DRAFT — not legal advice. Requires review by counsel before publication. Placeholders in [[DOUBLE_BRACKETS]] must be filled first; see docs/legal/README.md.

Terms of Service

Effective: [[EFFECTIVE_DATE]]

These terms are an agreement between you (or the organization you sign up for, "Customer") and [[LEGAL_ENTITY]], a [[ENTITY_JURISDICTION]] [[ENTITY_TYPE]] ("qaitai", "we"). They cover qaitai Cloud (app.tryqaitai.com), our website, and paid subscriptions for self-hosted qaitai Enterprise features. They are also the "qaitai Subscription Terms" referred to in ee/LICENSE. By creating an account or clicking "I agree", you accept them. If you accept for an organization, you confirm you can bind it.

1. The service

qaitai uses AI agents to test web applications in real browsers and reports what it finds. AI output can be wrong: a finding may be a false positive, and a passing run does not prove your app is free of bugs. You remain responsible for your app and for what you ship.

2. Open-source software is separate

The qaitai source code is licensed under its own licenses (AGPL-3.0, MIT, and the qaitai Enterprise License for ee/), described in LICENSING.md. These terms do not limit your rights under those licenses. They govern our hosted service and paid subscriptions.

3. Your account

Keep your credentials safe and tell us about unauthorized use. You are responsible for activity in your workspaces, including by people you invite and by runners and API tokens you create.

4. Acceptable use

You must follow the Acceptable Use Policy. Most importantly: only test applications you own or are authorized to test. qaitai Cloud enforces this with domain verification.

5. Your content and data

• "Customer Data" means what you or your apps provide to the service: prompts, secrets, repository data, and the pages, screenshots, replays and findings produced while testing your apps.
• You own Customer Data. You grant us a limited right to host, process and transmit it only to provide, secure and support the service, as described in our Privacy Policy.
• We process personal data in Customer Data under our Data Processing Addendum, which forms part of these terms.
• We do not use Customer Data to train AI models, and we do not sell it.
• Page content and screenshots are sent to AI model providers to operate the agent. Test secret values are not. Prefer test data and test accounts over production data.

6. Bring your own key (BYOK) and third-party services

If you connect your own model, browser or other provider account, your agreement with that provider governs its processing and charges. We are not responsible for third-party services, and BYOK runs never fall back to our keys.

7. Plans, billing and usage

• Paid plans are billed in advance through Stripe; usage beyond included agent-minutes is billed in arrears at the rates on our pricing page.
• Fees exclude taxes. Except where the law or these terms say otherwise, fees are non-refundable.
• We may change prices with 30 days' notice, effective at your next renewal.
• If payment fails, we may suspend paid features after notice.

8. Self-hosted Enterprise subscriptions

Production use of code under ee/ requires an active qaitai Enterprise subscription and license key for the correct number of seats and usage. Development and testing use is free. Your order form sets the seats, term and fees. The license key is confidential and for your organization only.

9. Feedback

If you send us suggestions, we may use them without obligation to you.

10. Suspension and termination

You can cancel at any time; paid access continues to the end of the billing period. We may suspend or terminate access if you breach these terms or the Acceptable Use Policy, if your use creates a security or legal risk, or if you don't pay. Where reasonable we'll give notice first. After termination you can export your data for 30 days; then we delete it as described in the Privacy Policy.

11. Warranties and disclaimers

We will provide the service with reasonable skill and care. Otherwise, to the extent the law allows, the service is provided "as is", without warranties of merchantability, fitness for a particular purpose, or non-infringement, and we do not promise it will be uninterrupted or error-free or that it will find every bug.

12. Limitation of liability

To the extent the law allows: neither party is liable for indirect, incidental, special, consequential or punitive damages, or lost profits, revenue or data; and each party's total liability is limited to the fees you paid us in the 12 months before the claim ([[LIABILITY_FLOOR]] if no fees were paid). These limits do not apply to your payment obligations, a party's indemnity obligations, or liability that cannot be limited by law.

13. Indemnity

You will defend and indemnify us against third-party claims arising from apps or sites you point qaitai at without authorization, or from your breach of the Acceptable Use Policy. We will defend and indemnify you against third-party claims that the service, as we provide it, infringes their intellectual property rights. [[CONFIRM_INDEMNITY_SCOPE]]

14. Confidentiality

Each party will protect the other's non-public information with reasonable care and use it only to perform under these terms.

15. Changes to these terms

We'll give at least 30 days' notice of material changes by email or in the app. Continuing to use the service after they take effect means you accept them.

16. General

These terms are governed by the laws of [[GOVERNING_LAW]], and disputes go to the courts of [[VENUE]]. You may not assign these terms without our consent, except with a merger or sale of your business. If a provision is unenforceable, the rest stays in effect. These terms, the documents they link to and any order form are the entire agreement; an order form wins if it conflicts.

Contact

[[LEGAL_ENTITY]], [[REGISTERED_ADDRESS]] · legal@tryqaitai.com