The Privacy Policy at
https://www.qaassistant.com/about/privacy governs any personal information you provide to us. By using the Software or Services you agree to the terms of the Privacy Policy.
Export Restrictions
- You acknowledge that the Software is subject to United States export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, and destination restrictions issued by the United States and other governments. You agree to pay any taxes, fees, or fines arising out of your use of the Software or Services in connection with export requirements.
Disclaimers of Warranties
- All Software and Services is provided "as is" and with all faults, with no commitment or guarantee to its functionality, content, reliability, availability, accuracy, or completeness and with only the Warranty specified in this section of these Terms of Use.
- To the maximum extent permitted by law, we disclaim all expressed or implied warranties including:
- Warranties of non-infringement, merchantability, and fitness for a particular purpose.
- The Software or Services will meet your expectations or requirements, be constantly available, be secure, or be error-free; Nor do we warrant that any errors or defects in the Software or Services will be corrected.
- The information the Software or Services create, display, calculate, or otherwise provide will be complete, effective, accurate, or reliable;
- Use of the Software and Services is at your own risk; You are solely responsible for any and all damages which result from the use and access of any Software or Service.
- We do not maintain ITAR approval which may be necessary for military use.
- This Warranty is provided in lieu of any other expressed warranties or similar obligations (if any) created by any advertising, documentation, packaging, agreements, or other communications.
Limitation of Liability and Remedies
- We disclaim any and all liability for any actions resulting from your use of or access to any Software or Services.
- We are not liable to you or anyone else for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of use, loss of profits or confidential or other information, for business interruption, for personal injury or death, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for gross negligence, for intentional misconduct, for breach of contract or warranty, for negligence, for network-related issues, for software "bugs", for errors or omissions, for corruption or misuse of the Software or Services, for security ineffectiveness, or arising from any other claim in connection with your use of or access to the Software or Services) whether or not foreseeable, avoidable, predisposed, or advised or aware of the possibility of damages.
- Our total liability in any matter arising out of or related to these Terms of Use is limited to greater of
- USD $100; or
- The aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability
This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
Indemnity
- By uploading your content to the Software or Services, you assert that you have all necessary licenses and permissions to use and Share your content and to grant the licenses in these terms.
- You agree to indemnify us from any and all claims, loss, damages, or fees in connection with your content, your use of the Software or Services, violations of other contracts arising out of your content or access or use of the Software or Services, or your violation of these terms.
- You are responsible for purchasing any and all insurance required for the purchase, access, and/or use of the Software and Services.
GOVERNMENT LICENSE RIGHTS
- All Software provided to government is provided with the same commercial license rights as stated herein.
Compliance
- We do not review all user-generated content on the Software or Services, but we may use available technologies or processes to screen for content which violates law or other violations of these Terms of Use
- We may access or disclose information about you, or your use of the Software or Services when it is required by law or to respond to your requests for customer service support or when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our licensees, or the public.
APPLICABLE LAW
- All sections of these Terms of Use shall apply to the maximum extent permitted by law
- You are entirely responsible for all activity that occurs via your account including but not limited to content you contribute. It is solely your responsibility to ensure your content and use of the Software or Services is lawful in your location and in the United States. You agree not to use the Software or Services and to notify customer_service@QAAssistant.com immediately of any violation of law.
- QA Assistant is not responsible for any aspect of the any user-generated content including but not limited to its legality, accuracy or professionalism.
- The Software is developed and intended to be in compliance with United States laws. It is your responsibility to ensure your use is lawful in your location.
- You may have other rights in your country; We do not seek to limit those rights where it is prohibited by law.
Dispute Resolution
- For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or We must resolve any claims relating to these terms, the Software, or the Services through Small Claims Court in Maine, United States.
- You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Modification
- We may modify these Terms of Use at any time. It is your responsibility to review these Terms of Use regularly. The date of the most recent modification will be included on this page. By continuing to use or access the Software or Services after the revisions come into effect, you agree to be bound by the revised terms.
- Except as specified within this section, this agreement may not otherwise be amended, modified, or revoked by a third party agreement including, but not limited to, purchase orders, sales agreements, or other terms of use.
ENTIRE AGREEMENT; SEVERABILITY
- These Terms of Use (including any addendum or amendment to these Terms of Use which is included with the Software) is the entire agreement between you and QA Assistant LLC relating to the Software and Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software, Services, or any other subject matter covered by these Terms of Use. If any provision of these Terms of Use is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
- You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
- Our failure to enforce or exercise any of these terms is not a waiver of that section.
- Your purchase order or reference number on an invoice, even if entered by Us, does not indicate Our review of nor express consent to any other agreement. This is the sole agreement between the parties.
- Upon expiration or termination of these Terms of Use, any perpetual licenses you have been granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated herein will survive.
Last updated November 27, 2018*. Replaces the prior version in its entirety.
* February 22, 2024 Updatd link to Privacy Policy