Terms of Service

Effective Date: January 1, 2024

1. Agreement to Terms

By accessing or using QA Maestro Inc.'s ("QA Maestro," "we," "us," or "our") website, services, or products, including our ioBuster platform and consulting services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Description of Services

QA Maestro provides:

  • SSD testing and validation consulting services
  • ioBuster software platform for storage device testing
  • ioBuster hardware solutions and testing equipment
  • Test automation and infrastructure development
  • Technical support and training services

3. Use of Services

Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization.

Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Transmit harmful or malicious code
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services
  • Use our services to compete with us without authorization

4. Intellectual Property Rights

Our Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software code, and the ioBuster platform, are owned by QA Maestro and protected by intellectual property laws.

License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use our services for your internal business purposes.

Your Content

You retain ownership of any content you provide to us. By providing content, you grant us a license to use, modify, and display such content as necessary to provide our services.

5. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of these Terms.

6. Payment Terms

Payment terms for our services will be specified in separate agreements or invoices. All fees are non-refundable unless otherwise stated in writing. Late payments may incur interest charges.

7. Warranties and Disclaimers

Limited Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QA MAESTRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9. Indemnification

You agree to indemnify, defend, and hold harmless QA Maestro and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of your use of our services or violation of these Terms.

10. Termination

Either party may terminate these Terms at any time with written notice. Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination shall survive.

11. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes shall be resolved through binding arbitration in Santa Clara County, California.

12. Changes to 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 our website and updating the "Effective Date." Your continued use of our services constitutes acceptance of the modified Terms.

13. General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and QA Maestro regarding the use of our services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

14. Contact Information

For questions about these Terms, please contact us:

QA Maestro Inc.

Email: legal@qamaestro.com

Phone: +1 (408) 647-5161

Address: San Jose, California, USA