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TERMS OF SERVICE

Last Updated: July 30, 2026

Welcome to ZAMAQO PTY Ltd ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our website, cloud-based QA software tools, automated testing engines, APIs, and any related quality assurance services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Order of Precedence & Governing Contracts

Superseding Executed Agreements: In the event of any conflict, ambiguity, or inconsistency between these website Terms of Service and any fully executed, written Master Services Agreement (MSA), Statement of Work (SOW), Enterprise Service Level Agreement (SLA), or formal commercial contract between you and ZAMAQO PTY Ltd, the terms of the fully executed written contract shall supersede and control.

2. Eligibility, Account Registration, and Jurisdiction

  • Account Creation: To access our QA tools, you must register for an account.

  • Information Accuracy: You must provide accurate, current, and complete information during registration.

  • Credentials Security: You are solely responsible for safeguarding your account passwords and for all activities that occur under your account.

  • Global Access: While we operate from South Africa, we provide Services to companies worldwide. You represent that your use of the Services complies with all applicable local, national, and international laws, regulations, and economic sanctions.

3. License Grant and Acceptable Use

  • Limited License: Subject to your compliance with these Terms (and any applicable subscription plan or commercial agreement), we grant you a revocable, non-exclusive, non-transferable, worldwide, limited license to access and use our QA testing tools solely for your internal software development, testing, and business operations.

  • Prohibited Actions: You explicitly agree that you will not, and will not permit any third party to:

    • Reverse engineer, decompile, or disassemble our proprietary testing engines or software tools.

    • Use our Services, interfaces, or outputs to build a competing software testing tool or quality assurance platform.

    • Attempt to breach, probe, bypass, or compromise the infrastructure, firewalls, or security protocols of our Services.

    • Automate scraping, crawling, or extracting data from our application interfaces without our explicit prior written consent.

4. Customer Data, Privacy, and Test Artifacts

  • Ownership of Inputs: You retain all intellectual property rights, ownership, and responsibility for the data, source code, binaries, applications, and test configurations you upload, inject, or run through our testing tools ("Customer Data").

  • Service License to Us: You grant us a limited, worldwide, royalty-free, non-exclusive license to host, copy, transmit, and process your Customer Data solely to provide, support, maintain, troubleshoot, and optimize the QA software tools for your account.

  • Data Protection & Privacy: We implement and maintain commercial-grade administrative, physical, and technical safeguards designed to secure your Customer Data against unauthorized access or disclosure. Personal data processed in connection with the Services is handled in accordance with our Privacy Policy, applicable data protection laws including South Africa's Protection of Personal Information Act (POPIA), and, where applicable, the EU/UK General Data Protection Regulation (GDPR).

5. Intellectual Property Rights

  • Company Property: All right, title, and interest in and to our QA software tools, underlying codebases, algorithm design, proprietary frameworks, user interfaces, documentation, logos, and branding belong exclusively to ZAMAQO PTY Ltd.

  • Feedback Utilization: If you submit feedback, bug reports, feature requests, or optimization suggestions regarding our QA tools, you grant us an unrestricted, perpetual license to implement those improvements without financial compensation or obligation to you.

6. Third-Party Services and Platform Integrations

  • API Dependencies: Our Services interact with external platforms, including but not limited to the Google Cloud Ecosystem, Google OAuth APIs, and public or private code repositories.

  • Compliance with Ecosystems: Your deployment of integrations within our tools is subject to the terms, operational policies, and privacy mandates of those respective third-party providers. You are responsible for configuring your app sandboxes and maintaining your own verified developer status on external consoles where required.

7. International Compliance and Regional Protections

As a business serving a global clientele, we recognize specific regional legal frameworks and integrate the following mandates:

  • European Union (EU) & EEA: If you operate within the European Economic Area (EEA), nothing in these Terms will restrict or affect your statutory rights under European Union commercial frameworks or local mandatory consumer protections (if acting as a consumer). For B2B enterprise entities, liability limitations in Section 8 apply to the maximum extent permitted by applicable law.

  • United Kingdom (UK): We recognize applicable statutory limits on unfair contract terms. These Terms do not exclude or restrict our liability for fraudulent misrepresentation or death/personal injury caused by our direct negligence.

  • United States (USA): You explicitly agree that your use of our QA testing platforms complies fully with United States export controls, economic sanctions administered by the Office of Foreign Assets Control (OFAC), and local digital trade regulations.

8. Disclaimers and Limitation of Liability

  • "As-Is" Provisions: The software tools are provided strictly on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  • QA Specific Disclaimers: Quality assurance, bug catching, and automation routines are structural indicators. We do not warrant that our software tools will identify every software bug, defect, or vulnerability in your applications, nor do we warrant that your application's subsequent deployment will be uninterrupted or error-free.

  • Liability Cap: To the maximum extent permitted by applicable law, ZAMAQO PTY Ltd shall not be liable for any indirect, incidental, special, exemplary, or consequential damages, or any loss of profits, enterprise revenue, software code, or operational downtime. Our total cumulative liability for all claims arising out of or related to these Terms shall not exceed the total financial amount actually paid by you to us for the specific Services during the twelve (12) months immediately preceding the event giving rise to liability.

9. Termination

  • Operational Suspension: We reserve the right to suspend, throttle, or terminate your active account, credential pools, or API access to the QA tools if you fail to settle outstanding commercial fees or breach any provision outlined in these Terms.

  • Data Retention Post-Termination: Upon the termination or closure of your user account, your operational license to utilize the software tools ceases instantly. We reserve the right to delete, purge, or scrub your stored test configurations, history logs, and artifacts in alignment with our baseline standard data erasure policies.

10. Governing Law, Venue, and Severability

  • Governing Jurisdiction: These Terms, and all claims or disputes arising out of or in connection with them, shall be governed by, interpreted, and construed in accordance with the laws of South Africa, without giving effect to any principles of conflicts of law.

  • Dispute Venue: Any formal legal actions, arbitrations, or judicial proceedings arising under these Terms shall be brought exclusively before the competent courts located in Cape Town, South Africa, and both parties explicitly consent to the personal jurisdiction of such courts.

  • Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

  • Entire Agreement: Subject to Section 1 (Order of Precedence), these Terms constitute the entire agreement between you and ZAMAQO PTY Ltd regarding your website and self-serve platform access.

11. Modifications to Terms

  • Policy Updates: We reserve the right to modify, adapt, or update these Terms at any time. We will communicate material changes by posting the revised version directly to our website platform and updating the "Last Updated" timestamp at the top of this document. Continued usage of our QA platforms following an update constitutes active acceptance of the modified conditions.

12. Contact Information

If you have any questions, regulatory inquiries, or legal concerns regarding these Terms of Service, please reach out to us at:

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