Terms of Service

1. Introduction

These Terms of Service ("Terms") govern access to and use of the qa.ai platform and related services (the "Service") provided by TAL Marketing Group Limited, a company incorporated in England and Wales (company number 10612899), with its principal place of business at Work Life, Brown Street, Manchester, England, M2 1DH ("Company", "we", "us", "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

2. Business Use

The Service is provided strictly for business purposes. By using the Service, you represent and warrant that:

• You are acting in the course of business;
• You are duly authorised to bind the entity on whose behalf you act;
• You are at least 18 years of age.

The Service is not intended for consumer use, and consumer protection legislation shall not apply.

3. Accounts and Security

Access to the Service requires registration of an account. You shall:

• Maintain the confidentiality of login credentials;
• Ensure access is limited to authorised personnel;
• Be fully responsible for all activity occurring under your account.

You shall notify us without undue delay upon becoming aware of any unauthorised access or security breach.

We shall not be liable for loss or damage arising from unauthorised access resulting from your failure to safeguard credentials.

4. Subscription and Payment

4.1 Fees

Access to the Service is provided on a subscription basis for the term selected at checkout or agreed in writing. Fees are exclusive of VAT and other applicable taxes.

4.2 Renewal

Subscriptions renew automatically for successive periods equal to the initial term unless cancelled prior to renewal.

4.3 Upgrades and Downgrades

Plan upgrades take effect immediately and may result in pro-rated charges. Plan downgrades take effect at the end of the current billing cycle.

4.4 Trials

Where a free trial is offered, it converts automatically into a paid subscription unless cancelled before expiry.

4.5 Cancellation

You may cancel at any time via account settings. Cancellation takes effect at the end of the active billing period. No refunds shall be issued for unused time.

4.6 Refunds

Refunds are only provided in cases of:

• Duplicate billing;
• Billing errors;
• Statutory legal requirements.

4.7 Late Payment

If payment is not received when due:

• We may suspend access on 14 days' written notice;
• Interest shall accrue at 8% per annum above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Regulations 2013;
• We may terminate the subscription for material breach.

4.8 Price Changes

We may amend subscription pricing upon renewal with prior notice.

5. Acceptable Use

You shall not:

• Reverse engineer, decompile, or attempt to derive source code;
• Circumvent security mechanisms or rate limits;
• Use the Service to conduct unauthorised scraping, intrusion testing, or credential stuffing;
• Use the Service to monitor systems without lawful authority;
• Publish benchmarking results without prior written consent;
• Resell, sublicense, or commercially exploit the Service without agreement;
• Deploy the Service in life-critical systems including aviation, medical, nuclear, emergency response, or military infrastructure.

You warrant that you possess all necessary rights and permissions to configure monitoring against any system.

6. Synthetic Monitoring Risk Allocation

The Service executes automated synthetic interactions with systems designated by you. You acknowledge and agree that:

• Synthetic testing may generate automated traffic detectable by third parties;
• Third-party platforms may apply defensive mechanisms, including rate limiting, IP blocking, account suspension, or automated countermeasures;
• You are solely responsible for configuring monitoring responsibly and lawfully.

To the fullest extent permitted by law, we disclaim liability for:

• Service disruption caused by synthetic traffic;
• Loss of revenue or business interruption;
• IP blacklisting or access restrictions;
• Inaccurate metrics, false positives, or missed alerts;
• Downstream loss resulting from reliance on monitoring outputs.

You shall indemnify and hold harmless the Company from any third-party claims arising out of your monitoring configuration or use of the Service.

7. API Access

Where API functionality is provided:

• Usage is subject to rate limits and fair use;
• We may throttle or suspend API access to protect platform integrity;
• API functionality may be modified or withdrawn at any time.

No minimum availability is guaranteed unless expressly agreed under a separate enterprise agreement.

8. Intellectual Property

All intellectual property rights in the Service, including software, documentation, branding, and derivative works, remain vested in the Company.

You retain ownership of configurations, scripts, and data submitted by you.

You grant us a non-exclusive, worldwide, royalty-free licence to host, process, execute, and store such materials for the purpose of providing the Service.

We may use anonymised and aggregated data for analytics, security enhancement, and product improvement.

9. Suspension and Termination

We may suspend or terminate access immediately where:

• You commit a material breach;
• Payment is overdue;
• Use presents a security, legal, or reputational risk;
• Fraudulent or abusive conduct is suspected.

Upon termination:

• Access to the Service shall cease immediately;
• We may delete stored monitoring data in accordance with our retention policies.

Termination shall not affect accrued rights or obligations.

10. Service Provision

The Service is provided on an "as available" and "as is" basis. We do not warrant uninterrupted or error-free operation. Features may be modified, enhanced, or discontinued at any time.

11. Limitation of Liability

Nothing in these Terms excludes liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation;
• Any liability which cannot lawfully be excluded.

Subject to the above:

• Our total aggregate liability arising under or in connection with the Service shall not exceed the total fees paid by you in the 12 months preceding the claim;
• We shall not be liable for indirect, incidental, consequential, or special losses, including loss of profit, revenue, goodwill, anticipated savings, or data;
• Any claim must be commenced within 12 months of the event giving rise to it.

12. Data Protection

We act as:

• Controller in respect of account and billing data;
• Processor in respect of monitoring data.

Our Privacy Policy and Data Processing Addendum form part of these Terms.

By using the Service, you consent to processing of personal data in accordance with our Privacy Policy and Data Processing Addendum.

13. Force Majeure

We shall not be liable for any delay, failure, or interruption in performance resulting from causes beyond our reasonable control, including, without limitation:

• Acts of God, fire, flood, earthquake, or other natural disasters;
• Cyber-attacks, malware, ransomware, or other malicious digital activity;
• Failure, disruption, or unavailability of telecommunications, internet, or cloud infrastructure;
• Governmental action, regulation, embargo, or expropriation;
• Strikes, labour disputes, or industrial action;
• Power outages or failure of utilities;
• Events affecting third-party providers, including hosting, payment, or integration services;
• War, terrorism, civil unrest, or riots;
• Any other event beyond our reasonable control which prevents us from providing or maintaining the Service.

14. Amendments

We may amend these Terms from time to time. Material amendments shall be notified prior to taking effect. Continued use constitutes acceptance.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.