Terms & Conditions

1. DEFINITIONS

1.1 "Agreement" means these Terms and Conditions, together with any Order Forms, Privacy Policy, and applicable exhibits.

1.2 "Qapturs", "We", "Us", "Our" means Qapturs, Inc., the provider of the Test Automation Platform.

1.3 "You", "Your", "Customer", "Subscriber" means the individual or entity accepting this Agreement.

1.4 "Platform" means Qapturs test automation software, including the dashboard, test runner, video recording, API, and all related services.

1.5 "Subscription Plan" means the pricing tier (Free, AI Tester, AI Tester Pro) selected by You.

1.6 "Test Scripts" means the automation code, test cases, and related content uploaded by You.

1.7 "User" means any individual authorized by You to access the Platform under Your Subscription.

1.8 "Confidential Information" means all non-public information disclosed by either party.

2. GRANT OF LICENSE

2.1 Subject to payment of fees, We grant You a non-exclusive, non-transferable, worldwide right to access and use the Platform during the Subscription Term.

2.2 Use is limited to Your internal business purposes only.

2.3 Free Plan users receive limited features as described on the Pricing page, with no warranty or support obligations.

3. RESTRICTIONS

3.1 You shall not:

• (a) Copy, modify, or create derivative works of the Platform
• (b) Reverse engineer, decompile, or disassemble the Platform
• (c) Rent, lease, lend, sell, sublicense, or distribute the Platform
• (d) Use the Platform to store or transmit malicious code, infringing content, or illegal material
• (e) Attempt to gain unauthorized access to other users' data
• (f) Use the Platform to test or attack any system without authorization
• (g) Exceed the usage limits of Your Subscription Plan

4. YOUR RESPONSIBILITIES

4.1 You are solely responsible for:

• (a) The accuracy, quality, and legality of Your Test Scripts
• (b) Obtaining all necessary permissions before testing third-party systems
• (c) Maintaining the confidentiality of Your account credentials
• (d) All activities that occur under Your account
• (e) Promptly notifying Us of any unauthorized access

4.2 You agree to use test credentials and staging environments whenever possible. Production credentials are strictly discouraged.

5. SECURITY & DATA PROTECTION

5.1 We implement industry-standard security measures including:

• AES-256 encryption for stored Test Scripts
• TLS 1.3 for all data in transit
• User isolation across all database records
• Ephemeral container execution for each test run
• Signed, expiring URLs for video access

5.2 However, You acknowledge that no security system is impenetrable. We shall not be liable for unauthorized access to Your data not caused by Our gross negligence.

6. FEES & PAYMENT

6.1 Subscription fees are billed in advance on a monthly or annual basis, as selected.

6.2 All fees are non-refundable except as expressly provided in this Agreement.

6.3 We may change fees upon 30 days' written notice.

6.4 Late payments shall bear interest at 1.5% per month or the maximum permitted by law.

6.5 You are responsible for all taxes, levies, or duties imposed by taxing authorities.

7. FREE TRIAL

7.1 New users may be offered a 14-day free trial of paid features.

7.2 Unless You cancel before the trial ends, You will be automatically charged the applicable subscription fee.

7.3 We reserve the right to terminate free trials at any time without notice.

8. TERM & TERMINATION

8.1 This Agreement commences on the Effective Date and continues for the Subscription Term.

8.2 Either party may terminate for material breach if the breach remains uncured for 15 days after notice.

8.3 Upon termination:

• (a) Your right to access the Platform terminates immediately
• (b) We will delete Your Test Scripts and data within 30 days
• (c) Sections governing Confidentiality, Limitation of Liability, and Survival shall continue in effect

9. INTELLECTUAL PROPERTY

9.1 The Platform, its code, algorithms, and visual interfaces are owned by Qapturs and protected by intellectual property laws.

9.2 As between the parties, You retain all right, title, and interest in and to Your Test Scripts.

9.3 You grant Us a worldwide, royalty-free license to host, copy, and display Your Test Scripts solely to provide the Platform.

9.4 We may freely use any aggregate, anonymized data for improving our services.

10. CONFIDENTIALITY

10.1 Each party agrees to protect the other's Confidential Information with the same degree of care used to protect its own.

10.2 Confidential Information excludes information that:

• (a) Is or becomes publicly available through no fault of the receiving party
• (b) Was rightfully in the receiving party's possession prior to disclosure
• (c) Is independently developed without use of the disclosing party's information

10.3 We may disclose Your Confidential Information to comply with law or legal process.

11. WARRANTY DISCLAIMER

12. LIMITATION OF LIABILITY

12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QAPTURS AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

12.2 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA.

12.3 The limitations in this Section shall apply whether based on warranty, contract, tort (including negligence), or any other legal theory.

13. INDEMNIFICATION

13.1 You agree to indemnify, defend, and hold harmless Qapturs from any claims, damages, or expenses arising from:

• (a) Your Test Scripts or any content You upload
• (b) Your violation of any law or third-party right
• (c) Your use of the Platform against the terms of this Agreement

13.2 We reserve the right to assume exclusive defense of any matter subject to indemnification.

14. THIRD-PARTY SERVICES

14.1 The Platform may integrate with third-party services including Stripe (payments), cloud providers, and analytics tools.

14.2 We are not responsible for the practices or security of third-party services.

15. SERVICE LEVEL

15.1 We target 99.9% uptime for the Platform.

15.2 The following are excluded from uptime calculations: scheduled maintenance (notice provided), emergency maintenance, and force majeure events.

16. GOVERNING LAW

16.1 This Agreement shall be governed by the laws of the State of Delaware, without regard to conflict of laws principles.

16.2 Any legal action shall be brought exclusively in the state or federal courts located in Delaware.

17. MODIFICATIONS

17.1 We may update these Terms from time to time.

17.2 Material changes will be communicated via email or Platform notification.

17.3 Continued use after changes constitutes acceptance of the modified Terms.

18. GENERAL PROVISIONS

18.1 This Agreement constitutes the entire understanding between the parties.

18.2 If any provision is held unenforceable, the remaining provisions remain in effect.

18.3 Neither party may assign this Agreement without the other's written consent, except to an affiliate or in connection with a merger or acquisition.

18.4 No waiver shall be effective unless in writing.

19. CONTACT INFORMATION

For legal or compliance inquiries:

Qapturs, Inc.
Attn: Legal Department
Email: founder@qapturs.com

For general inquiries:

Email: founder@qapturs.com