Qaptly

Terms of Use

Last Updated: October 16, 2025

These Terms of Use ("Terms") are entered into by DBAM AI LLC (located at 30 N Gould St Ste R, Sheridan, WY 82801, USA) ("Company," "we," "us," or "our") and apply to the DBAM AI Qaptly platform and its related APIs, websites, software, and cloud services (collectively, the "Service"). By registering, accessing, or using the Service, you agree to be bound by these Terms.

1. Service Description

The Service provides AI-powered testing tools, including test plan and test case generation, automation design, voice analysis, OCR, data processing, and related cloud-based functionalities. We may add, modify, suspend, or discontinue any part of the Service at any time.

2. Account and Security

You must provide accurate registration information and maintain the confidentiality of your account credentials. You are responsible for all activities under your account. We are not liable for losses resulting from unauthorized access to your account.

3. Intellectual Property

All software, algorithms, models, content, interfaces, documentation, and trademarks associated with the Service are owned by the Company or its licensors. You may not copy, modify, distribute, reverse engineer, create derivative works, or use the Service to build competing products.

4. Fees, Subscription, and Refunds

The Service offers monthly, annual, and additional usage-based plans. Fees are determined by the Company and may change. Cancellation prevents automatic renewal but does not guarantee a refund.

4.1 Annual Subscription Refunds

Used months are charged at the original monthly rate; unused months are refunded on a pro-rated basis. Transaction fees incurred during refunds are borne by the refund recipient.

4.2 Non-Refundable Periods

A billing month is considered used and non-refundable if any of the following actions occur: executing tests, generating AI content, consuming credits, or uploading data for processing.

4.3 Violations

No refunds will be provided if your account is terminated due to violation of these Terms.

4.4 Service Termination

If the Company terminates the Service, unused prepaid periods will be refunded on a pro-rated basis.

5. Acceptable Use

You may not:

  • Interfere with system operations or security mechanisms.
  • Reverse engineer, bypass authentication, or tamper with the Service.
  • Abuse APIs or generate excessive load.
  • Use the Service to build competing products.
  • Perform unauthorized scraping or automated collection.
  • Use the Service in medical, financial, governmental, or other high-risk fields without written authorization.

We may throttle or suspend usage that disrupts Service stability.

6. AI Output Disclaimer

AI-generated outputs may contain inaccuracies. You are solely responsible for evaluating and validating all outputs before using them.

7. Data Privacy, Retention, and Deletion

User data is processed solely to provide the Service and is not used for model training without explicit permission. You may request deletion of your data, except where retention is required for legal, billing, or security purposes. We may retain metadata necessary for audit, abuse detection, and compliance.

8. DMCA Notice

If you believe your copyrighted material has been used within the Service without authorization, you may submit a DMCA takedown notice to the Company’s designated agent.

9. Export Compliance

You represent that you are not located in a country subject to U.S. sanctions and are not a prohibited party under U.S. export control laws. You agree not to use the Service in violation of such laws.

10. Limitation of Liability

The Service is provided "as is" without warranties of any kind. We are not responsible for interruptions, inaccuracies, or losses arising from third-party services, network issues, or force majeure. The Company’s aggregate liability shall not exceed the fees you paid in the preceding 12 months.

11. Termination

We may suspend or terminate your access to the Service for violations of these Terms, overdue payments, security risks, abuse, or other actions that harm the Service.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, USA.

12.2 Arbitration

Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The seat of arbitration is Wyoming, USA, and the language is English. The arbitral award is final and may be enforced in any court of competent jurisdiction.

12.3 Class Action Waiver

You waive the right to participate in class actions, collective actions, and representative proceedings.

12.4 Consumer Protection

If mandatory local consumer protection laws prohibit the exclusion of judicial jurisdiction, those laws may apply to the extent required.