Terms of Service Agreement

Last Updated: December 1, 2025

This Terms of Service Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“User” or “you”) and Statnetics, LLC d/b/a CloudQA (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://cloudqa.io website as well as any browser extensions, local agents, mobile applications, or related services (collectively, the “Service”).

By accessing or using the Service, you agree that you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time. We will alert you about any changes by updating the “Last Updated” date of this Agreement.

1. NATURE OF SERVICE AND LICENSE GRANT

1.1 SaaS License: Subject to your compliance with these Terms and payment of applicable fees, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes—specifically for the automated testing, monitoring, and quality assurance of web applications.

1.2 Restrictions: You agree not to: (a) reverse engineer, decompile, or disassemble the Service; (b) unauthorizedly access the Service to build a competitive product; (c) sell, resell, rent, or lease the Service to any third party (unless authorized as a partner); (d) remove any proprietary notices or labels; or (e) use the Service for any illegal purpose.

2. TESTING AUTHORIZATION & USER RESPONSIBILITY

2.1 Authorized Targets Only: You represent and warrant that you own, or have obtained express written permission from the owner of, any domain, URL, application, or IP address that you target, scan, or test using the Service.

2.2 Prohibited Testing: You agree NOT to use the Service to perform Denial of Service (DoS) attacks, intentional degradation of third-party services, or unauthorized security penetration testing.

2.3 Indemnification for Testing: You assume full responsibility for any consequences resulting from your testing activities. You agree to defend, indemnify, and hold Statnetics, LLC harmless from any claims, damages, or legal actions arising from your testing of a website or application, including claims of unauthorized access or interference.

3. ACCOUNTS AND SECURITY

3.1 Account Security: You are responsible for maintaining the confidentiality of your login credentials. You accept responsibility for all activities that occur under your account. 3.2 Account Integrity: You agree to provide true, accurate, current, and complete information during registration. If we have reasonable grounds to suspect that such information is untrue, we have the right to suspend or terminate your account.

4. INTELLECTUAL PROPERTY & AI DATA RIGHTS

4.1 Company Ownership: The Service, including its "record and playback" technology, source code, databases, functionality, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us and are protected by copyright and trademark laws.

4.2 User Data: You retain all rights, title, and interest in and to your test scripts, test data, and application code (“User Data”).

4.3 AI & Machine Learning License: You acknowledge that the Service may utilize Artificial Intelligence (AI) for features such as "Self-Healing Tests." You grant Company a perpetual, worldwide, royalty-free, non-exclusive license to use anonymized and aggregated User Data (excluding your proprietary source code or Personal Identifiable Information) to train, improve, and enhance the Company’s AI algorithms, machine learning models, and service capabilities.

4.4 Submissions & Feedback: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

5. PURCHASES, PAYMENT, AND CANCELLATION

5.1 Payment: Services are billed in advance on a monthly or annual basis. You authorize us to charge your chosen payment provider for any such purchases. 5.2 Auto-Renewal: If you subscribe to a recurring plan, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel. 5.3 Cancellation: You may cancel your subscription at any time via your account settings. Your cancellation will take effect at the end of the current paid term. There are NO REFUNDS for partial months or unused portions of annual subscriptions. 5.4 Pricing Changes: We reserve the right to correct any errors in pricing and to change prices at any time. We will provide notice of any price changes before your next billing cycle.

6. SERVICE LEVEL & DISCLAIMERS

6.1 Availability: We aim to maintain 99.9% Service uptime, excluding scheduled maintenance. However, the Service is provided "AS IS" and "AS AVAILABLE." 6.2 Disclaimer of Warranties: COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE AUTOMATED TESTS WILL FIND ALL BUGS, THAT THE SERVICE WILL BE ERROR-FREE, OR THAT AI-GENERATED RESULTS WILL ALWAYS BE ACCURATE. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF AUTOMATED TESTING TOOLS.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL STATNETICS, LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold Company harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Service; (2) your violation of this Agreement; (3) your violation of any rights of a third party, including intellectual property rights; or (4) any overt harmful act toward any other user of the Service.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 Governing Law: This Agreement and your use of the Service are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. 9.2 Venue: Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Miami-Dade County, Florida. 9.3 Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures.

10. PRIVACY & DATA PROTECTION

We care about data privacy and security. Please review our Privacy Policy. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into this Agreement. You acknowledge that your data may be transferred to and processed in the United States.

11. ELECTRONIC COMMUNICATIONS

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.

12. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

13. CONTACT US

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:

Statnetics, LLC 1900 N Bayshore Dr., #4101 Miami, FL 33132 United States Email: info@cloudqa.io Phone: (786) 695-1091

© 2025 All rights reserved. Statnetics, LLC.