QualTrue Terms of Service

Draft for legal review

These Terms of Service (“Terms”) govern access to and use of the QualTrue website and QualTrue software service (“Service”) provided by QualTrue (“QualTrue,” “we,” “us,” or “our”). By accessing the website, requesting or using the Service, or accepting an agreement that incorporates these Terms, you agree to be bound by them. If you are using the Service for a company or other organization, you represent that you have authority to bind that organization.

QualTrue provides software intended to help manufacturers record, organize, manage, and document inspection information and related quality evidence and records. The Service is an inspection-execution tool. It does not itself determine whether a product is acceptable, guarantee product quality, certify compliance, or replace Customer’s quality system, inspection procedures, engineering judgment, regulatory obligations, certifications, or professional responsibilities.

The Service is intended for business and professional use. Customer is responsible for ensuring that its Authorized Users are permitted to use the Service and that use complies with applicable law and Customer’s internal policies.

Customer retains its rights in Customer Data, including inspection records, measurements, photographs, notes, evidence, and other quality information submitted to the Service. Customer grants QualTrue a limited, non-exclusive right to host, copy, process, transmit, display, and otherwise use Customer Data only as reasonably necessary to provide, maintain, secure, support, troubleshoot, and improve the Service, comply with law, enforce these Terms, or as otherwise agreed with Customer.

QualTrue does not claim ownership of Customer’s inspection records or quality evidence. Customer is responsible for ensuring it has all rights and permissions necessary to submit Customer Data.

QualTrue may provide AI-assisted functionality. AI-generated or AI-assisted content is provided as an aid and may be inaccurate, incomplete, or inappropriate for a particular situation. Customer must review and validate AI-assisted output before relying on it for inspection, quality, safety, regulatory, contractual, or business decisions. AI features do not transfer Customer’s inspection or quality responsibility to QualTrue.

Customer and Authorized Users may not use the Service to violate law or third-party rights; obtain unauthorized access; interfere with or disrupt the Service; introduce malicious code; probe or circumvent security controls; reverse engineer or attempt to extract source code except where legally permitted; impersonate another person; transmit unlawful or harmful material; or use the Service for fraudulent, abusive, or technically harmful purposes.

Where a plan is described as providing unlimited users, inspections, or evidence packets, such use is subject to reasonable use consistent with the intended operation of the Service. QualTrue does not impose arbitrary limits on ordinary business use. We may take reasonable protective measures against automated abuse, fraudulent activity, unusually excessive traffic, attempts to overload infrastructure, or use that materially threatens Service availability, security, or other customers.

Unless a written agreement states otherwise, each Subscription covers one manufacturing Site. Customer must obtain a separate Subscription for each additional Site. Using a Subscription across multiple Sites without authorization may result in additional charges, required purchase of additional Subscriptions, suspension, or termination, subject to reasonable notice and an opportunity to cure where practicable.

QualTrue and its licensors retain all rights in the Service, website, software, interfaces, designs, documentation, trademarks, and other QualTrue materials. Except for the limited rights expressly granted under these Terms, no ownership rights are transferred to Customer. Customer may not copy, sell, sublicense, distribute, or create derivative works from QualTrue materials except as permitted by these Terms or law.

If Customer provides suggestions, ideas, or feedback regarding the Service, QualTrue may use that feedback without restriction or compensation, provided that QualTrue does not thereby obtain ownership of Customer Data.

Each party may receive non-public information from the other that is reasonably understood to be confidential (“Confidential Information”). The receiving party will use reasonable care to protect Confidential Information and use it only for the purposes of the relationship. Confidential Information does not include information that is public without breach, already lawfully known, independently developed, or lawfully received from another source without a duty of confidentiality. A party may disclose Confidential Information when required by law, after providing notice where legally permitted.

QualTrue may rely on third-party hosting, infrastructure, email, security, communications, AI, and other service providers. Third-party services may be subject to their own terms and availability. QualTrue is not responsible for failures caused solely by a third party outside QualTrue’s reasonable control, although QualTrue will use reasonable efforts to address material service issues within its control.

QualTrue does not guarantee 100% uptime or uninterrupted, error-free, or continuously available operation. Service availability may be affected by maintenance, updates, infrastructure issues, third-party failures, telecommunications or internet problems, security events, or circumstances beyond reasonable control. QualTrue may modify, improve, add, or discontinue features from time to time.

QualTrue uses reasonable safeguards designed to protect Customer Data. However, no system can guarantee that data will never be lost, corrupted, damaged, altered, disclosed, or become unavailable. Customer should maintain appropriate copies or exports of records that it must retain for legal, regulatory, contractual, quality, or business purposes.

QualTrue provides support through channels and during times communicated to customers. Support levels, response targets, and any service commitments may be described in an applicable order, plan, or separate written agreement. Unless expressly agreed otherwise, support is provided on a reasonable-efforts basis.

QualTrue may suspend or terminate access when reasonably necessary because of material breach, nonpayment, unauthorized multi-Site use, fraud, unlawful activity, unauthorized access, malicious code, interference, material security risk, or other conduct that threatens the Service, QualTrue, or other customers. Where practicable, QualTrue will provide notice and an opportunity to cure. Immediate action may be taken when reasonably necessary to protect security, availability, legal compliance, or other users.

When access ends, Customer’s right to use the Service ends. Customer should export Customer Data before termination or before any applicable retention period expires. QualTrue may maintain Customer Data for a limited period after termination for export, backup, legal, security, dispute, or legitimate business purposes, after which it may be deleted or anonymized. Specific retention terms may be stated in an applicable customer agreement.

Customer is responsible for determining whether its use of the Service, inspection process, records, retention practices, and quality decisions satisfy applicable laws, regulations, customer contracts, certifications, standards, and industry requirements. QualTrue does not represent that use of the Service alone establishes compliance with any particular regulatory, contractual, or quality requirement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, WEBSITE, AND RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUALTRUE DISCLAIMS IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH DISCLAIMERS ARE NOT PERMITTED. QUALTRUE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT INSPECTION RESULTS, RECORDS, OR DATA WILL ALWAYS BE ACCURATE, COMPLETE, PRESERVED, OR AVAILABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUALTRUE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE, INCLUDING SERVICE INTERRUPTION, DATA LOSS, OR RELIANCE ON INSPECTION INFORMATION. QUALTRUE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT CUSTOMER PAID TO QUALTRUE FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS GREATER. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless QualTrue and its officers, employees, and agents from claims, damages, liabilities, costs, and expenses arising from Customer’s or its Authorized Users’ unlawful use of the Service, material violation of these Terms, or infringement of a third party’s rights through Customer Data or use of the Service.

QualTrue is not responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, labor disruptions, governmental actions, internet or telecommunications failures, widespread security incidents, infrastructure failures, or failures of third-party providers.

The public QualTrue website may contain informational materials, product descriptions, pilot-request forms, and links to third-party resources. Website content is provided for general business information and may change without notice. By submitting contact or pilot information, you authorize QualTrue to use it to respond to your request and for related business communications consistent with the Privacy Policy.

QualTrue may update these Terms as the Service, business practices, or legal requirements change. Updated Terms will be posted with a revised date. Where required by law or appropriate for a material change, QualTrue may provide additional notice. Continued use after the effective date of updated Terms constitutes acceptance to the extent permitted by law.

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

Questions concerning these Terms may be sent to contact (at) qualtrue.com. Website: https://qualtrue.com.

This document is a comprehensive business draft for legal review. QualTrue should have qualified counsel review the final Terms before publication, particularly the governing law, liability, indemnification, privacy, data-processing, and state-specific provisions.