PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS CREATE A BINDING LEGAL CONTRACT/AGREEMENT BETWEEN YOU AND QUALITIA SOFTWARE PVT. LTD. BY USING THE SERVICES OR ACCESSING THE PLATFORM (AS DEFINED BELOW), YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES OR THE PLATFORM.
“Platform” means a installable product developed in the name ‘Automation Studio’ by the Company.
“Services” means and includes services provided by use of the Platform including but not limited to the features of the Platform that are aimed at creating a graphical view of the business process, creating test cases for the business process and automating them, integrating with requirement and test management tools, providing end to end automation execution reports, etc.
“User” or “you” or “your” means any person who browses, accesses or uses the Platform for its own purpose or on behalf of someone else and includes any legal entity.
“We”, “Company”, “us” and “our” means Qualitia Software Pvt. Ltd., having its office at Unit 601, 6th Floor, Sai Radhe, 100+101, Kennedy Road, Next to Grand Sheraton Hotel Pune MH 411001.
To avail the Services, you must download and install the Platform and obtain a license key by contacting us or by visiting us in person. You will be required to register and create an account with a User ID and a password (collectively “Account”). You agree that any registration information provided by you will always be accurate, correct and complete.
You shall be responsible for maintaining the confidentiality of your Account and you agree to accept responsibility for all activities that occur under your Account and in relation to the Services. We also reserve the right to refuse registration of or cancel Accounts of the Users whose conduct is inappropriate or in violation of these Terms. The Account gives you an access to the Services and functionalities that we may establish and maintain from time to time and in our sole discretion.
Sub-Users-The User may create multiple sub users with controlled access to the Account. The Company shall not be responsible for any misuse by the sub users or access given to the sub users by the User. However, you may be liable to the Company and its affiliates/ partners for any losses caused to them due to any unauthorized use or misuse, including the use and access by the sub-users.
You must notify the Company immediately of any breach of security or unauthorized use of your Account. The Company shall not be liable for any losses caused by any unauthorized use of your Account.
If you, as an individual, utilize the Services provided on the Platform on behalf of a company or legal entity, you represent and confirm that you have the necessary authority to represent such entity and the authority to bind such entity to these Terms. The Company shall not be under any obligation to verify your authority, on behalf of a company or a legal entity, for the use of Services. It is your sole responsibility to determine whether your use of the Platform is lawful, and you must comply with all applicable laws while using the Platform.
THE USER’S USE OR ACCESS OF FEATURES, FUNCTIONALITIES, THE COMPANY CONTENT AND VARIOUS OTHER SERVICES PROVIDED THROUGH THE PLATFORM SHALL BE GOVERNED BY THESE TERMS.
The Platform offers two options: a) a free membership with a limited feature set (“Trial Account”) and b) a paid membership with more advanced feature set (“Paid Account”).
The Trial Account shall be valid for fifteen (15) days for an aggregate of five (5) sub-users.
Details about the applicable fees for the Paid Account are provided on the Platform at https://www.qualitiasoft.com/pricing-licensing/. The fees listed on Platform are binding and not negotiable. Payments for the Paid Account shall be paid in advance. Payment can be made using the various options available on the Platform or accepted by the Company from time to time. If Company is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. The Company reserves the right to change the fees charged for any product type at any point of time without prior notice and/or can change the criteria for Trial Account from time to time.
The User may cancel registration for the Trial Account and Paid Account at any point of time without stating a reason. The User understands that the User shall not be entitled to a refund upon such cancellation except as allowed by the prevalent Company policies at the time of cancellation.
The User understands and acknowledges:
That the Company, undertakes utmost care to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.
That the User shall provide accurate payment details to the secure payment system.
That the User undertakes all payments subject to own risk and volition.
The Company shall not be liable for any loss or damage occurred to User arising directly or indirectly out of the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities.
LICENSE AND RULES OF CONDUCT
Subject to these Terms, we hereby grant you a non-exclusive, non-assignable, non-transferable and limited right and license to use the Platform for your use only and for no other purposes.
Your use of the Platform is subject to all applicable local, state, national laws, rules and regulations. You agree not to reverse engineer, reproduce, publish, re-publish, disassemble , disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Platform and further agree not to use this Platform as part of another Platform, upload of any virus, use any content for commercial purposes without our consent; access or modify partially or otherwise to any source code; track or monitor the other users; do anything that puts an enormous / unreasonable load on our infrastructure/servers; copy or create derivative work on our software.
OWNERSHIP OF INTELLECTUAL PROPERTY
All materials including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music in any form including blogs, learning centre content, tips and any tutorials featured and available on the Platform (“Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors.
Except as permitted by the copyright law applicable, you may not reproduce or communicate any the Company Content, without the permission of the Company.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any the Company Content. Use of the Company Content for any purpose not expressly permitted by these Terms is strictly prohibited. Any unauthorized use of the Company Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Qualitia is the trademark wholly owned by Qualitia Software Pvt. Ltd. There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Company Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You represent, warrant, and agree that no content/details shared by you with the Platform and/or other users (“User Content”), shall violate or infringe upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
You acknowledge that you shall be solely responsible for the User Content and we do not have any control over the same. However, we reserve the right to review the User Content and if the same is not in accordance all applicable laws, rules and regulations, or found to be prohibited conduct or violate any privacy or any other right including third party rights, we shall remove such content, without any prior notice to you. The User Content should be free from virus, trojan etc. and should not contain any illegal, unethical or competitive data.
REPRESENTATION AND WARRANTY
By registering with the Platform, you represent and warrant that:
You are fully able, competent and authorized to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms;
You are of legal age to form a binding contract and are not a person barred from receiving Services under the applicable laws;
You are authorized to use and avail Services or access the Platform for and on behalf of the Company or any other entity, you are representing.
You confirm that the company, entity or the organization, you are representing is duly registered under the applicable laws of the respective country, where such company, entity or organization is conducting its business.
Your use of Platform does not violate any applicable law or regulation.
The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the Platform and/or Services. The Company shall nonetheless endeavour to keep the Platform available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond the Company’s control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the Services provided on the Platform and the Company shall not be liable for the same.
You agree not to engage in any of the following activities:
Violating laws and rights:
You may not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You may not use the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You may not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
You may not share or transmit contents or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization.
Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or User, while using the Platform.
You may not use or attempt to use another’s account or personal information; and, you may not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO EXPERTISE, OR BENEFIT OF THE INFORMATION, OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT, SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED USING THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ANY HYPERLINKED WEBSITE OR SERVICE.
LIMITATIONS OF LIABILITY
In no event shall the Company be liable for any indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Platform or for interrupted communications, delay, lost data or monetary losses arising out of or in connection with these Terms. In any event, the total aggregate liability of the Company, to you under any applicable law whatsoever for all loss or damage arising out of use of the Services or access to the Platform or Platform shall not exceed the total fees received from you.
The forgoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited warranty or remedy herein.
You agree to indemnify, defend and hold the Company, its parents, subsidiaries, affiliates, successors, assigns and licensors, or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, service providers and harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms by you, or due to your activities related to the Platform.
In the event the User Content infringes any rights of any third party, the User shall, at its own expense and at Company’s discretion, either obtain the right to use said contents or remove such content from the Platform.
The Company reserves the right, in its sole discretion, to terminate your access to the Platform and Services at any time, without notice. Your right to access and use the Platform and Services terminates automatically upon your material breach of any of the of these Terms.
These Terms shall be construed and governed by the laws of India. Any dispute arising, between you and us shall be submitted to the exclusive jurisdiction of the courts in Pune, India.
ANTI SPAM POLICY
You certify that you will use and access the Platform in accordance with these Terms. You are forbidden to transmit unsolicited commercial email (spam) by using and accessing the Platform. Repeated violations or failures to comply with this anti-spam policy will result in termination of your access to the Platform. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy.
LINK TO THIRD PARTY SITES
The Company may provide links of other websites on the Platform, without any warranty, merchantability, endorsement, suitability any assurance of quality, authenticity, and appropriateness to view such websites and responsibility, liability, obligations on part of the Platform. These links are merely as a convenience and the Company is not responsible for any data, information, opinions, advice or statements made on these sites.
Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage or loss due to deficiency in performance of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, government regulations, civil disturbances, riots and anything beyond control of the Company.
We have and continue to have the right to modify, change, substitute, remove, suspend or update these Terms or any information in it at any time by sufficiently highlighting on the Platform about such change. Such changes shall be effective immediately upon posting to the Platform. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information from the Platform or Services at any time. These Terms were last modified on January 2019.
Please contact us at email@example.com with any questions regarding these Terms.
6th Floor, Sai Radhe Complex Sangamvadi,
Kennedy Road, Behind Sheraton Grand (Old LE Meridian), Pune,
Maharashtra 411001, India
+91 20 6727 8200