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1. Acceptance of Terms
By accessing or using TC Manager ("the Service"), a SaaS test case management platform operated by [COMPANY_NAME] ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.
These Terms apply to all visitors, users, and others who access or use the Service, including individual users and organizations ("Customers").
2. Account Terms
- You must provide accurate, complete, and current information when creating an account.
- You are responsible for maintaining the security of your account credentials. You must not share your password or API keys with unauthorized parties.
- You are responsible for all activity that occurs under your account, whether or not you authorized it.
- You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Service.
- A single person or legal entity may maintain no more than one free account.
- You must promptly notify us if you become aware of any unauthorized access to or use of your account.
3. Payment and Billing
- Certain features of the Service require a paid subscription. By selecting a paid plan, you agree to pay the applicable fees as described on our pricing page.
- Subscription fees are billed in advance on a monthly or annual basis, depending on the plan selected.
- All fees are exclusive of applicable taxes, which you are responsible for paying.
- We use Stripe as our payment processor. By providing your payment information, you agree to Stripe's terms of service.
- We reserve the right to change our pricing with at least 30 days' notice. Price changes will take effect at the start of the next billing cycle after the notice period.
- Failure to pay may result in suspension or termination of your account.
4. Cancellation and Refunds
- You may cancel your subscription at any time through your account settings or by contacting us at [CONTACT_EMAIL].
- Upon cancellation, your subscription will remain active until the end of the current billing period. No partial refunds are provided for unused time within a billing period.
- If you cancel, your data will remain accessible in read-only mode for 30 days after the end of your billing period. After that, your data may be permanently deleted.
- We may offer refunds at our sole discretion on a case-by-case basis. To request a refund, contact us at [CONTACT_EMAIL].
- If we terminate your account for a violation of these Terms, no refund will be issued.
5. Data Ownership
- You retain all rights to the data, content, and materials you upload, create, or store in the Service ("Your Data").
- We do not claim any ownership rights over Your Data. We will not access, use, or share Your Data except as necessary to provide the Service, comply with the law, or as described in our Privacy Policy.
- You grant us a limited, non-exclusive license to host, store, back up, and transmit Your Data solely for the purpose of providing the Service to you.
- You may export Your Data at any time using the export features available in the Service.
- We are not responsible for the loss of Your Data except where caused by our gross negligence or willful misconduct. You are responsible for maintaining your own backups.
6. Acceptable Use
You agree not to use the Service to:
- Violate any applicable laws, regulations, or third-party rights.
- Upload or transmit viruses, malware, or any other malicious code.
- Attempt to gain unauthorized access to the Service, other accounts, or related systems or networks.
- Interfere with or disrupt the integrity or performance of the Service.
- Use the Service for any illegal, fraudulent, or harmful purpose.
- Reverse engineer, decompile, or disassemble any part of the Service.
- Scrape, crawl, or use automated means to access the Service beyond the intended API or interface, except as permitted in writing.
- Resell, sublicense, or redistribute the Service without our prior written consent.
We reserve the right to suspend or terminate accounts that violate this section, with or without notice.
7. Intellectual Property
The Service and its original content (excluding Your Data), features, and functionality are and will remain the exclusive property of [COMPANY_NAME] and its licensors. The Service is protected by copyright, trademark, and other laws.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
We welcome feedback, suggestions, and ideas about the Service. However, any feedback you provide may be used by us without any obligation to you.
8. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
- The Service will function uninterrupted, securely, or be available at any particular time or location.
- Any errors or defects will be corrected.
- The Service is free of viruses or other harmful components.
- The results of using the Service will meet your requirements.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [COMPANY_NAME], ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of (or inability to access or use) the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; or
- Unauthorized access, use, or alteration of your transmissions or content.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
10. Indemnification
You agree to defend, indemnify, and hold harmless [COMPANY_NAME] and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:
- Your use of and access to the Service;
- Your violation of any term of these Terms;
- Your violation of any third-party right, including any intellectual property or privacy right;
- Any claim that Your Data caused damage to a third party.
11. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, by posting the updated Terms on this page and, where possible, sending you an email notification.
What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the revised Terms.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which [COMPANY_NAME] is incorporated, without regard to its conflict of law provisions.
Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration body in the governing jurisdiction.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Contact
If you have any questions about these Terms, please contact us at:
Email: [CONTACT_EMAIL]
[COMPANY_NAME]