Terms and Conditions

Terms and Conditions

Last Updated:

Last Updated: December 4, 2024

Welcome to Appliqation. These Terms and Conditions ("Terms") govern your access to and use of our quality assurance testing platform ("Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

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

2. Account Registration and Security

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

3. Use of Service

3.1 Permitted Use

You may use the Service for lawful quality assurance testing purposes in accordance with these Terms. You agree to:

  • Use the Service only for testing applications you own or have authorization to test
  • Comply with all applicable laws and regulations
  • Respect intellectual property rights
  • Not interfere with or disrupt the Service or servers

3.2 Prohibited Use

You agree NOT to:

  • Use the Service for any illegal or unauthorized purpose
  • Test applications without proper authorization
  • Attempt to gain unauthorized access to other users' data or accounts
  • Upload malicious code, viruses, or harmful content
  • Reverse engineer, decompile, or attempt to extract source code
  • Resell, sublicense, or redistribute the Service without authorization
  • Use automated systems (bots, scrapers) to access the Service without permission
  • Interfere with security features or bypass access restrictions

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Service, including its software, design, trademarks, and content, is owned by Appliqation and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

4.2 Your Content

You retain ownership of all content you upload to the Service (test cases, screenshots, etc.). By uploading content, you grant us a license to store, process, and display your content solely for the purpose of providing the Service to you.

You represent and warrant that you have all necessary rights to upload your content and that it does not violate any third-party rights or laws.

5. AI Services and Third-Party Integrations

5.1 Platform-Managed AI

Our Service includes AI-powered features that utilize third-party AI services (OpenAI, Anthropic). By using these features with platform-managed API keys, you acknowledge that:

  • Your data will be sent to third-party AI providers for processing
  • AI provider terms of service and privacy policies apply to data processing
  • We have limited control over how AI providers process your data
  • AI-generated results may contain errors or inaccuracies

You are responsible for reviewing what data you submit to AI features and ensuring it complies with your own confidentiality requirements.

5.2 Bring Your Own AI (BYOAI)

You may choose to use your own API keys for AI services ("BYOAI"). When using BYOAI:

  • You are responsible for your agreement with the AI provider
  • Your API key usage and costs are your responsibility
  • We are not liable for AI provider service interruptions or costs
  • You must ensure your API keys are kept secure

6. Data Storage and Security

We implement reasonable security measures to protect your data. However, no system is completely secure. You acknowledge that:

  • You use the Service at your own risk
  • You are responsible for backing up critical test data
  • We are not liable for unauthorized access resulting from circumstances beyond our reasonable control

For details on how we handle your data, please see our Privacy Policy.

7. Data Retention and Deletion

We retain your data as described in our Privacy Policy. You may request deletion of your data by contacting us. Upon account termination:

  • Your access to the Service will be revoked immediately
  • Your data will be deleted in accordance with our retention policies
  • Some data may be retained for legal or business purposes as permitted by law

8. Payment Terms (if applicable)

If you subscribe to a paid plan:

  • Fees: You agree to pay all fees associated with your subscription plan
  • Billing: Fees are billed in advance on a recurring basis (monthly/annually as selected)
  • Payment Method: You must provide valid payment information
  • Auto-Renewal: Subscriptions auto-renew unless canceled before the renewal date
  • Refunds: Fees are non-refundable except as required by law or at our discretion
  • Changes to Fees: We may change fees with reasonable notice (typically 30 days)

9. Service Availability and Modifications

We strive to provide reliable service but do not guarantee uninterrupted access. We reserve the right to:

  • Modify, suspend, or discontinue any part of the Service
  • Perform maintenance that may temporarily affect availability
  • Change features, functionality, or APIs with reasonable notice

We are not liable for any interruption, modification, or discontinuation of the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind
  • We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
  • We are not responsible for third-party services, AI provider errors, or data loss

Some jurisdictions do not allow limitation of implied warranties or liability, so some limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Appliqation, its affiliates, and personnel from any claims, damages, or expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your content uploaded to the Service

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. You may terminate your account at any time through account settings or by contacting us.

Upon termination, your right to use the Service ceases immediately. Provisions that should survive termination (indemnification, limitation of liability, dispute resolution) will remain in effect.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms are governed by the laws of Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Australia.

13.2 Dispute Resolution

Before initiating legal proceedings, you agree to first contact us to attempt informal resolution of any dispute.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

  • Posting the updated Terms with a new "Last Updated" date
  • Sending notice via email or Service notification for significant changes

Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

15. Miscellaneous

  • Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Appliqation
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect
  • No Waiver: Our failure to enforce any right does not constitute a waiver of that right
  • Assignment: You may not assign these Terms; we may assign them without restriction
  • Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control

16. Contact Information

For questions about these Terms, contact us at:

Appliqation
Email: contact@appliqation.io
Address: 145 Stanmore Crescent, Wyndham Vale, VIC 3024, Australia

By using Appliqation, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.