QA Sphere

Terms of Use

Last updated: 27 September 2024

These Terms of Use ("Terms") are entered into between you and Hypersequent DMCC ("we", "us", "our", "Company") and set forth the legally binding terms and conditions that apply to you when you access and use our website and application https://qasphere.com/.

Please read these terms carefully. By accessing or using the website, the application, and the services, you agree to be bound by (1) these terms and (2) our Privacy Policy. If you do not agree with these terms, please do not use our services. The headings contained in these terms are for reference purposes only.

1. General

1.1 Definitions

"Website" shall mean the website https://qasphere.com/ and its subdomains.

"Application" shall mean the QA Sphere web application that can be accessed using the Website.

"Platform" shall mean the Website and the Application.

"Visitor" shall mean a person who visits the Website without creating an Account.

"Customer" shall mean a person who uses the Application through a registered Account.

"User" shall mean a person engaged by the Customer to use the Application within the Customer's Account.

"Account" shall mean a Customer's account on the Platform using which the Customer can access and use our Services.

"Payment System" shall mean a funds transfer system that provides the ability to make payments.

1.2. Eligibility

By using the Platform, you hereby declare, confirm, and warrant that:

  • You have read, understand, have the legal capacity to and hereby agree to be legally bound by and to comply with these Terms in full;
  • You are 18 years of age or older;
  • According to your local jurisdiction, you are eligible to enter into these Terms and have no restrictions to use the Platform;
  • You will comply with these Terms and all applicable laws and regulations;
  • You have the right and permission to accept these Terms on behalf of any legal entity you are using the Platform and the Services for, and to bind that entity to the terms and conditions set forth herein.

Changes and Revisions

We reserve the right to update, modify, change, or replace these Terms at any time and at our sole discretion. The new version of the Terms comes into force from the moment it is placed on the Platform.

We will make reasonable efforts to inform you in advance of any material changes, but it is your responsibility to review the Terms from time to time and keep yourself updated. Your further use of the Services after any changes and (or) additions to the Terms are made shall constitute your consent to such changes and (or) additions.

If you refuse to accept changes to the Terms, you should not visit the Platform and use the Services. In this case, you undertake to delete your Account and terminate your use of the Platform.

2. Account

2.1. Account Registration and Profile Data

To register an Account, you must complete a sign-up form available on the Website. Please read our Privacy Policy to learn more about how we handle your personal data. Creating an account is free and requires your email verification by following the link we send.

You agree to provide reliable, complete, and accurate information during Account registration and keep your data current and complete. You are obliged to make appropriate changes to the Account information within a reasonable period of time after your data changes (e.g., email address). We reserve the right to change the registration form and add new fields and, accordingly, require you to provide additional information to keep your Account active.

2.2. Access to the Account

It is your responsibility to keep your login information private. Giving third parties access to your Account information is prohibited. Any actions you take on the Platform with your login credentials are regarded as being taken by you. If you violate the confidentiality of your Account, we won't be responsible for any losses or damages. You also commit to promptly informing us of any unauthorized use of your Account or security breach.

2.3. Account Deletion

You can delete your Account at any time by sending us an appropriate request via the contact email address or through the form available on the Platform.

We reserve the right to close your Account or suspend your Access to the Account and/or Services if you violate these Terms and/or law requirements.

3. Services

3.1. Functionality

We provide you with the Platform's functionalities (the “Services”), allowing you to create, moderate, and manage your quality assurance process.

As the Visitor, you may familiarize yourself with all the content of the Website, which is available without registration, subscribe to our latest news and articles mailing, and register your Account via the sign-up form.

As the Customer, when you access the Application via the Account, you have complete access to the main Platform's features and Services, namely, you become able to use the QA Sphere Application for:

  • managing your test cases and projects;
  • engaging other Users to use the Application with a certain set of permissions;
  • creating, managing, and assigning test runs;
  • filing bug reports via the Application’s issue tracker;
  • entering your data, exporting and importing it with the Application’s tools;
  • tracking the testing process progression;
  • accessing other available features.

When you use the Application as the User, you can use any functions provided to you by the Customer according to the assigned role.

At our discretion, we have the right to occasionally alter the Services’ scope and to stop providing some of their features, either permanently or temporarily. We also do all in our power to promptly notify you of any changes. The Services can only be accessed during the trial period or if you have paid temporary access to the Services (hereinafter — the “Subscription”). We also set the specific limitations according to the prepaid plan, please see the plans section on the Website for details.

3.2. Trial Period

We offer a 30-day free trial period during which you can use the full functionality of the Application (hereinafter — the “Trial Period”). The Trial Period automatically starts when you complete Account registration on the Website.

The Trial Period includes limitations provided for the Starter plan, please see the plans section on the Website for details.

If, after the expiration of the Free Trial period, you have not upgraded to the paid Subscription, your access to the Service shall be suspended, and your Account shall be deleted after 30 days following the suspension.

If QA Sphere at the moment of the Trial Period expiration offers a Free Plan (see 4.5), and your account is within the Free Plan limit, your account could be transferred to the Free Plan.

3.3. Lawful Use

By using the Platform and/or Services, you consent to abide by all applicable local, state, federal, and international laws and regulations, as well as these Terms. You guarantee that your use of the Platform and/or Services does not violate the intellectual, privacy, or other rights of third parties.

All of your actions on the Application and while using the Services are your responsibility. If you use the Application and/or Services illegally, we are not and will not be held accountable. Any fraudulent, abusive, or unlawful behavior could result in the termination of the Account or the suspension of your ability to use the Services.

You shall monitor and keep Users’ access to the Application up-to-date, which includes removing inactive or irrelevant Users.

3.4. Prohibited Use

By using the Platform and/or Services, you agree not to (nor attempt to):

  1. engage in any activities related to the Platform and/or Services that violate any applicable law, statute, regulation, bylaw or breach these Terms or any other agreement or policy you have with us;
  2. use the Platform and/or Services in order to develop, or create, or permit others to develop or create, a product or service similar or competitive to the Platform and/or Services;
  3. modify, reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about the Platform or any of the Services or our technologies;
  4. breach the security of the Platform and/or Services, or identify, probe, or scan any security vulnerabilities in the Platform and/or Services;
  5. violate the security of the Platform or attempt to gain unauthorized access to the Platform, data, materials, information, computer systems, or networks connected to any server associated with the Platform;
  6. use or attempt to use any scraper, robot, bot, spider, data mining, or any other automated device, program, tool, algorithm, process methodology, or manual process having similar processes or functionality to access, acquire, copy, or monitor any portion of the Platform;
  7. use any device, software, algorithm, file, or other tool or technology, including without limitation any viruses, trojan horses, worms, time bombs, or cancelbots intended to damage or interfere with our Platform or to surreptitiously intercept or expropriate any data from the Platform, or breach any security or authentication measures;
  8. take any action that causes an unreasonable or disproportionately high load on the technical infrastructure of the Platform, including without limitation denial of service attacks, “spam”, or any other such unsolicited overload technique;
  9. collect data from the Platform either in authorized and not authorized ways through automated means (bots, spiders, scrapers, or equivalent means), by establishing fake Accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on the Platform;
  10. make unauthorized use of the Platform, including, in particular, unauthorized access to our systems or any other illegal use of any information contained on the Platform;
  11. falsely state or otherwise represent an affiliation with a person or entity;
  12. share your Account credentials to distribute any parts or data of the Platform;
  13. massively engage as Users unrelated people (not your employees or contractors) to use the Account;
  14. use the Platform and/or Services in a manner that is unlawful, defamatory, libelous, harassing, harmful, fraudulent, deceptive; distributes malware; violates the security of any computer network, or cracks any passwords or security encryption codes.

If you violate these Terms or other documents governing the legal relationship between you and the Company and/or legal requirements, we reserve the right to block your Account and/or otherwise suspend access to the Application and Services. We are not and shall not be held responsible for your use of the Platform and/or Services in a way that violates the law.

Without limiting our other remedies, if you breach the Terms, you will pay any and all fees owed to us and reimburse us for all losses and expenses, as well as reasonable costs (including legal fees) associated with investigating such breach and collecting such fees.

3.5. Security

You must not transfer or share the Account credentials outside your organization.

You must advise your Users that they are prohibited from sharing their login and password (“Login Credentials”) with other persons.

You are solely responsible for:

  • maintaining the confidentiality and security of the Login Credentials within your organization;
  • all actions that are taken through your Account.

Please contact us if you are aware of or suspect unauthorized access to your Account, and we shall take immediate action.

3.6. Availability

QA Sphere commits to maintaining a 99.9% system availability per year. This target is measured at the network level of our services, reflecting our commitment to providing a reliable and continuously operational system.

Exclusions from system availability calculations:

  • The system availability excludes periods of planned maintenance, as detailed in the subsequent Section 3.8. Users are notified in advance through the status page and email notifications for longer downtimes.
  • Additionally, the commitment does not cover unavailability caused by factors outside of QA Sphere’s control, including but not limited to:
  • Issues originating from a user’s internet service provider or network connection.
  • Failures of individual computing systems, hardware, or software that are not under the direct control of QA Sphere.
  • Acts of nature, such as severe weather events, or other force majeure events.

It is crucial for users to ensure that their local systems are maintained and operated in a manner that facilitates optimal access and functionality of QA Sphere’s services. For any disruptions that occur outside these specified conditions, QA Sphere will strive to ensure minimal service interruption and provide the necessary support to restore full functionality.

3.7. Maintenance Windows

QA Sphere regularly schedules maintenance windows to upgrade and maintain the system to ensure optimal performance and security. Users will be informed about these maintenance activities in advance. For short maintenance activities, notifications will be posted on the QA Sphere status page. If a maintenance window is expected to exceed 30 minutes, users will additionally be notified via email to prepare for any potential service interruption.

It is important to note that maintenance windows are planned for periods of low activity and are necessary for the enhancement of the service. As such, Service Credits do not apply to any service downtime that occurs during these announced maintenance windows.

We encourage users to check the QA Sphere status page regularly for upcoming maintenance announcements and to ensure that their contact information is current to receive timely email notifications.

3.8. Service Credit

In the event that QA Sphere fails to meet the 99.9% system availability outside of scheduled maintenance windows, we will offer a Service Credit as compensation. A Service Credit entails one week of free use of the service for each day of delay or unavailability caused by our failure to uphold these commitments.

To clarify, you are entitled to no more than one Service Credit per incident per affected configuration. Furthermore, the aggregate Service Credits awarded in any given month will not exceed one month's free service usage, irrespective of the number of incidents.

To claim a Service Credit, you must contact us within ten (10) business days from the time you become eligible for such a credit. If you do not contact us within this timeframe, your right to receive the Service Credit will be forfeited.

Notwithstanding other provisions in these Terms, the provision of Service Credits shall constitute your sole remedy and our complete liability for any breach of our support service commitments as outlined in this section.

3.9. Account Suspension

We may suspend (block) your Account and restrict your access to the Services at our sole discretion if we detect a violation of these Terms or any applicable law or threat of such violations.

3.10. AI-Powered Features

The Application includes certain features powered by artificial intelligence technologies, such as "Write with AI" and similar functionalities (hereinafter referred to as "AI Features"). These AI Features are designed to enhance your user experience by providing automated assistance and suggestions.

By using the AI Features, you acknowledge and agree that:

  • The AI-generated content is provided for informational purposes only and should not be considered professional advice. You are solely responsible for verifying the accuracy, completeness, and suitability of any AI-generated content.
  • The AI Features are provided "as is" and may produce inaccurate, incomplete, or inappropriate content. We do not guarantee the quality, correctness, or reliability of the AI-generated content.
  • You must not use the AI Features to generate content that is unlawful, defamatory, obscene, infringing, or otherwise objectionable.

Currently The Application is using OpenAI models to provide AI Features. Neither we nor OpenAI are using your data submitted through the AI Features for training any AI models. Your data is processed in accordance with our Privacy Policy and OpenAI's policies

4. Costs and Payments

4.1. Subscription

We offer a monthly Subscription with four functionality options. You can familiarize yourself with the available plans and prices at the Website's main page via the link: https://qasphere.com/pricing. The price depends on the number of Users and projects, the attachment space amount, support options, and other features. To activate the Subscription, choose the desirable Subscription option, and pay for the Services you have selected using the appropriate Platform’s function.

When you activate the Subscription, you agree that:

  1. it will automatically renew for the same one-month term on the day after the last day of the term, with no limit on the number of such renewals;
  2. the cost of the selected Subscription option is transferred from the bank account listed in your account to the Company’s bank account on the day of Subscription renewal.

You may cancel your Subscription at any time. In this case, the Subscription will be valid until the end of the respective one-month term for which the payment has been made.

4.2. Payment

All the payments for the Services shall be made using the Payment System. For the purposes of transferring payments between you and the Company, the Payment System is FastSpring, unless otherwise specified by us. You may familiarize yourself with the terms and conditions of the Payment System via the following link:https://fastspring.com/legal/.

The Platform displays the cost of the Services in US dollars. However, if the terms and conditions of the Payment System are met, you are free to continue paying for the Services in a different currency.

You shall pay for the Services by transferring the costs of the respective chosen plan in full to the Company’s bank account. Any payment under these Terms shall be deemed to have been made from the moment it is credited in full to our bank account.

4.3. Plan Change and Subscription Cancel

You are free to change your Subscription plan via the respective Application’s billing section. If you choose another plan that increases the cost of the Services, you must pay the difference in the current term’s subscription price to access them. The cost of your Subscription will increase by the respective amount from the next one-month term.

If you choose another plan that reduces the cost of the Services, the cost of your Subscription will reduce by the respective amount from the next one-month term.

You can cancel your Subscription at any time. In that case, your access to the Application will last until the end of your current one-month term, and further renewals will be terminated.

4.4. Refunds

Refunds for payments are typically not provided. However, we may offer refunds under specific circumstances, such as accidental purchases, billing errors, or technical issues with our service. All refund requests must be made within 30 days of the original payment, and we reserve the right to approve or deny refunds at our discretion.

Please contact our support team at [email protected] to request a refund or for more details.

4.5. Free Plan

From time to time, QA Sphere may offer a Free Plan that includes a limited set of features designed for individuals or small teams to manage their quality assurance tasks. This plan allows for a limited number of users and projects and is provided without cost under the terms of a promotional offer. It is important to note that the availability of the Free Plan is not guaranteed at all times and may vary based on QA Sphere's promotional strategies.

Users who opt for the Free Plan will be able to use the platform indefinitely, provided the service remains available. However, the plan does not include Service Credits and is supported on a best-effort basis only. To maintain the activation of a free account, users must access the service at least once every three months. Failure to do so, followed by non-response to subsequent notification emails, will result in the account being deactivated. If no action is taken to reactivate the account within 30 days following deactivation, the account will be permanently deleted.

QA Sphere reserves the right to modify or discontinue the Free Plan at any time without prior notice. Users will be informed of any significant changes to the terms or availability of the Free Plan.

5. Intellectual Property

You do not acquire ownership of or any other intellectual property rights in any element of the Platform or any material, including any particular capabilities and technologies of the Platform (including past, present, and future versions), by your access to and use of the Platform.

We own and maintain all rights to the Platform and its products, as well as all associated graphics, trademarks, logos, information, design, text, page content, visual interfaces, interactive features, button icons, scripts, compilations, source and object code, and other matters to the Platform (collectively, “Company IP”). You are not allowed to copy, distribute, use, or publish any portion of Company IP unless expressly permitted in these Terms.

You shall retain all intellectual property rights in any content you upload to the Platform via your Account and shall be solely responsible for its compliance with any applicable laws and third-party rights, including your Account Users’ rights.

6. Warranty Disclaimers

To the maximum extent permitted by applicable law, our services are provided "as is" and "as available". We disclaim any warranties and commitments regarding the following: the platform'savailability, accuracy, dependability, completeness, and correspondence with your expectations.

We disclaim all warranties, express or implied, of any kind, including without limitation the implied warranties of merchantability, non-infringement, and accuracy. We do not represent or guarantee that the platform will operate without interruption, be timely, secure, or error-free, or be free from loss, corruption, cyberattack, viruses, interference, hacking, malware, or other security intrusions. We also disclaim any liability relating to such.

To the extent permitted by applicable law, we will not be held accountable for any issues pertaining to your account.

We shall not be responsible for any actions or inactions of the users you engage to use the application.

7. Limitation of Liability

We are in no way responsible for your use of the Platform to the maximum extent permitted by applicable law.

You acknowledge and agree that, regardless of whether the loss or damage is due to a warranty, contract, tort, or another legal theory, we are not and will not be liable for any consequential, indirect, special, incidental, or other loss or damages, as well as for loss of profits, loss of business, litigation costs, or any other losses resulting from or caused by your use of or inability to use the Platform. Any claims of any kind made by third parties are not our responsibility.

No information you receive from us or through the Platform should be construed as a warranty or representation not explicitly stated in these Terms and any agreements that lay forth the terms of your legal relationship with the Company. Please don't assume that any failure or delay resulting from an event outside our reasonable control is our fault.

We are not and will not be liable for any damages, losses, or additional expenses incurred by you or any third parties relating thereto; your loss of the Account or inability to use the Platform as a result of modifications to these Terms; any content you may encounter on the Platform.

You understand and agree that links to websites that are owned or managed by third parties may appear on the Platform. When using these third-party services, you do so at your own risk. It is entirely your responsibility to read over these third-party services' terms and conditions before utilizing them.

8. Miscellaneous

8.1. Entire Agreement and Severability

These Terms supersede and replace all prior terms, agreements, discussions, and proposals regarding the Platform and Services and constitute the entire agreement between you and us regarding access to and use of the Platform and Services unless otherwise expressly stated in these Terms.

Failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any part of these Terms is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Terms, which will remain in full force and effect.

8.2. Assignment

Without our consent, you may not assign or transfer these Terms and any associated rights, obligations, or remedies hereunder. We may freely assign these Terms or subcontract our obligations without restriction.

8.3. Applicable Law

All matters relating to the Platform and Services or these Terms shall be governed by the applicable laws of the UAE, without regard to its conflict of law provisions.

8.4. Indemnification

You use the Platform and Services at your own risk and for your sole responsibility. You agree to fully indemnify, defend, and hold us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees harmless from any claim, demand, or liability, including reasonable attorneys' fees, related to your use of the Platform and Services or any violation of these Terms or applicable law.

8.5. Privacy

Please review our Privacy Policy that describes our privacy practices and use of cookies.

9. Term and Termination

As long as you keep using or accessing the Platform, these Terms will continue to be in full force and effect. By deleting your Account, you terminate these Terms and any agreements that may exist between you and us, subject to the survival of any terms that by their nature are intended to survive such termination.

We reserve the right to suspend or terminate your access to the Account and Services at any time without prior notice in the case if we determine that you violate or fail to comply with these Terms or applicable law, without any liability and without provision of any compensation to you in this regard.

10. Contact us

Should you have any troubles with the functionality of the Platform and/or the Services, questions, or any other issues, please email us at [email protected] .