Terms of Service

Terms of Service

MoQuality, Inc.
The Gist

We, the folks at MoQuality, run an AI based app testing service and would love for you to use it. MoQuality.com allows anyone to upload/link their apps to our service and build test cases for free, but we charge for executing the tests on real devices to find issues. Our service is designed to give you as much control and ownership over how your application is tested. However, remember that any abuse of the service, and using it to cause harm to other services (e.g., DOS attacks, or scraping information from other places) is strictly prohibited.

(These terms are adapted from Automattic's open-source legalese, available under a Creative Commons Sharealike license, which means you're more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you.)

Terms of Service

The following terms and conditions ("Terms") govern all use of the MoQuality.com website and all content, services, and products available at or through the website, including, but not limited to, App.MoQuality.com ("App"), Barista App for Android ("Barista"), and MoQuality Recorder App ("MQRecorder"), (taken together, our "Services"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MoQuality's Privacy Policy) and procedures that may be published from time to time by MoQuality (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. Your agreement is with MoQuality Inc, registered in the state of Georgia in the US.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by MoQuality, acceptance is expressly limited to these Terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Use of our Services requires a MoQuality.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. MoQuality.com and App.MoQuality.com

Your Account. If you create an account on MoQuality.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the applications under test. You must immediately notify MoQuality of any unauthorized uses of your account, or any other breaches of security. MoQuality will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. You are entirely responsible for the applications uploaded and their content. That is the case regardless of what form the application is uploaded in, which includes, but is not limited to application binaries (apk, ipa files), source code, or URLs. By using MoQuality.com, you represent and warrant that your artifacts uploaded do not violate these Terms. By submitting an application to MoQuality for testing, you grant MoQuality a world-wide, royalty-free, and non-exclusive license to use/run the application(s) for the purposes of testing it under you account. This license allows MoQuality to make high-level test metrics, relating to the efficiency and effectiveness of MoQuality's service, and learnt Machine Learning models available to third parties selected by MoQuality. You also give other MoQuality.com users permission to leverage the trained Machine Learning models to be able to test their applications effectively. Even if you cancel your account, MoQuality will have the rights to retain the learnt Machine Learning models from the testing of your application. MoQuality will have no obligation to provide a refund of any amounts previously paid.

Analytics. We use third party tools, Google Analytics and FullStory, Inc. (FullStory), to measure MoQuality.com’s audience and usage. You agree to MoQuality storing and analyzing your analytics and behavior data to improve its services.

Test Data. While testing the application under test, MoQuality might capture and store information about your application and use it for Machine Learning and training purposes. By upload your application on MoQuality.com and using the service, you agree to assign the test data relating to your application's user interface, network traffic and usage logs/recordings of the application to MoQuality and authorize us to leverage it for the purposes of testing and Machine Learning, to improve MoQuality's services.

Attribution. MoQuality reserves the right to display attribution text or links in the test reports generated, attributing MoQuality.com for generating the report for example. The attribution may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to MoQuality.com as an enterprise customer, and if the contract has verbiage to remove attribution.

Payment and Renewal.

General Terms. Paid services such as test execution, integrations or reporting are available (any such services, an "Plan"). By subscribing to a Plan you agree to pay MoQuality the monthly or annual subscription fees, along with any usage fee associated for the service as indicated. Subscription payments will be charged on a pre-pay basis on the day you sign up for an Plan and will cover the use of that service for a monthly or annual subscription period as indicated, and the usage fee for the prior month or annual term, if not already included in the subscription costs.

Automatic Renewal. Unless you notify MoQuality before the end of the applicable subscription period that you want to cancel a Plan, your Plan subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee and the usage fees for such Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Plans can be canceled at any time in the Accounts section of the MoQuality dashboard.

2. Copyright Infringement and DMCA Policy.

As MoQuality asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that materials uploaded by another user on MoQuality.com violates your copyright, you are encouraged to notify MoQuality. MoQuality will respond to all such notices, including as required or appropriate by removing the infringing material. MoQuality will terminate a uploader's access to and use of the app on its website if, under appropriate circumstances, the uploader is determined to be a repeat infringer of the copyrights or other intellectual property rights of MoQuality or others. In the case of such termination, MoQuality will have no obligation to provide a refund of any amounts previously paid to MoQuality.

3. Intellectual Property.

This Agreement does not transfer from MoQuality to you any MoQuality or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with MoQuality. MoQuality, MoQuality.com, the MoQuality logo, and all other trademarks, service marks, graphics and logos used in connection with MoQuality.com or our Services, are trademarks or registered trademarks of MoQuality or MoQuality's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any MoQuality or third-party trademarks.

4. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

5. Termination

MoQuality may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MoQuality.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. Disclaimer of Warranties.

Our Services are provided "as is." MoQuality and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MoQuality nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

7. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Atlanta, GA.

8. Arbitration Agreement.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Atlanta, GA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

9. Limitation of Liability.

In no event will MoQuality, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MoQuality under this Agreement during the twelve (12) month period prior to the cause of action. MoQuality shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the MoQuality Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

11. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and MoQuality reserves the right to terminate accounts or access of those in the event of a breach of this condition.

12. Indemnification.

You agree to indemnify and hold harmless MoQuality, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

13. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

14. Miscellaneous.

This Agreement constitutes the entire agreement between MoQuality and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MoQuality, or by the posting by MoQuality of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. 

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MoQuality may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

15. Questions

If you have any questions about these Terms, please contact us at [email protected]

16. Changelog

Feb 1, 2018: Published Terms of Service

Copyright 2018  © MoQuality Inc.