Terms of Service

1. Our Services

QA and AI provides software quality assurance technology, AI-assisted testing tools, software development services, and related professional services. Our Services currently include:

• QA Analyzer — an automated tool designed to analyze authorized websites and applications for potential UI, accessibility, API, security-related, and other quality findings.
• QAandAI Verify — an AI-assisted quality assurance platform designed to convert requirements into executable tests and facilitate test execution, reporting, defect management, and related QA workflows.
• Custom Build & Deploy — custom software design, development, testing, deployment, and related professional services as agreed with individual customers.

Features may be added, modified, suspended, or discontinued over time.

2. Accounts and Authorized Users

You must be at least 18 years old to create an account. QAandAI Verify accounts may be provisioned for specific users authorized by a customer organization. You agree to provide accurate information and maintain the security of your credentials. You are responsible for activity occurring through your account and must promptly notify us if you suspect unauthorized access. You may not share credentials with unauthorized individuals or attempt to circumvent access controls.

3. Authorization to Test Systems

This provision is particularly important. You may use QA Analyzer, QAandAI Verify, or any QA and AI testing functionality only against websites, applications, APIs, infrastructure, or other systems that you own or have explicit authorization to test. You are responsible for obtaining all permissions required before initiating testing. You may not use the Services to:

• gain unauthorized access to systems or information;
• intentionally disrupt or degrade services;
• perform testing against systems without authorization;
• bypass security controls for an unlawful purpose;
• introduce malicious code;
• conduct unlawful surveillance;
• steal or improperly obtain information; or
• violate applicable law or third-party rights.

4. Acceptable Use

You agree not to:

• misuse the Services;
• interfere with their normal operation;
• attempt to access another user's or organization's information without authorization;
• reverse engineer the Services except where applicable law expressly permits it;
• circumvent authentication, security, usage, or access controls;
• use the Services for unlawful or fraudulent activity;
• use the AI voice assistant to harass, threaten, abuse, or improperly obtain information;
• impersonate another person or organization; or
• use information obtained through the Services in violation of applicable law.

We may suspend or terminate access when we reasonably believe these Terms have been violated.

5. AI-Generated Content

Certain Services use artificial intelligence. AI-generated tests, recommendations, findings, explanations, and other outputs may contain errors, omissions, false positives, or unexpected results. Generated tests should be treated as drafts until appropriately reviewed and approved. You are responsible for reviewing AI-generated output and determining whether it is suitable for your intended use. QA and AI does not guarantee the accuracy, completeness, reliability, or suitability of AI-generated output. You should not rely exclusively on AI-generated output for decisions where errors could result in significant legal, financial, security, regulatory, safety, or operational consequences.

6. QA and Security Findings

QA Analyzer and QAandAI Verify are tools intended to assist quality assurance professionals and development teams. They are not substitutes for a comprehensive penetration test, security audit, accessibility certification, regulatory compliance audit, or professional security assessment. A scan or test may fail to identify vulnerabilities, defects, accessibility problems, API issues, or other conditions. A successful scan or passing test does not mean that a website, application, API, or other system is defect-free, secure, accessible, or compliant with any particular standard or law.

7. Customer Data and Content

You retain ownership of information, requirements, source materials, test data, documentation, and other content that you or your organization provides to the Services ("Customer Content"). You grant QA and AI a limited right to host, process, reproduce, transmit, and otherwise use Customer Content as reasonably necessary to provide, secure, support, and maintain the Services and perform services you request. You represent that you have all rights and permissions necessary to provide Customer Content to us and permit its processing as described in these Terms and our Privacy Policy.

8. Confidential Information

During a business relationship, either party may receive non-public information belonging to the other party. Each party agrees to use reasonable care to protect confidential information and to use it only for purposes related to the applicable Services or engagement. Confidential information does not include information that is publicly available through no breach of an obligation, was lawfully known without confidentiality restrictions, was independently developed without use of the other party's confidential information, or was lawfully received from another source without a confidentiality obligation. If disclosure is legally required, the receiving party may make the required disclosure subject to applicable law. A separate NDA or written agreement may establish additional or different confidentiality obligations.

9. Intellectual Property

QA and AI and its licensors retain all rights, title, and interest in the Services and underlying technology, including software, source code, object code, interfaces, designs, documentation, frameworks, testing methodologies, libraries, templates, workflows, know-how, algorithms, and other pre-existing or independently developed technology. Except for the limited right to use the Services under these Terms, no ownership rights in QA and AI technology are transferred to you. You may not copy, sell, sublicense, distribute, or create unauthorized derivative works from the Services except as expressly permitted by us or applicable law.

10. Custom Development Projects

Custom development, consulting, deployment, or other professional services may be governed by a proposal, statement of work ("SOW"), order form, subscription agreement, or other written agreement. That agreement may specify:

• project scope;
• deliverables;
• milestones;
• pricing;
• payment schedules;
• acceptance criteria;
• support;
• warranties;
• intellectual-property ownership; and
• licensing rights.

Unless expressly stated otherwise in a signed written agreement, QA and AI retains ownership of its pre-existing and independently developed tools, frameworks, libraries, templates, methodologies, know-how, reusable components, and underlying technology. Ownership or licensing of customer-specific deliverables will be determined by the applicable written agreement. If a separate signed agreement conflicts with these Terms concerning a specific engagement, the separate agreement controls for that engagement to the extent of the conflict.

11. Third-Party Services

The Services may interact with third-party platforms, including AI providers, hosting providers, Slack, Jira, GitHub, and other integrations. Third-party services are governed by their own terms and privacy practices. We are not responsible for third-party services outside our reasonable control or for interruptions, modifications, or discontinuation caused by those providers.

12. AI Voice Assistant

Our voice assistant uses artificial intelligence. Before the call begins, users are informed that they will be communicating with an AI system and that the interaction may be recorded. If you do not wish to interact with the AI assistant or potentially be recorded, do not proceed with the call and use another contact method.

13. Pricing and Billing

Pricing information and engagement options may be described on our Pricing page. Fees, payment schedules, renewal terms, taxes, cancellation terms, usage limits, and other commercial terms applicable to a paid engagement may be established in an applicable proposal, SOW, order, subscription agreement, invoice, or other written agreement. You agree to pay fees you have expressly agreed to for Services provided to you or your organization.

14. Service Availability

We work to maintain reliable Services but do not guarantee uninterrupted or error-free availability. Services may be temporarily unavailable because of maintenance, updates, infrastructure failures, third-party providers, network conditions, security events, or circumstances outside our reasonable control. We may modify Services and features as the products evolve.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." QA AND AI DISCLAIMS WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT EVERY SOFTWARE DEFECT, VULNERABILITY, ACCESSIBILITY ISSUE, API ISSUE, OR OTHER PROBLEM WILL BE DETECTED. CUSTOM DEVELOPMENT SERVICES WILL BE PROVIDED IN ACCORDANCE WITH THE APPLICABLE WRITTEN AGREEMENT.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QA AND AI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QA AND AI'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO A PAID SERVICE WILL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER TO QA AND AI FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR A FREE SERVICE, QA AND AI'S AGGREGATE LIABILITY WILL NOT EXCEED $100.

These limitations apply only to the extent permitted by applicable law and do not limit liability that cannot legally be limited or excluded.

17. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless QA and AI and its operator from third-party claims, damages, liabilities, and reasonable costs arising from:

• your unauthorized testing of a third-party system;
• your unlawful use of the Services;
• Customer Content that violates another person's rights;
• your violation of these Terms; or
• your violation of applicable law.

This provision does not require indemnification to the extent a claim results from conduct for which indemnification cannot lawfully be required.

18. Suspension and Termination

We may suspend or terminate access to the Services if you materially violate these Terms, fail to pay agreed fees, create security or legal risk, or use the Services in an unauthorized manner. Upon termination, provisions that by their nature should survive — including intellectual property, confidentiality, disclaimers, limitations of liability, and applicable payment obligations — will survive.

19. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles, except where applicable law requires otherwise. Any separate written agreement with a customer may establish different dispute-resolution or jurisdiction provisions.

20. Changes to These Terms

We may update these Terms as the Services evolve. If we make material changes, we will update the "Last updated" date and may provide additional notice where appropriate. Continued use of the Services after revised Terms become effective constitutes acceptance to the extent permitted by applicable law.

21. Contact Us

Questions regarding these Terms may be directed to:
QA and AI
Operated by THEOLUME TECHNOLOGIES LLC
Miami, Florida, USA
Email: hello@qaandai.com
Website: qaandai.com