Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and Qwarm ("we," "us," or "our") governing your access to and use of the Qwarm platform, website, and related services (collectively, the "Service").

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Description of Service

Qwarm is an AI-powered QA and UX testing platform that allows you to:

• Write test flows in natural language that describe user journeys and interactions
• Execute those flows automatically against websites and web applications using browser automation
• Receive AI-generated insights, reports, and visual documentation of test results
• Run multiple AI personas simultaneously against the same flow (Swarm Mode) to identify diverse usability issues
• Schedule recurring tests and discover new test flows via AI analysis

The Service is provided on an "as is" and "as available" basis. We continuously improve and update the Service, which may include adding, modifying, or discontinuing features.

3. Account Registration & Responsibilities

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials and not share them with others
• Notify us immediately if you suspect unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You must be at least 16 years old to create an account and use the Service. By registering, you represent that you meet this age requirement.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to test websites or applications you do not own or have explicit authorization to test
• Attempt to bypass, disable, or circumvent security features of the Service or of any website being tested
• Use the Service for any form of unauthorized penetration testing, vulnerability scanning, or denial-of-service attacks
• Scrape, harvest, or collect data from websites in violation of their terms of service or applicable law
• Use the Service to generate, distribute, or store content that is illegal, harmful, threatening, abusive, or infringing
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
• Resell, sublicense, or provide access to the Service to third parties without our written consent
• Use automated means to create accounts or abuse free tier limitations

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated this Acceptable Use Policy.

5. Intellectual Property

5.1 Your Content

You retain full ownership of all test flows, variable configurations, and other content you create using the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive license to process Your Content solely for the purpose of providing the Service to you.

5.2 Our Platform

The Service, including its software, design, features, documentation, and branding, is owned by Qwarm and protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it as described herein.

5.3 AI-Generated Content

Test insights, reports, and other content generated by AI during the use of the Service are provided to you as part of the Service output. You may use this content for your internal purposes. We make no guarantees regarding the accuracy, completeness, or reliability of AI-generated content.

6. Payment & Billing

Qwarm offers both free and paid subscription plans. By subscribing to a paid plan, you agree to the following:

• Billing Cycle: Paid plans are billed on a recurring monthly basis. Your subscription automatically renews unless you cancel before the end of the current billing period.
• Free Trial: Paid plans may include a free trial period. If you do not cancel before the trial ends, you will be charged for the selected plan.
• Price Changes: We may change subscription prices with at least 30 days' notice. Price changes take effect at the start of your next billing cycle.
• Refunds: Subscription fees are generally non-refundable. However, if you experience a significant service disruption, you may request a pro-rata refund by contacting us.
• Usage Limits: Each plan includes specific usage limits (e.g., number of projects, test runs). If you exceed your plan's limits, additional runs will be blocked until you upgrade or your usage resets at the next billing period.

7. Data & Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

8. Third-Party Services

The Service integrates with and relies on third-party services, including cloud infrastructure providers, AI model providers, and payment processors. We are not responsible for the availability, accuracy, or practices of these third-party services. Your use of third-party services is subject to their respective terms and privacy policies.

9. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned maintenance. We do not offer service level agreements (SLAs) unless separately agreed to in writing.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Qwarm shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill
• Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim
• We are not liable for any damages arising from your reliance on AI-generated insights or test results, as these are provided for informational purposes and should not replace professional QA processes

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Qwarm and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable laws or third-party rights; or (d) Your Content or the websites and applications you test using the Service.

12. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination:

• Your right to access the Service ceases immediately
• Your data will be deleted within 30 days, subject to our data retention obligations described in the Privacy Policy
• Any outstanding fees remain due and payable
• Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) will continue in effect

We may suspend or terminate your account at any time if you violate these Terms, if required by law, or if we discontinue the Service. Where possible, we will provide reasonable notice before termination.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through good faith negotiation between the parties.

If a dispute cannot be resolved through negotiation within 30 days, either party may seek resolution through binding arbitration or in the courts of competent jurisdiction. Nothing in this section prevents either party from seeking injunctive or other equitable relief in court to prevent imminent harm.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also send you a notification via email. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

15. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Qwarm
Email: team@qwarm.ai