Terms of Service

Your privacy is important to us.

Our Privacy Policy describes the information we collect and how we process, store, disclose, and use that information. The ArbiterQA Privacy Policy is incorporated into these Terms.

Where applicable, our processing of User Data may also be governed by a Data Processing Addendum. If a DPA conflicts with these Terms regarding processing of personal data, the DPA controls.

“Services” or “Platform Services” means the ArbiterQA products and services whether purchased under an Order Form, accessed through an account, accessed through an API or other programmatic interface, or provided on a trial or free basis.

ArbiterQA provides automated quality assurance and validation capabilities that may include:

• rendering websites, URLs, emails, or other digital content;
• capturing screenshots, images, rendered content, source content, or related artifacts;
• receiving email content or rendered email images;
• evaluating digital content against specified criteria, standards, instructions, tests, or validation rules;
• applying artificial intelligence and machine-learning systems to analyze content;
• generating findings, classifications, descriptions, evaluations, pass/fail results, structured results, and supporting evidence;
• providing APIs and other interfaces through which systems, applications, agents, and users may submit requests and obtain results;
• storing relevant testing artifacts, results, logs, and metadata; and
• providing technical support and maintenance where applicable.

The Services may change over time as ArbiterQA adds, removes, or modifies features.

“Documentation” means instructions, API documentation, technical documentation, code samples, guides, help materials, and other documentation made available by ArbiterQA.

Subject to these Terms and payment of applicable fees, this agreement grants you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes and authorized applications.

You may use APIs and other programmatic interfaces in accordance with applicable Documentation and usage limits.

The features, functions, APIs, models, validation methods, technical requirements, and other elements of the Services may change over time.

You are responsible for ensuring that your use of the Services is compatible with the then-current Documentation.

Where reasonably practicable, we will attempt to provide advance notice of material changes that are not backward compatible.

You may be required to create an account to access some Services.

You agree to provide accurate and complete information and to keep account information current.

You are responsible for activity occurring through your account, credentials, API keys, tokens, subaccounts, and other authentication methods associated with your account.

You must take reasonable precautions to prevent unauthorized use and promptly notify us if you become aware of unauthorized access.

You may not create multiple accounts, identities, API credentials, or other mechanisms for the purpose of avoiding fees, rate limits, usage restrictions, or other limitations.

“User Data” means information, content, materials, instructions, files, URLs, emails, images, screenshots, rendered content, source content, test parameters, configuration information, metadata, and other information provided to, generated through, or made accessible to ArbiterQA in connection with your use of the Services.

You retain ownership of your User Data, subject to the rights granted in these Terms.

You grant ArbiterQA the rights necessary to host, reproduce, transmit, process, render, analyze, transform, and otherwise use User Data as necessary to:

1. provide and operate the Services;
2. generate requested analyses and results;
3. maintain and secure the Services;
4. troubleshoot technical problems;
5. detect and prevent fraud, abuse, security incidents, spam, or unlawful activity;
6. improve and develop ArbiterQA technology as described below; and
7. comply with applicable legal obligations.

7.1 Use of Artificial Intelligence

Artificial intelligence is a fundamental component of portions of the ArbiterQA Services.

In connection with providing the Services, ArbiterQA may submit User Data to artificial intelligence or machine-learning systems operated by Stack Moxie or by third-party AI service providers (“AI Providers”).

Information submitted for AI processing may include, depending upon the Service requested:

• screenshots and images of websites;
• website renderings;
• email renderings;
• images of emails;
• email content;
• text or visual content appearing within submitted or captured materials;
• testing instructions and validation criteria;
• metadata or contextual information associated with a test; and
• other information reasonably necessary to perform the requested analysis.

7.2 Third-Party AI Providers

You authorize ArbiterQA to transmit such information to third-party AI Providers when reasonably necessary to provide or improve the Services.

Third-party AI Providers process information pursuant to their applicable contractual terms, privacy terms, data-use policies, service configurations, and agreements.

Depending upon the AI Provider, service, account configuration, and applicable terms, an AI Provider may retain or use submitted information, prompts, outputs, or related information for purposes including operating, securing, evaluating, or improving its services or artificial-intelligence systems.

ArbiterQA may change AI Providers over time.

Where required by an applicable DPA, ArbiterQA will identify applicable AI Providers as subprocessors and process personal data in accordance with that DPA.

7.3 Customer Responsibility for Submitted Content

You are responsible for determining whether content you submit or permit ArbiterQA to access is appropriate for processing through the Services, including processing by applicable AI Providers.

You represent and warrant that you have all rights, permissions, notices, authorizations, and consents necessary for ArbiterQA and its service providers to process User Data as described in these Terms.

You should not intentionally submit highly sensitive, regulated, or confidential information for the requested testing or analysis.

7.4 AI Outputs

Artificial-intelligence systems are probabilistic and may generate incorrect, incomplete, inconsistent, or unexpected results.

ArbiterQA results are intended to assist with quality assurance and validation and should not be treated as a substitute for professional judgment where human review is appropriate.

ArbiterQA does not warrant that any AI-generated analysis, classification, recommendation, finding, or result is complete or error-free.

ArbiterQA may use User Data, test results, AI outputs, feedback, performance information, and information generated through operation of the Services to maintain, evaluate, develop, train, test, and improve ArbiterQA and related Stack Moxie technologies.

Where reasonably practicable, information used for generalized product improvement will be aggregated, de-identified, anonymized, or otherwise processed to reduce identification of individual persons or customers.

Stack Moxie may develop models, algorithms, methods, benchmarks, validation techniques, statistical information, and other improvements based upon operation and use of the Services.

Stack Moxie owns such improvements, provided that such ownership does not transfer ownership of your underlying User Data to Stack Moxie.

You are responsible for:

• your use of the Services;
• the activities of your Authorized Users;
• determining what information is submitted to the Services;
• obtaining necessary rights, permissions, notices, and consents;
• ensuring that your use complies with applicable laws;
• protecting your credentials and API keys; and
• appropriately reviewing and using results generated by ArbiterQA.

You agree not to use the Services to violate the intellectual property, privacy, confidentiality, publicity, or other rights of another person.

You may not:

• reverse engineer, disassemble, or decompile the Services except where such restriction is prohibited by law;
• use the Services or information derived from them to create a substantially competing service using ArbiterQA proprietary technology or confidential information;
• bypass or attempt to bypass usage restrictions, security measures, access controls, or rate limits;
• resell or sublicense the Services except as expressly authorized in writing;
• use the Services in violation of applicable law; or
• interfere with or disrupt the integrity or performance of the Services.

The Company maintains administrative, physical, and technical measures designed to protect User Data from unauthorized access, use, alteration, or disclosure.

The Company will handle confirmed unauthorized access to User Data in accordance with its applicable contractual and legal obligations.

No system or method of transmission over the Internet is completely secure, and we cannot guarantee absolute security.

Where an applicable DPA has been entered into for use of the ArbiterQA product, we will process covered personal data in accordance with that DPA.

The DPA will govern in the event of a conflict concerning processing of personal data.

AI Providers or other third parties that process covered personal data on our behalf may be identified as subprocessors pursuant to the DPA.

The Company retains all rights, title, and interest, including intellectual-property rights, in:

• ArbiterQA;
• the Platform Services;
• software, APIs, algorithms, systems, processes, and technology used to provide the Services;
• Documentation;
• testing methodologies;
• validation frameworks;
• models and system improvements;
• aggregated or anonymized data derived from operation of the Services that does not identify a natural person as the source; and
• modifications, enhancements, upgrades, and improvements to the foregoing.

Nothing in these Terms transfers ownership of your User Data to the Company.

We welcome feedback.

If you provide ideas, suggestions, recommendations, correction requests, or other feedback regarding ArbiterQA, you grant the unrestricted right to use that feedback without compensation or obligation to you.

You agree to pay fees applicable to your use of the Services.

Fees, subscription periods, usage allowances, payment terms, and other commercial terms may be specified through an Order Form, applicable pricing page, API pricing schedule, account configuration, or other ordering process.

Unless otherwise stated, fees are non-refundable.

You are responsible for applicable taxes, duties, and governmental charges other than taxes imposed upon the Company’s income.

Trial, evaluation, beta, promotional, or free Services are subject to these Terms and any additional terms disclosed with the applicable offering.

We may modify or discontinue free or evaluation Services at any time.

The company may provide technical support for ArbiterQA through the support channels made available for the Service.

We may suspend access to some or all Services if we reasonably determine that:

• your use presents a security risk;
• your use could adversely affect the Services or another customer;
• your use could subject the Company or a third party to liability;
• your use may be fraudulent or unlawful;
• you materially violate these Terms; or
• payment obligations remain uncured following applicable notice.

We will restore access when the basis for suspension has been appropriately resolved, where reasonably practicable.

These Terms begin when you first create an account, accept the Terms, or otherwise begin using the Services.

Unless otherwise specified in an Order Form, paid subscriptions continue according to the applicable subscription period until terminated.

We may terminate your access if you materially violate these Terms or applicable law.

Upon termination, your right to access the Services terminates.

Where applicable, requests for export of available User Data should be submitted within sixty (60) days following termination unless a different period is provided by an applicable agreement.

We will use reasonable efforts consistent with prevailing industry standards to operate ArbiterQA.

Services may occasionally be unavailable because of maintenance, outages, third-party providers, technical failures, or circumstances outside our reasonable control.

ARBITERQA AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT TEST RESULTS, AI OUTPUTS, FINDINGS, CLASSIFICATIONS, OR OTHER RESULTS WILL BE COMPLETE, ACCURATE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Stack Moxie Inc. and its officers, directors, employees, and agents from claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

1. your use of the Services contrary to these Terms or applicable law;
2. your violation of a third-party right;
3. User Data you submit or cause to be processed through ArbiterQA; or
4. your failure to obtain rights, notices, permissions, or consents required for processing User Data.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES.

THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE NO PAYMENT OBLIGATION.

ArbiterQA depends upon third-party infrastructure, software, APIs, artificial-intelligence systems, rendering systems, communications services, and other service providers.

Your use of functionality involving such providers may be affected by their availability, technical limitations, and applicable terms.

The Company is not responsible for independent third-party products or services except to the extent expressly provided in an applicable agreement.

Unless otherwise agreed in writing, you grant the Company permission to identify you as a customer and use your business name and logo in customer lists and similar promotional materials.

These Terms, applicable Order Forms, the ArbiterQA Privacy Policy, applicable pricing terms, and any applicable DPA constitute the entire agreement concerning the Services.

They supersede prior representations or agreements concerning the same subject matter unless expressly preserved in writing.

A waiver or modification of these Terms must be in writing and authorized by the applicable party.

Failure to enforce a provision does not waive the right to enforce it later.

If any provision is determined to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable where possible, and the remaining provisions will remain in effect.

Neither party may assign these Terms without the other party’s consent, except that either party may assign them in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its relevant assets.

Notices from us may be delivered to the email address associated with your account, through the Services, or through another reasonable electronic method.

Legal notices to Stack Moxie may be sent to:

Neither party will be liable for delay or failure caused by circumstances outside its reasonable control, including government action, fire, labor dispute, flood, terrorism, war, civil unrest, theft, earthquake, natural disaster, failure of utilities or communications infrastructure, or widespread third-party service interruption.

These Terms are governed by the laws of the State of Washington, excluding its conflict-of-law principles.

Subject to the dispute-resolution provisions below, legal proceedings arising from these Terms will be brought in the state or federal courts located in King County, Washington.

Before initiating formal proceedings, the parties agree to attempt in good faith to resolve disputes informally.

Notice of a dispute may be sent to legal@stackmoxie.com.

If informal negotiations do not resolve the dispute, the parties agree to resolve the dispute through binding arbitration administered under the applicable rules of the American Arbitration Association, unless applicable law requires otherwise.

Questions concerning ArbiterQA or these Terms may be directed to: