It looks like all Beta Apps tested through TestFlight are included in the TestFlight terms and conditions.
https://www.apple.com/legal/internet-services/itunes/testflight/sren/terms.html
Your use of the TestFlight service (“TestFlight”), including any beta testing of any pre-release iPhone, iPad, Apple Watch, and Apple TV applications downloaded through TestFlight (“Beta Apps”), is governed by the following terms and conditions (“TestFlight Terms of Service”).
Topic:
Developer Tools & Services
SubTopic:
Xcode
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