Welcome to QACrow. These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "Customer") and QACrow ("QACrow," "we," "us," or "our") and govern your access to and use of the QACrow website, applications, APIs, and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service. ## 1. Eligibility and Accounts You must be at least 18 years old and able to enter into a binding contract to use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization. You are responsible for the security of your account credentials and for all activity that occurs under your account. Notify us promptly of any suspected unauthorized access. ## 2. The Service QACrow lets you describe quality-assurance test plans in plain English, evaluates those plans with artificial intelligence, and executes them as automated browser tests against the URLs and applications you specify. The Service returns structured results, recordings, and bug reports. Specific features, quotas, and pricing are described in the Service or in an order form, and may evolve over time. ## 3. Acceptable Use You agree not to, and not to permit any third party to: - use the Service to test, scrape, probe, scan, or interact with any website, application, system, or data that you do not own or have explicit, documented authorization to test; - generate excessive load, perform denial-of-service activity, or otherwise interfere with the availability or integrity of any third-party system; - attempt to circumvent authentication, authorization, rate limits, paywalls, CAPTCHAs, or other access controls of any third-party system; - use the Service to collect personal data without a lawful basis, to engage in unlawful surveillance, or to violate any person's privacy or intellectual-property rights; - upload, submit, or generate content that is illegal, infringing, defamatory, sexually exploitative of minors, or that promotes violence, harassment, or discrimination; - reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent applicable law expressly permits; - resell, sublicense, or provide the Service to third parties as a standalone offering, or use the Service to build a competing product; - use automated means to create accounts, evade quotas, or abuse free credits, trials, coupons, or referrals; or - use the Service to develop, train, or fine-tune machine-learning models that compete with the Service. You are solely responsible for the test plans, URLs, credentials, and other inputs you submit, and for ensuring that your use of the Service complies with all applicable laws, contracts, and the terms of service of any system you test. ## 4. Authorization to Test By submitting a target URL or application to the Service, you represent and warrant that you own that target or have obtained all necessary permissions and authorizations to test it using automated tooling. You agree to indemnify and hold QACrow harmless from any claim arising out of your testing of a target you were not authorized to test. ## 5. Customer Content "Customer Content" means the test plans, instructions, screenshots, recordings, results, credentials, and other materials you submit to or generate through the Service. You retain all rights in your Customer Content. You grant QACrow a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and create derivative works of Customer Content solely as needed to provide, secure, and improve the Service, comply with law, and enforce these Terms. We do not use Customer Content to train foundation models. We may use de-identified, aggregated telemetry and usage data to operate, secure, and improve the Service. ## 6. Third-Party Services and Subprocessors The Service relies on third-party infrastructure, model, browser-execution, payment, and email providers (collectively, "Subprocessors") to function. By using the Service you authorize us to transmit Customer Content to those Subprocessors as necessary to deliver the Service. A current list of Subprocessor categories is available in our Privacy Policy. We are responsible for the acts and omissions of our Subprocessors with respect to Customer Content, but we are not responsible for the acts of third-party services that you choose to test or integrate with. ## 7. Credits, Fees, and Billing Some features of the Service consume credits or are billed on a subscription or usage basis. You agree to pay all fees associated with your account in accordance with the pricing in effect when the charge is incurred. Credits are non-refundable, are not redeemable for cash, and may expire as described in the Service. We may change pricing prospectively; changes will not affect already-paid fees for the current billing period. Taxes are your responsibility unless we are legally required to collect them. If a payment fails, we may suspend or terminate your access until the balance is resolved. You authorize us and our payment processor to charge your selected payment method for amounts due. ## 8. Beta Features We may make features available on a beta, preview, or evaluation basis ("Beta Features"). Beta Features are provided "as is," may change or be discontinued at any time, and are excluded from any uptime or support commitments. ## 9. Suspension and Termination We may suspend or terminate your access immediately if we reasonably believe you have violated these Terms, that your use poses a security, legal, or operational risk, or that suspension is required by law. You may cancel your account at any time from within the Service. Upon termination, your right to use the Service ends, and we may delete Customer Content after a reasonable retention period. Sections that by their nature should survive termination will survive. ## 10. Disclaimers THE SERVICE, INCLUDING ALL AI-GENERATED OUTPUTS, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, QACROW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT TEST RESULTS, BUG REPORTS, OR AI EVALUATIONS WILL BE COMPLETE, ACCURATE, OR FREE OF FALSE POSITIVES OR FALSE NEGATIVES. THE SERVICE IS NOT A SUBSTITUTE FOR HUMAN QUALITY ASSURANCE, SECURITY TESTING, OR PROFESSIONAL JUDGMENT. ## 11. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL QACROW OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100). ## 12. Indemnification You will defend, indemnify, and hold harmless QACrow and its affiliates from any third-party claim, damage, liability, loss, cost, or expense (including reasonable attorneys' fees) arising out of or relating to (a) your Customer Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your testing of any system you were not authorized to test. ## 13. Intellectual Property The Service, including all software, models, designs, branding, and documentation, is owned by QACrow and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. We retain all rights not expressly granted. Feedback you provide may be used by us without restriction or compensation. ## 14. Changes to the Service or Terms We may modify the Service and these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-product notification) before the changes take effect. Your continued use of the Service after the effective date of the changes constitutes your acceptance of the revised Terms. ## 15. Governing Law and Dispute Resolution These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-laws rules. Any dispute will be resolved exclusively in the state or federal courts located in Delaware, and you and we consent to the personal jurisdiction of those courts. Each party waives any right to a jury trial. Either party may seek equitable relief in any court of competent jurisdiction to protect its intellectual-property rights. ## 16. Miscellaneous These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between you and QACrow regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. Notices to us must be sent to legal@qacrow.com. ## 17. Contact Questions about these Terms? Contact us at legal@qacrow.com.