User Terms of Service for VeloAI Testing Co-pilot SaaS

1. Introduction

These User Terms of Service (the “User Terms”) govern your access and use of Inspired Testing’s VeloAI Testing Co-pilot Software as a Service (the “Services”). Please read them carefully. By accessing or using the Services, you agree to comply with these User Terms and associated VeloAI Acceptable Use Policy. If you do not agree, you must not use the Services.

We’re thrilled to have you on board!

2. Definitions

All definitions applicable to these User Terms, the Acceptable Use Policy, and the Privacy Policy are provided in Schedule 1 at the end of this document.

3. First Things First

These User Terms are Legally Binding

These User Terms constitute a legally binding agreement between you and Inspired Testing (referred to as “we,” “our,” or “us”). By accessing or using the Services, or by continuing to do so after any changes to these User Terms, you confirm that you have read, understood, and agree to be bound by the VeloAI User Terms and our Acceptable Use Policy, which is incorporated herein by reference.

4. User Eligibility and Access

You must be at least 18 years old or the legal age of majority in your jurisdiction, whichever is higher, to use VeloAI.
If you are using VeloAI on behalf of an organisation (the “Client”), your access is subject to the agreement between the Client and Inspired Testing.
If you use VeloAI as an individual, you enter a direct agreement with Inspired Testing as the Client.

5. How VeloAI Works

Users receive credits to perform actions within VeloAI. These credits are managed based on agreements between the Client and Inspired Testing.
If your credits are exhausted, you must contact your Client Administrator or VeloAI Administrator for assistance and further allocation.

6. User Responsibilities

Users must:

Adhere to these User Terms, the Acceptable Use Policy, and the Privacy Policy.
Comply with Client policies relevant to the use of VeloAI.
Ensure all permissions necessary to process Client data within VeloAI.
Report issues with VeloAI to the Client or VeloAI Administrator in a timely manner.

We provide VeloAI “as is” and “as available”, with no guarantees or warranties.

7. Restrictions and Compliance

Users must adhere to the Acceptable Use Policy and any Client policies.
VeloAI is not to be used for unlawful, harmful, or abusive activities.
Users are prohibited from unauthorised access, sharing login credentials, or reselling VeloAI services.

8. Termination

These User Terms remain effective until the Client’s subscription for you expires or terminates, or your access to VeloAI has been terminated by the Client or us. Please contact the Client or the VeloAI Administrator if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms or the Acceptable Use Policy.

9. Third-Party Terms

VeloAI integrates with third-party tools, including but not limited to, JIRA, Azure, OpenAI, and CSV.

Specific privacy policies of Third-Party Services integrated with VeloAI include:

Atlassian JIRA: The privacy policy for JIRA integrations can be found at JIRA Privacy Policy.
CSV: For CSV imports and exports, data processing adheres to the data policies set by the Client, as CSV is a data format and not governed by a specific privacy policy.
Azure: The privacy policy for Azure integrations can be found at Microsoft Privacy Statement.
OpenAI: The privacy policy for OpenAI integrations can be found at OpenAI Privacy Policy.

Please note: This list is not exhaustive and Inspired Testing reserves the right to update and amend as and when required.

10. Abuse Monitoring.

You acknowledge and agree that Inspired Testing may monitor your use of the VeloAI for compliance with applicable limits on use. No Client Data or Output Content will be monitored by Inspired Testing but strict compliance with the Acceptable Use Policy must be adhered to at all times.

11. Additional Terms

Suspension - Inspired Testing may immediately suspend or terminate your access to VeloAI if Inspired Testing has a reasonable basis to believe that your Output Content or your use of a VeloAI or Output Content violates the Contract or the terms of these User Terms, the Acceptable Use Policy and the VeloAI Privacy Policy or for any other legal non-compliance.

If your access is suspended or terminated, you may contact us at legal@inspiredtesting.com to request additional clarification or to appeal the decision.

Changes to VeloAI - if a change in law or the interpretation of a competent court or authority results in the suspension or affects the delivery of the Services in any manner, Inspired Testing may reduce the scope of use or discontinue VeloAI at its sole discretion. Inspired Testing reserves the right to add, remove, or exchange AI models, in its sole discretion, at any time.

12. Limitation of Liability

Neither party shall be liable for lost profits, revenue, indirect, special, incidental, or consequential damages, except as required by applicable law. VeloAI is intended for business use, and liability is limited to the replacement, repair, or resupply of Services or a pro-rata refund for prepaid fees.

13. General Provisions

Notifications

We may provide notices to you via email. Notices may include changes to terms, service updates, or important account-related information. Ensure your account email address is up to date to receive these notifications promptly.

Notices to us must be sent to legal@inspiredtesting.com. Notices are deemed delivered the day after sending (for email).

Privacy Policy

For details on how Inspired Testing collects, processes, and protects your data in compliance with applicable laws, including GDPR and POPIA, please review our Privacy Policy. Your continued use of the Services constitutes your acceptance of the Privacy Policy.

Modifications

We may modify these User Terms and our Acceptable Use Policy from time to time. Material changes will be communicated with reasonable notice prior to the change through email at the email address associated with your account. You can review the most current version of the User Terms at any time by visiting this page. By continuing to use VeloAI after changes take effect, you agree to the revised terms.

Assignment

You may not assign these User Terms without our prior written consent. We may assign these terms in connection with a merger, acquisition, or sale of assets.

Governing Law

These User Terms are governed by the laws of the jurisdiction specified in the Contract or other Master Agreement concluded between the Parties . Any disputes will be resolved exclusively in the courts of that jurisdiction.

Entire Agreement

These User Terms, along with the VeloAI Licensing Agreement, Acceptable Use Policy, and Privacy Policy, form the entire agreement between the User, Client, and Inspired Testing. In case of conflict, the following order of precedence applies:

Master Agreement (if applicable)
User Terms
Acceptable Use Policy and Privacy Policy

14. Contacting Inspired Testing

If you have any questions or feedback about these User Terms, please contact us at legal@inspiredtesting.com.

Thank you for choosing VeloAI. We’re excited to support your journey towards smarter testing solutions!

Schedule 1 – Definitions.

Acceptable Use Policy (AUP): A set of guidelines outlining acceptable and unacceptable use of VeloAI services, ensuring a secure and ethical environment for all users.
Account Information: Details provided by a user to create or maintain their account, such as usernames, email addresses, and billing details.
Administrator: A person responsible for overseeing access to and management of VeloAI services, either as a Client Administrator or VeloAI Administrator.
AI Oversight: The human monitoring and verification of outcomes generated by VeloAI to ensure they are accurate, relevant, and compliant with applicable standards and regulations.
Client: The organisation, entity, or individual that has entered into an agreement with Inspired Testing to use VeloAI services.
Client Administrator: The person designated by the Client with elevated permissions to manage VeloAI usage and integrate Output Content.
Client Content / Client Data: Any data owned by the Client and processed through VeloAI, including Input Content and Output Content, but excluding Service Data.
Confidential Information: Any non-public, proprietary, or sensitive data or information submitted by a Client or User that requires protection under applicable agreements and laws.
Consent: Voluntary permission provided by a User or Client for specific uses of their data, in compliance with GDPR and POPIA regulations.
Contract: The VeloAI Software Licensing Agreement or Master Services Agreement setting out terms between the Client and Inspired Testing.
Credit/Token: Units allocated to a User by the Client to enable actions within VeloAI, such as generating Output Content.
Data Protection Authority: A government body or public authority responsible for enforcing data protection laws in a specific jurisdiction.
Force Majeure: Events beyond the control of Inspired Testing, such as natural disasters or internet outages, that may affect its ability to deliver services under the terms of the agreement.
GDPR: General Data Protection Regulation, the legal framework governing data protection and privacy within the European Union.
Human Oversight: The process of verifying AI-generated outcomes by skilled human users to ensure compliance with applicable standards, laws, and accuracy.
Input Content: Any data provided by the Client or User for processing in VeloAI, such as text, files, or prompts, to generate Output Content.
Inspired Testing: The service provider offering VeloAI services, responsible for delivering and maintaining the platform.
Login Credentials: A combination of a username and password or other secure authentication methods enabling authorised access to VeloAI.
Metadata: Information about other data collected automatically by VeloAI, such as timestamps, system logs, or usage metrics, to enhance operational functionality.
Output Content: Any data, text, image, code, or other content generated by VeloAI based on Input Content.
Other Information: Data collected by VeloAI beyond Client Content, such as feedback, account setup details, or metadata, to enhance its functionality.
Personal Data: Any information that identifies or can be used to identify an individual, subject to protections under GDPR and POPIA.
POPIA: Protection of Personal Information Act, the South African legal framework for data protection and privacy.
Prohibited Activities: Specific actions disallowed under the Acceptable Use Policy, such as unauthorised access, data exploitation, or harmful conduct.
SaaS (Software as a Service): A delivery model for software applications hosted on the cloud and accessed via the internet, such as VeloAI.
Security Overview: The set of security measures and practices implemented by VeloAI to safeguard Client Data, as detailed in separate documentation.
Service Data: Technical data collected or generated during the operation of VeloAI, such as logs, analytics, and system metrics, not including Client Content.
Third-Party Services: External tools or integrations authorised by the Client to enhance the functionality of VeloAI, such as JIRA, OpenAI, and Azure.
User: Any individual authorised by the Client or Inspired Testing to access and use VeloAI services.
VeloAI: An AI-powered Software as a Service (SaaS) designed to enhance software quality assurance processes by automating routine tasks, generating test scripts, and providing testing insights.
VeloAI Administrator: The individual designated by Inspired Testing to manage and provide access to VeloAI for authorised users.
Violation: Any breach of the Acceptable Use Policy, User Terms, or Privacy Policy, potentially resulting in enforcement actions such as account suspension.