AssureQA Terms and Conditions
Effective Date: 01-Dec-2021
Last Updated On: 10-Jun-2024
These Terms and Conditions (“Terms”) outline the agreement between AssureQA (“We,” “Us,” “Our”) and any individual or entity (“You,” “Your”) who uses or accesses our services and websites, including https://assureqa.io (“Website”). By accessing or using our services, You agree to comply with these Terms. If You do not agree, please cease using our services immediately.
You and AssureQA may be referred to individually as a “Party” and collectively as “Parties”.
1. DEFINITIONS
1.1 “Account” means an account created by You to access and use our services.
1.2 “API” refers to the application programming interfaces provided or licensed by AssureQA to access specific functionalities of the services. 1.3 “Confidential Information” means all information disclosed by one Party to the other marked as confidential or reasonably deemed confidential given the nature of the disclosure. It does not include publicly available information, independently developed information, or disclosures required by law. 1.4 “Documentation” refers to any written or electronic materials provided by AssureQA that explain our services’ functionalities. 1.5 “Fees” means the cost You agree to pay for subscriptions or services. 1.6 “Personal Data” means information that directly or indirectly identifies an individual, such as names, email addresses, and other identifiers. 1.7 “Services” refers to the testing solutions, software, APIs, and tools provided by AssureQA, including updates, integrations, and any associated features. 1.8 “Subscription Term” refers to the period during which You are authorized to use our services under a valid subscription. 1.9 “Third-Party Services” means any third-party software or tools integrated with AssureQA’s services. 1.10 “User” refers to any individual authorized to access or use our services on Your behalf.
2. ACCESS TO SERVICES
2.1 Your Rights
Subject to Your compliance with these Terms, AssureQA grants You a limited, non-exclusive, non-transferable, revocable license to access and use the services during the Subscription Term solely for Your internal business purposes.
2.2 Your Responsibilities
- Account Management: You are responsible for maintaining the confidentiality of Your login credentials and ensuring that each User has a unique account. You may not share or transfer accounts without prior written consent.
- Acceptable Use: You agree not to:
- Reverse-engineer, modify, or create derivative works based on the services.
- Use the services to store or transmit illegal, malicious, or infringing content.
- Use the services for competitive purposes or unauthorized integrations.
- Introduce harmful software, such as viruses or malware.
- Compliance: You are responsible for ensuring compliance with all applicable laws and obtaining necessary permissions from Users to process their data.
2.3 Restrictions
You shall not sublicense, sell, rent, lease, or distribute the services to unauthorized third parties. Any unauthorized use of the services may result in suspension or termination.
3. FEES AND PAYMENT
3.1 Subscription Fees: Fees are determined based on the subscription plan selected by You. Payment is due in full and in advance unless otherwise specified in an order form.
3.2 Late Payments: Late payments may incur interest at 1.5% per month. Failure to pay within 10 days of notice may result in account suspension.
3.3 Taxes: Fees exclude applicable taxes, duties, or levies. You are responsible for any taxes related to the services.
3.4 Refund Policy: Subscription Fees are non-refundable. Partial usage or non-usage of the services does not entitle You to refunds.
4. TERM AND TERMINATION
4.1 Subscription Term: The subscription term is outlined during the subscription process or in an order form.
4.2 Termination by You: You may terminate services if AssureQA materially breaches these Terms and fails to resolve the issue within 30 days of written notice.
4.3 Termination by AssureQA: AssureQA may suspend or terminate services if You violate these Terms or fail to pay fees.
4.4 Effect of Termination: Upon termination, Your access to the services will cease, and we will retain service data for up to 60 days before deletion.
5. INTELLECTUAL PROPERTY
5.1 Ownership: AssureQA retains all rights, title, and interest in the services, including intellectual property rights.
5.2 Your Content: You own the data You upload to the services. By using the services, You grant AssureQA a limited, non-exclusive license to process Your data for service delivery, maintenance, and improvement.
5.3 Feedback: Any suggestions or feedback You provide may be used by AssureQA to improve its services without obligations.
6. CONFIDENTIALITY
Each Party agrees to:
- Protect the other Party’s Confidential Information with reasonable care.
- Use Confidential Information solely to fulfill obligations under these Terms.
Confidential Information does not include publicly available or independently developed information.
7. DATA PRIVACY AND SECURITY
AssureQA will process Personal Data in accordance with applicable data protection laws and our Privacy Policy, which is incorporated by reference into these Terms.
We implement industry-standard security measures to safeguard Your data. However, You acknowledge that no method of transmission is 100% secure.
8. THIRD-PARTY SERVICES
The services may integrate with third-party tools. AssureQA is not responsible for the performance, reliability, or data handling of such third-party services. Your use of third-party tools is subject to their respective terms and conditions.
9. DISCLAIMERS
The services are provided on an “as-is” and “as-available” basis. AssureQA disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. AssureQA does not guarantee uninterrupted access, error-free operation, or specific results from using the services.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, AssureQA’s total liability for any claim arising out of or relating to these Terms is limited to the amount paid by You for the services in the 12 months preceding the claim. AssureQA is not liable for indirect, incidental, special, or consequential damages.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless AssureQA, its affiliates, and employees from any claims, liabilities, or expenses arising from:
- Your violation of these Terms.
- Your misuse of the services.
- Your infringement of any third-party rights.
12. GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of courts located in North Sydney, NSW.
13. GENERAL PROVISIONS
13.1 Force Majeure: AssureQA is not liable for delays caused by events beyond its control, such as natural disasters, technical failures, or governmental actions.
13.2 Assignment: You may not assign these Terms without AssureQA’s written consent.
13.3 Notices: All communications should be sent to:
AssureQA
Address: Level 9, 53 Walker Street, North Sydney, NSW 2060
Email: info@assureqa.io
13.4 Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement between the Parties.
13.5 Survival: Sections related to intellectual property, confidentiality, disclaimers, and limitations of liability will survive termination.
By using AssureQA’s services, You agree to these Terms. If You have questions or concerns, please contact us at info@assureqa.io.
