Acceptable Use Policy

This Acceptable Use Policy ("AUP") forms part of the SaaS Subscription Agreement (“Agreement”) between Qarmiq, Inc. and the Customer. It applies to all Users of the Qarmiq platform. Any material breach of this AUP shall constitute a material breach of the Agreement and entitle the Company exercise any rights or remedies available under the Agreement or applicable laws.

Unless otherwise defined in this AUP, capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement.

General principles

The Service is designed to enable Customers test, analyze and improve the quality and functionality of their own applications, and (for service providers and agencies) the applications of their end-clients with appropriate authorization. Customers and Users must use the Service solely for that purpose, in good faith, and in compliance with this AUP, the Agreement and applicable law.

Prohibited conduct

Customers and Users must not, and must not permit any third party to:

(i) Break the law. Use the Service for any purpose that is illegal under any law governing the Customer or the User.

(ii) Test without authorization. Use the Service to test, scan, probe, or interact with any application, system, or service that the Customer is not authorized to test. For agency or third-party engagements, the Customer must hold written authorization from the end-client before using the Service against that end-client's systems.

(iii) Harm Qarmiq infrastructure. Take any action that imposes an unreasonable or disproportionate load on the Service or infrastructure, interferes with its operation, or attempts to evade rate limits, quotas, or access controls.

(iv) Probe or attack the Service. Perform penetration testing, vulnerability scanning, or denial-of-service testing against the Service itself, except as expressly authorized in writing by Qarmiq.

(v) Circumvent security. Attempt to gain unauthorized access to any part of the Service, the accounts of other Customers, or any underlying infrastructure.

(vi) Reverse engineer. Reverse engineer, decompile, or disassemble any part of the Service, except to the limited extent expressly permitted by applicable law that cannot be contractually waived.

(vii) Share credentials. Share user credentials between individuals, or use a single user account for multiple humans.

(viii) Misuse AI features. Use the AI features of the Service to generate content that is unlawful, defamatory, hateful, harassing, or that infringes the rights of any third party; or to attempt to extract or reverse-engineer underlying model weights or prompts.

(ix) Upload harmful content. Upload or transmit through the Service any malware, ransomware, or other software designed to cause harm.

(x) Interfere with the Service. Interfere with, disrupt, or attempt to disrupt the integrity, security, availability, or performance of the Service or any networks or systems connected to it.

(xi) Process prohibited data. Use the Service to process personal data that the Customer does not have a lawful basis to process, or to process categories of data the Service is not designed for (for example, payment card data, protected health information, bio-metric, government issued identification numbers, or other sensitive special-category data) without first agreeing the additional safeguards with Qarmiq in writing.

(xii) Run test sessions against sensitive data without safeguards. Use Witness or the autonomous testing agent against an application containing real customer data, payment information, or special-category personal data without taking appropriate steps to protect such data (for example, using non-production test accounts and data, and using the Hide tool to remove sensitive regions from screenshots before they are sent). Witness does not read the values typed into form fields, but screenshots show the page as the tester sees it; the Customer is responsible for protecting sensitive information that is visible on screen if the use case requires it.

(xiii) Submit unauthorized content to AI features. Submit prompts to AI-assisted features that include data the Customer is not authorized to disclose to a third-party AI provider, or that include the personal data of third parties without an appropriate lawful basis. AI-assisted features may store the content of the prompt and the AI provider's response as Customer Data; the Customer must not submit content it is not legally authorized to store or process in this manner. The Customer is strictly prohibited from utilizing the Service, its outputs, or its data to train, develop, or improve any machine learning or artificial intelligence models without Qarmiq's prior written approval.

(xiv) Resell the Service. Resell, sublicense, or commercially redistribute the Service to third parties as a standalone offering, except as expressly permitted by the Customer's Order Form or a separate partner agreement with Qarmiq. (Using the Service to deliver testing services to end-clients of an agency Customer is permitted under the SaaS Subscription Agreement.)

(xv) Misrepresent identity. Misrepresent the identity of the Customer, a User, or the source of any submission to the Service.

(xvi) Infringe intellectual property rights. Upload, transmit, or otherwise use any content through the Service in a manner that infringes or misappropriates the intellectual property or other proprietary rights of any third party.

(xvii) Export Control. Access or use the Services in violation of any applicable sanctions, trade laws or export control.

(xviii) Analysis. Access or use the Service for the purpose of developing or supporting a competing product or service, or for any competitive analysis intended to replicate the functionality of the Service.

Reporting abuse

To report a suspected breach of this AUP by another Customer or User, please contact contact@qarmiq.ai.

Enforcement

If we reasonably determine that a Customer or User is in breach of this AUP, we may, in our reasonable discretion and in proportion to the breach:

(i) Notify the Customer and request remediation;

(ii) Suspend the affected User's access or, in serious cases, the Customer's access to the Service;

(iii) Where the breach is material and not cured within the period set out in the SaaS Subscription Agreement, terminate the affected Order Form or the Agreement;

(iv) Take such other action as may be necessary to protect the Service, other Customers, or third parties;

(v) Report suspected unlawful activities to, or cooperate with, law enforcement or regulatory authorities where required by applicable law.

For breaches that pose an immediate risk to the Service, Qarmiq's infrastructure, other Customers, or third parties, we may suspend access without prior notice and will notify the Customer as soon as reasonably practicable.

Qarmiq shall not be liable to the Customer, any User, or any third party for any loss of data, loss of profits, or operational disruption resulting from a suspension executed in good faith under this Section.

The exercise of any rights under this Clause shall be without prejudice to any other rights or remedies available to Qarmiq under the Agreement, applicable law, or in equity.

Indemnity

For the avoidance of doubt, any breach of this AUP shall be subject to the indemnity provisions contained in the Agreement, to the extent applicable.

Changes

We may update this AUP from time to time to reflect changes in our Service, applicable law, or industry practice. Material changes will be notified using reasonable means and will be effective on the date specified in the notice.

Severability

If any provision of this AUP is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Contact

Questions about this AUP can be sent to contact@qarmiq.ai.

Questions about this document can be sent to contact@qarmiq.ai.