or law-enforcement authority, and no confidentiality obligation owed to the Company restricts such a report.
8.1 What Happens Next
| Step | Stage | What we do |
|---|---|---|
| 1 | Acknowledge | Normally within five business days of receipt, where contact details are provided. |
| 2 | Assess | Severity, scope and any conflict of interest are assessed and the matter is assigned to a team independent of the business area concerned. |
| 3 | Investigate | Evidence is gathered and those concerned are heard. Serious matters and matters involving senior leadership are investigated independently of management and overseen by the Disciplinary Committee. |
| 4 | Conclude | Findings and corrective action are decided, corrective action is tracked to completion and, so far as confidentiality permits, the outcome is communicated to the reporter. |
Reporting, confidentiality, non-retaliation and investigation are governed in full by our Whistleblower Policy, which is published alongside this Statement.
9. Consequences
A breach of the Policy this Statement summarizes by anyone inside TestMu is a disciplinary matter up to and including dismissal. A third party found to have breached it, or to have failed to cooperate with a compliance review, may, subject to the terms of the applicable agreement, have its engagement suspended or terminated and any associated agreements ended. Where the law requires it, we report suspected offenses to the relevant authorities.
10. Governance and Assurance
The Anti-Bribery and Anti-Corruption Policy is owned by the Governance, Risk & Compliance function. It is reviewed by the ISCSC and approved by the Chief Executive Officer on behalf of Executive Leadership. The ISCSC oversees the operation of the anti-bribery framework, which is aligned with the principles of ISO 37001. It is reviewed at least annually and whenever the law or our business changes. Employees are required to complete anti-bribery training on joining and periodically thereafter as part of the Code of Business Conduct & Ethics program. Aggregate outcomes are reported to Executive Leadership and may be made available to customers on request under confidentiality.
Annexure A: Third-Party Anti-Bribery and Anti-Corruption Undertaking
This Undertaking is given by the third party identified below ("Third Party") to the TestMu contracting entity identified in the applicable agreement (LambdaTest Inc. d/b/a TestMu or LambdaTest India Pvt. Ltd. d/b/a TestMu) ("Company", which term includes its affiliates) as a condition of engagement, continued engagement and renewal of services.
1. Definitions
In this Undertaking:
- "Government Official" means any officer, employee or representative of a government or of any department, agency or instrumentality of a government, of a public international organization, or of a state-owned or state-controlled entity; any political party, party official or candidate for political office; and any person acting in an official capacity for or on behalf of any of them.
- "Anything of Value" includes cash and cash equivalents, loans, gifts, travel, meals, entertainment, hospitality, favors, discounts, employment or internships (including for relatives), charitable donations, sponsorships and political contributions, and any other benefit, tangible or intangible.
- "Applicable Anti-Corruption Laws" means the U.S. Foreign Corrupt Practices Act of 1977 (FCPA), the UK Bribery Act 2010, the Prevention of Corruption Act, 1988 (India), and all other anti-bribery and anti-corruption laws applicable to the Third Party, the Company or the activities performed under the applicable agreement.
2. Compliance with Anti-Bribery and Anti-Corruption Laws
The Third Party represents, warrants and undertakes that it complies, and will continue to comply, with Applicable Anti-Corruption Laws.
3. No Engagement in Bribery or Corrupt Conduct
The Third Party represents, warrants and undertakes that it does not and will not engage in bribery, corruption, kickbacks, facilitation payments or the provision of improper benefits. It will not offer, promise, request, provide or accept Anything of Value to improperly influence any act, decision or business advantage, and will not engage in indirect bribery through consultants, sub-contractors, agents, intermediaries or other third parties. The Third Party will impose obligations equivalent to this Undertaking on any sub-contractor, agent or intermediary it uses in connection with Company business.
4. Government Officials
The Third Party represents, warrants and undertakes that it will not provide or offer Anything of Value to any Government Official in order to gain an advantage or influence a decision, and that it will not offer or provide Anything of Value to any Government Official on the Company's behalf without the Company's prior written approval.
5. Books, Records and Transparency
The Third Party undertakes that it will maintain accurate and complete books, records, invoices and supporting documents relating to all dealings with or on behalf of the Company. No false, inflated, misleading or undisclosed account may be created.
6. Notification
The Third Party undertakes that it will promptly notify the Company if it becomes aware of any breach of this Undertaking, if any Government Official or related party acquires ownership, beneficial interest or control in the Third Party, or if any investigation, proceeding or allegation involving bribery or corruption is commenced against it.
7. Compliance Review
The Company, or an independent party acting for it, may review or request evidence of compliance with this Undertaking, and the Third Party undertakes that it will cooperate with any such review or request on reasonable notice and subject to confidentiality.
8. Consequences of Breach
Subject to the terms of the applicable agreement, the Company may suspend or terminate the business relationship if the Third Party breaches any part of this Undertaking or fails to cooperate with compliance verification.
9. Annual Re-Confirmation
The Third Party undertakes that it will provide annual written confirmation of continued compliance with this Undertaking on request.
10. Survival
Clauses 5 to 8, 10 and 11 survive expiry or termination of the applicable agreement.
11. Governing Law
This Undertaking is governed by the law governing the applicable agreement or, where no agreement is in place, by the law of the jurisdiction in which the Company contracting entity is incorporated.
12. Effective Date
This Undertaking is effective from the date signed below and applies to the Third Party's dealings with or on behalf of the Company from that date.
| Field | Entry |
|---|---|
| Third Party name | |
| TestMu contracting entity | |
| Authorized signatory | |
| Title | |
| Signature | |
| Date |