Terms of service

These Terms of Service ("Terms") are a binding agreement between you and QualityLabs Inc., a Delaware corporation ("Quality", "we", "us", or "our"). They govern your access to and use of the Quality browser extension, the Quality web dashboard, and our websites (together, the "Service").

By creating an account, installing the extension, or otherwise using the Service, you agree to these Terms. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind it, and "you" and "Customer" mean that organization. If you do not agree, do not use the Service.

• Customer Content: Comments, threads, replies, attachments, screenshots, session recordings, and other material submitted to or captured through the Service by you or your Authorized Users, including any data that appears in a page you choose to capture.
• Authorized Users: The people you invite into your workspace or projects, including members and guests.
• Order: The plan, pricing, and term you select in the Service or agree with us in writing.

• You must be at least 16, and old enough to form a binding contract where you live, to use the Service.
• You must give accurate account information and keep it current, and keep your sign-in credentials confidential.
• You are responsible for all activity under your account and workspace, and for making sure your Authorized Users follow these Terms.
• Tell us promptly at our contact address if you believe your account has been accessed without permission.

Quality lets teams leave comments anchored to elements on any web page, capture screenshots, record and replay browsing sessions (including page changes, network activity, and console output), and send feedback to issue trackers and messaging tools. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business purposes during your subscription.

We improve the Service continually and may add, change, or remove features. We will not materially reduce the core functionality of a paid plan during its current term.

We may offer free plans, free trials, or features labelled beta, preview, or similar. These are provided as-is, may have usage limits, and may be changed or discontinued at any time. At the end of a trial, your workspace moves to a paid plan only if you have chosen one; otherwise it may be limited or suspended.

• Paid plans are billed in advance, monthly or annually as selected in your Order, and renew automatically for the same period unless cancelled before the renewal date.
• You authorize us and our payment processor to charge your payment method for all fees when due. Fees are based on your plan and, where applicable, the number of seats.
• Fees are stated exclusive of taxes. You are responsible for all sales, use, VAT, and similar taxes, other than taxes on our income.
• If a payment fails, we may suspend paid features after giving you notice and a reasonable chance to update your payment method.
• We may change prices for future terms with at least 30 days' notice. Changes apply from your next renewal.
• You may cancel at any time in your workspace billing settings; cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except where required by law or stated in these Terms.

• As between you and us, you own your Customer Content. You grant us a worldwide, non-exclusive license to host, copy, process, transmit, and display it only as needed to provide, secure, and support the Service, and as you direct — for example, sending it to an integration you connect.
• You are responsible for your Customer Content and for having all rights, notices, and consents needed to capture and share it, including where a screenshot or recording contains personal data of visitors to or users of the page you capture.
• The extension masks password fields in recordings, but it cannot recognize every kind of sensitive information. Do not capture pages containing data you are not authorized to collect, such as payment card numbers, health records, or government identifiers.
• We do not use Customer Content to train generalized AI models.

Our Privacy Policy describes how we handle personal information. Where we process personal data within Customer Content on your behalf, we act as your processor, and our Data Processing Agreement forms part of these Terms.

You will not, and will not allow anyone else to:

• Capture, record, or share content you do not have the right to, or use the Service in violation of anyone's privacy rights or any law, including wiretapping, recording-consent, and data protection laws.
• Upload malware, or content that is unlawful, infringing, harassing, or deceptive.
• Probe, scan, or test the vulnerability of the Service, bypass its security or usage limits, or interfere with its operation.
• Reverse engineer, decompile, or attempt to extract the Service's source code, except as applicable law expressly permits.
• Resell, sublicense, or provide the Service to third parties, other than to your Authorized Users.
• Access the Service to build a competing product, or copy its features or design.

The Service can connect to third-party products such as Jira, Linear, and Slack. When you connect one, you authorize us to exchange Customer Content with it on your behalf. Third-party services are governed by their own terms and privacy policies; we are not responsible for them and may stop supporting an integration if the provider changes or ends its service.

Quality and its licensors own all rights in the Service, including its software, design, documentation, and trademarks. Except for the limited rights granted in these Terms, no rights are transferred to you. If you send us suggestions or feedback about the Service, we may use it without restriction or obligation to you.

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential, including Customer Content. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and disclose it only to employees, contractors, and advisers who need to know it and are bound by similar obligations. This does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from a third party. Disclosure required by law is permitted with prompt notice where lawful.

We may suspend access to the Service, in whole or in part, if we reasonably believe your use violates these Terms, poses a security risk, or could cause harm or legal liability to us or others, or if payment is overdue. We will give notice where practicable and restore access once the issue is resolved.

• These Terms apply from when you first use the Service until your account and all subscriptions end.
• Either party may terminate for material breach that is not cured within 30 days of written notice. We may terminate immediately for serious violations of the acceptable use rules.
• On termination, your right to use the Service ends. For 30 days afterwards you may request an export of your Customer Content; after that we may delete it as described in the Privacy Policy.
• If you terminate for our uncured material breach, we will refund prepaid fees for the unused remainder of your term.
• Sections that by their nature should survive termination — including fees owed, confidentiality, disclaimers, limitation of liability, indemnification, and governing law — survive.

Each party represents that it has the authority to enter into these Terms. We will provide the Service with reasonable skill and care.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND QUALITY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT SCREENSHOTS AND RECORDINGS WILL CAPTURE EVERY DETAIL OF A PAGE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY.

EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS PAID OR PAYABLE BY YOU TO QUALITY IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US $100.

These limits do not apply to your payment obligations, a party's indemnification obligations, breach of your acceptable use obligations, or liability that cannot be limited by law.

We will defend you against any third-party claim alleging that the Service, as we provide it, infringes that party's intellectual property rights, and pay the resulting damages and costs finally awarded or agreed in settlement. This does not cover claims arising from Customer Content, third-party services, or use of the Service in combination with anything we did not provide or in breach of these Terms.

You will defend us against any third-party claim arising from your Customer Content or from your or your Authorized Users' use of the Service in breach of these Terms or applicable law, and pay the resulting damages and costs finally awarded or agreed in settlement.

The indemnified party must give prompt notice of the claim, let the indemnifying party control its defense and settlement, and provide reasonable cooperation.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to their jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

We may update these Terms from time to time. For material changes, we will notify you by email or in the Service at least 30 days before they take effect. Continued use of the Service after that date means you accept the updated Terms; if you do not agree, you may cancel before they take effect.

• Entire agreement: These Terms, together with any Order and the Data Processing Agreement, are the entire agreement between the parties about the Service and supersede prior agreements on that subject.
• Assignment: Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all of its assets.
• Force majeure: Neither party is liable for delays or failures caused by events beyond its reasonable control, other than payment obligations.
• Export and sanctions: You will comply with U.S. export control and sanctions laws, and will not use the Service in or for an embargoed country or a restricted person.
• Notices: We may send notices to the email address on your account. You may send notices to our contact address below.
• Severability and waiver: If any provision is found unenforceable, the rest remains in effect. Failing to enforce a provision is not a waiver of it.
• Relationship: The parties are independent contractors, and there are no third-party beneficiaries to these Terms.

QualityLabs Inc. is a Delaware corporation. Questions about these Terms can be sent to [email protected].