Terms of Service
Read the following terms and conditions carefully as it intends to build a legal agreement between you (the user) and Kualitatem (the parent company).
Kualitee has the authority to review or make alterations in the services or functions of the Software as long as we are compliant with the GDPR regulations without prior notice. The owner has the authority to alter Kualitee’s features, services, packages, and prices without notifying the user.
The website content cannot be copied, recreated, posted, or published to create derivative material without Kualitee’s written permissions and consent to get access to any of the webpage content related to the site for your professional use, personal use, or non-commercial usage. Additionally, you cannot use the content copy to generate any derivative work without our consent or prior approval. allowed to change the content and you are obligated to keep the website intact under the copyright laws and implied terms and conditions. Nonetheless, the lawful agreement remains the same for any downloads, accesses, or any associated usage from the site under propriety rights. All the notices and permission will be granted on the mentioned agreements. If you fail to comply with the legal instructions and notices stated on this web page, we reserve the rights to dismiss all the permissions granted to you without any notification. Following the user right termination policy, you must delete or remove all the downloads or any content copy under your control. You will be left with only a few rights excluding warrants under any copyrights, trademarks, or other patents and intellectual property policies. After that, you won’t be able to see or confront any sort of content from Kualitee’s website or application.
Information delivered on this webpage is not guaranteed and can be revised anytime if required as this site info may contain some technical errors or typos. Kualitee proclaims and shows no strict responsibility at keeping the site content updated or ensured after publishing it. According to these statements, you should authorize all the published information before deciding to make any downloads and use any of the services, tools, or any rights granted in this legal patent related to any services, products, or other matters described in this site. Kualitee does not guarantee its response to every question or difficulty raised even if the company promises to resolve a problem.
After getting registered on the Website, you can use Kualitee on a trial period for a fixed time span without any interventions. Though you will only use the Tool to understand its functions and not for the official and operational uses. Also, during the trial period, Kualitee has the authority to limit the features or Services. After the Trial Period terminates, the features or services will be hindered and the user’s account will be deactivated unless the user decides to continuously use the Tool for a monthly or yearly package based on the number of team members. In case, the user does not provide accurate credit card information or add in a substitute payment method within 15 days after the completion of the Trial Period, Kualitee is capable of automatically terminating the contract without any notices.
Termination of Service
The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract will terminate all subscriptions and all Order Forms.
The Parties may terminate this Agreement for any or no reason at all at their convenience with at least a week’s notice to the end of each billing cycle. Termination must be issued in text form (e.g. live chat, email or call) or by using the provided account closing mechanism (2Checkout Payment Gateway)
Kualitee does not look to accept any copyright information from you through its official web site and application. It is important to note that, any information or content delivered to Kualitee will not be considered confidential or sensitive. If you send any sort of information or material to the website, you allow Kualitee an irreversible permit to reproduce, freely use, distribute, transfer, publish, display, or recreate derivatives from the delivered information. After sending the information for any purpose, you automatically agree to let Kualitee reuse any ideas, information, plans, and constructs presented in that material or document. Nevertheless, your name or other information you send on the web site will remain secured unless:
i. We ask for your permission to use your identity, or as required by the law
ii. We inform you that the information you have submitted to any part of the website will be used or in some case with your name on it.
iii. The information you delivered to avail any services or tools will be managed just according to our own legal terms and conditions.
Global Reach and Availability
Kualitee, a product of Kualitatem Inc, information on the World Wide Web network is referenced and co-referenced on the World Wide Web network to provide its services and plans to its tools, products, sources, and plans that are legally not allowed for Kualitatem’s countries of incorporation. These referrals don’t suggest that Kualitee is about to release any of these tools, programs, or products in your state. You can access the local level business contact of the company and acquire them about the referenced services that might be available in your country.
This webpage might offer links to other websites and services not associated with Kualitee. However, Kualitatem or its tool are not responsible of representing warranted material or third-party repositories other than Kualitee’s that might be linked to or reachable from our website. Any reference or link to a non-Kualitatem and non-Kualitee website does not approve the material and its usefulness. Furthermore, Kualitee is not responsible for any transactions you may make to an outside party or resource, notwithstanding its connection or link to our website. After reading these statements, you are obliged to agree and follow the terms that Kualitee does not take the responsibility of you connecting or getting information from any third-party resource, tools, services, features, products, programs, or plans referenced to Kualitee. Please note that the website owners will not be liable to answer your queries after you have used any associated but external resource other than Kualitee. For further notice, anytime you reach a non-Kualitee content that might have Kualitee’s logo on it, it is your responsibility to not trust it and understand that it is totally independent from Kualitee’s website, material, tools, services, and software and is totally out of our website or application control or authority. Be aware of any third party resources and take precautionary measures to guard your system from any bugs, worms, viruses, ransoms, Trojan Horses and other threatening entities you would not want to harm your identity. Therefore, think carefully before using any third party resource linked to Kualitatem or Kualitee because it is always unguaranteed and insecure.
Referencing/Linking to this Site
All websites or repositories looking to link with Kualitee must be approved and quality assured, apart from that Kualitee only agrees to link to its website if the link and the webpages associated do not:
i. Change the website by using techniques that vary the display or visual representation of the site’s material
ii. Misinterpret or misinform your connection with Kualitee while website linking
iii. Entail or proclaim that this website endorses or validates your link, your website, or any other product, services or tool
iv. Exhibit or present incorrect or misrepresentative image of Kualitatem and Kualitee, or otherwise lose or mutilate the goodness connected to Kualitee and its copyright policies.
In addition, after being allowed to get linked to this website, you are bound to agree that Kualitee can take a decision and dismiss the granted permission to make a link to this website. In any such case, you are restricted to immediately remove and delete all the links allied to this website and stop using Kualitee trademark as soon as possible.
Right to Use
The Customer and the application user is permitted a limited, non-transferable, and non-exclusive, right to use the tool as a provision on the Website under the set out conditions mentioned in this agreement. You as a customer is not allowed any supplementary right to the Software or any related intellectual property of Kualitee. Additionally, you are not granted to generate counterfeits of the Software. User is not allowed to make variations in the patented and copyright notices, important numbers, or other specs that are linked with the Software’s identity. Kualitatem and Kualitee provides no warranties that this Website or application will always remain continuous, well-timed, protected, or error-free. By reading this, you agree that any download you make or any information, services, materials, content, programs, or products you obtain is based on your sole decision which frees Kualitee from taking a responsibility of your system damage, data loss, or any timeouts.
This agreement constitutes a legislative contract between the customer and the Service provider. The customer can disagree to any of the terms under a 7-day return policy or under 15 days of their trial period, otherwise the disagreement will be deemed to be an error or omission. Further, these Terms and Conditions and Services can be anytime modified by Kualitee. The users will be notified by an email about the new alterations made in the Software without inevitably putting in the changes made.
Service Level Agreement (SLA)
Version 1.5 – August 2017
This Kualitee Service Level Agreement (“SLA”) between Kualitee, (“Kualitee”, “us” or “we”) and users of the Kualitee Service (“you”) governs the use of the cloud-based test management services under the provisions of the Kualitee’s Terms of Service (the “Terms”).
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.
This SLA applies separately to each of your domains, as defined in the Terms. This SLA does not apply to Shared domains or anything similar.
1. Kualitee service Commitment: 99.95% Uptime
Kualitee will use commercially reasonable efforts to keep the services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.
“Maintenance” means scheduled Unavailability of the Test Management Services, as announced by us prior to the Services becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Test Management Services were unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.
“Unavailable” and “Unavailability” mean, for cloud services, app services and databases, when your service or database is not running or not reachable due to Kualitee’s fault. This excludes (a) services that are unreachable or not running because of any provisioned resources like (RAM, CPU, disk, as applicable) are insufficient; and (b) members of a database cluster where the cluster as a whole is running and reachable.
3. Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges due on your Kualitee invoice for the monthly/Annually billing cycle in which the Unavailability occurred, applied as per Kualitee’s directive.
We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Kualitee. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly or annually billing cycle is greater than one dollar ($40 USD). Service Credits may not be transferred or applied to any other account.
4. Sole Remedy
Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
5. Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by emailing email@example.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: the words “SLA Credit Request” in the subject line;
the dates and times of each Unavailability incident that you are claiming;
the account handle(s); and
logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
6. SLA Exclusions
The Service Commitment does not apply to any Unavailability:
That results from a suspension or Remedial Action, as described in the Terms;
Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Kualitee’s network;
That results from any actions or inactions of you or any third party;
That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
That results from failures of Cloud Services not attributable to Unavailability; or
That results from any Maintenance.
If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.