1. Scope of Agreement
BEFORE USING OUR SERVICES, PLEASE CAREFULLY READ ALL THE INFORMATION CONTAINED IN THIS TERMS OF SERVICE AGREEMENT. BY CREATING AN ACCOUNT, ACCESSING, OR USING OUR SERVICES/SOFTWARE, OR BY CLICKING/TICKING THE CHECKBOX, YOU ACKNOWLEDGE AND AGREE THAT:
YOU HAVE READ ALL THE INFORMATION CONTAINED IN THE PRIVACY POLICY AND TERMS OF SERVICE.
YOU CONSENT AND EXPRESS YOUR AGREEMENT BY CLICKING/TICKING THE CHECKBOX PROVIDED TO INDICATE YOUR AGREEMENT WHEN SIGNING UP TO USE OUR SERVICES.
YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AND PRIVACY POLICY CONTAINED IN THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THE INFORMATION CONTAINED IN THE TERMS OF USE AND PRIVACY POLICY, PLEASE DO NOT CREATE AN ACCOUNT, ACCESS, OR USE OUR SERVICES/SOFTWARE.
If you agree to these terms and register for an account, you affirm that you are an individual customer or a representative of an organization with valid authorization, and you will assume all legal responsibilities accordingly.
2. General Information
QAlify is a product created by ITCGROUP CO., LTD, located at 214 Nguyen Truong To, Tan Thanh, Tan Phu, Ho Chi Minh City, Vietnam.
This QAlify agreement has been drafted and accepted by ITCGROUP CO., LTD (“ITCGROUP”) and you (“Customer”).
The terms of use and privacy policies of ITC Group will not apply to this product, regardless of whether ITC Group has expressly raised objections in a particular case.
These Terms of Service may be unilaterally modified by ITC Group at any time. The customer will receive notification of any changes via email at least two months before the changes take effect or will be notified within the QAlify website. Within four weeks from the date the email was sent, the customer will have the right to object to the changes in writing. If the customer does not object to the changes within four weeks or agrees to the changes, the changes are considered accepted and binding. These legal consequences (including the option to object) will be clearly outlined in the notification email. In the event of an objection, QAlify is entitled to terminate contracts concluded with the customer with a one-month notice period under the old Terms of Service for good cause.
3. Scope of Service
QAlify operates as Software as a Service (SaaS), which means that the product/software is provided to customers over the Internet (i.e., accessible with a web browser). You (the customer) can only access our product if your device is connected to the Internet and has a compatible web browser.
The product/software can be used for managing software testing tasks. Specifically, it allows you to create and manage test cases, execute test runs generated from aggregated test cases, collect test reports, plan testing projects with a test plan, and perform automated testing procedures with test automation. The product/software includes both paid features and a free version with some limitations. We strongly recommend that you read the information carefully before starting to use this product/software. Additionally, you agree to the data management terms outlined in the Privacy Policy.
The product/software may receive continuous updates with new features or bug fixes during its operation, or we may notify you of website/product maintenance. In such cases, we will provide a small notification on the website within the product/software or through email.
4. Account
Before utilizing the features of QAlify, you are required to create a login account through the website at no charge. When you create an account, this signifies your agreement with all the information mentioned in the Terms of Service and Privacy Policy.
When creating an account, you need to provide information about your email address (for the Account Data field) and password details (for the Account Password field). The password information can be customized as per your preference. Each User Account is intended for the use of a single individual, and the Customer is obligated to activate a new User Account for each person using the Software. If you wish to grant access to others to your testing workspace, you may need to subscribe to a suitable package for such usage. Once you have registered an account or granted access to others, both you and the invited individuals must impose the same obligations and duties as stipulated in these Terms.
When you initially create an account and start using it, your account will be automatically identified as a “freemium” account. This is a time-unrestricted usage version. You can fully utilize the features provided for this freemium account without concerns about time limitations. However, a freemium account implies certain restrictions on specific features. These restricted features will be defined in the “Plan Subscription” section. Nevertheless, you can still upgrade your account to suit your personal purposes and usage requirements.
5. Subscriptions
QAlify provides a complimentary workspace for teams of up to 20 members, designed to support your collaboration and project management needs. For teams that exceed this limit, please reach out to: info@qalify.ai to explore custom workspace options and pricing plans tailored to larger groups.
6. Third-party Content
When using QAlify, you can input data into the test cases from third-party sources. However, please be aware that such data must align with the intended operation of QAlify and must not violate any rules specified in these Terms of Service.
7. User’s Obligations
You are only permitted to use the product/software for legitimate purposes, and it must not be misused in any circumstances. Specifically, you shall not use it to store data or information that violates the law, contains copyrighted material, or includes harmful, obscene, or legally inappropriate content. Additionally, you must refrain from posting information that could adversely affect the reputation, credibility, and honor of QAlify.
When registering to use the product/software, you are obligated to adhere to the information outlined in the Terms of Service and Privacy Policy of QAlify.
If we discover your account contains data or information that violates this Agreement, we reserve the right to request that you take full responsibility and comply with our requirements to remove such data. If you fail to comply, we will take necessary actions.
The Customer shall not attempt to change, disassemble, decompile, or reverse engineer the Software, unless it is expressly and mandatorily permitted by applicable law, despite this restriction. The Customer agrees not to try to circumvent any technological protection measures within the Software, Services, or their components for use on different devices.
The customer is responsible for securing their login details, preventing unauthorized access or use of the software, and implementing appropriate technical measures to safeguard their system and perform regular backups.
We have the absolute right to independently adjust, modify, cancel, or delete all customer data if we discover any use of the software that violates the Terms of Service and Privacy Policy.
8. Intellectual property rights
8.1. Limited Authorization
- All intellectual property rights related to the Software, along with any associated 8.1.1. All intellectual property rights related to the Software, along with any associated documentation and additional materials provided by QAlify, are and will remain the property of QAlify or its licensors. These Terms do not, under any circumstances, result in the transfer of any rights to the Customer.
- The Customer is granted a restricted, non-exclusive, non-transferable, and non-sub-licensable right to use the Software, subject to the conditions outlined in these Terms.
Except for registered Users, the Customer is not permitted to offer the Software to third parties for usage, whether for a fee or free of charge. Therefore, the Customer is explicitly prohibited from subleasing the Software. - Without limiting the above, the Customer is expressly prohibited from removing or altering copyright notices, serial numbers, or any other features that serve to identify the Software.
8.2. Customer Content and Logo
- The Customer maintains full ownership of all its intellectual property rights on any data, including but not limited to test-related data, which the Customer uploads, stores, or processes using the Software (“Customer Content”). Unless otherwise stated here, QAlify does not assert any ownership rights over Customer Content.
- The Customer grants QAlify a limited and non-exclusive license to use, reproduce, distribute, modify, adapt, and exploit Customer Content solely to provide the Software to the Customer and the Customer’s use of the Software following these Terms. Apart from the aforementioned, these Terms do not provide QAlify with any licenses or rights to Customer Content, and using the Software does not diminish the Customer’s rights over Customer Content.
- The Customer guarantees and warrants that (a) they possess or have control over the necessary rights to the Customer Content, including any third-party intellectual property; and (b) they will not submit, upload, or make available any Customer Content or materials via the Software that violate their obligations.
- The Customer grants QAlify a limited and non-exclusive license, which is perpetual but can be revoked by the Customer at any time with a 14-day prior notice, to use the Customer’s business logo on QAlify’s Website for showcasing sample customers of the Software in an impartial manner. QAlify is not permitted to utilize the logo for any other purpose. This license is neither transferable nor sublicensable. QAlify hereby acknowledges and accepts this granted right.
8.3. Feedback
- The Customer and its designated users are not obliged to provide feedback, suggest improvements, or offer other recommendations that could enhance the Software or related services (referred to as “Feedback”). Nevertheless, if they choose to do so, the Customer acknowledges and agrees that QAlify is permitted to utilize such Feedback in any manner it deems fit. The Customer hereby permanently conveys, transfers, and confers upon QAlify all intellectual property rights associated with the Feedback, with no restrictions on time, location, or scope. This applies regardless of whether the Feedback is generated by the Customer or any of its designated users (collectively referred to as “Feedback Rights”). The Customer affirms that it possesses the Feedback Rights concerning any Feedback produced by its designated users and is authorized to transfer these rights to QAlify. Additionally, all users have waived any moral rights, revocation rights, or withdrawal rights to the extent permitted by applicable laws.
- QAlify may assign and sublicense the Feedback Rights to any third party. The Feedback Rights encompass but are not limited to, the right to use and exploit the Feedback or any part thereof, including known or unknown uses, current or future developments, and the right to adapt, edit, modify, reproduce, publish, perform, present, distribute, make available to the public, broadcast, translate, enhance, transmit, dispense, reverse engineer, decompile, disassemble, profile, analyze, error correct, sell, or store the Feedback on a permanent or temporary basis. The Customer will not receive compensation for granting the Feedback Rights, apart from the rights granted and the services performed under these Terms. QAlify hereby accepts this grant of rights.
9. Warranty, Limitation of Liability, and Malfunctions
QAlify endeavors to provide the software to the customer with reasonable best efforts. While QAlify will make economically reasonable efforts to ensure the software’s availability is as uninterrupted as possible, we do not provide any warranty or accept liability for the permanent availability of the software or its freedom from errors and bugs. The customer explicitly acknowledges this and understands that it is impossible to eliminate all errors and bugs from the software. In cases where liability cannot be effectively excluded, prioritizing improvements over price reductions or subscription/contract terminations shall apply.
QAlify is not responsible for any direct or indirect damages caused by malfunctions or damage to the customer’s devices. Compensation for consequential damages, such as loss of earnings or lost profits, is entirely excluded, as well as liability for damages due to delays. QAlify is also not liable for loss of savings or damages arising from third-party claims.
QAlify is only liable in cases of malice and gross negligence. If the total damage exceeds the specified amount, claims for damages by individual affected parties are proportionally reduced.
QAlify disclaims liability for data loss or other impairments that may occur, especially during synchronization processes due to disruptions in the customer’s internet connection.
QAlify bears no responsibility for damages and defects resulting from improper usage, insufficient system requirements, altered system settings, modified operating system components, interfaces, and parameters, inadequate organizational measures, application errors, or disruptions in public communication networks. In the unlikely event of a malfunction or service disruption, the customer must promptly notify us with a clear error description to assist in identifying the issue. The customer agrees to cooperate at no cost to rectify any errors. We reserve the right to prioritize and reject bug fixes, feature requests, system improvements, etc., at our discretion. Correcting errors, service disruptions, or malfunctions is contingent upon the customer fulfilling its payment obligations.
Prohibited High-Risk Usage: The software must not be employed in hazardous environments, for military or nuclear engineering purposes, or other applications requiring fail-safe (fault-tolerant) performance unless expressly permitted by Mategra in writing.
In cases of force majeure events such as war, terrorism, natural disasters, fire, strikes, lockouts, embargoes, sovereign interventions, epidemics or pandemics, power supply failures, transport failures, telecommunication network or data line failures, legal changes affecting the software post-contract conclusion, or other unavailability of the software that prevent obligations from being fulfilled in a timely or proper manner, this does not constitute a breach of contract. The customer shall have no claims against QAlify arising from such events.
9. Privacy and Security
QAlify handles Personal Data related to the Customer or users solely following its Privacy Policy, which can be found on the Privacy Policy
The Customer affirms not to upload or otherwise provide any Personal Data (as defined by Decree 13 of The Government of Vietnam – Protection of Personal Data) other than user login details and payment/billing information.
The Customer undertakes to indemnify QAlify against any expenses, penalties, damages, legal actions, lawsuits, or disputes incurred by Testmo due to the Customer’s use of Personal Data in violation of its obligations as outlined in Section 9.2.