Terms of Use

These Terms of Use are effective as of November 24, 2023.

Introduction

Welcome to Cross Check! Our platform is designed to provide a streamlined and efficient approach to Software Quality Assurance (SQA). These Terms of Use ("Terms") govern your access to and use of Cross Check’s services, software, and websites (collectively, the "Service"). By using the Service, you agree to be bound by these Terms and our Privacy Policy. This includes any data, text, files, information, usernames, images, graphics, photos, audio and video clips, and other content or materials (collectively, the "Content") you upload, download, or appear on our websites or applications.

Our Privacy Policy, which is available on our website, details how we collect and use your information. By using the Service, you agree to comply with these Terms and our Privacy Policy. If you're using our Service on behalf of an organization or entity ("Organization"), you confirm that you have the authority to agree to these Terms on behalf of the Organization, and "you" and "your" will refer to that Organization.

Please note, these Terms and Privacy Policy have significant legal implications. If you disagree with any part of these Terms, you should refrain from using our Service.

Account and Content

1. Account Creation and Responsibility

  • When creating an account with Cross Check, you agree to provide accurate, current, and complete information as prompted by our registration forms. It's crucial to keep this information updated.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Cross Check is not liable for any loss or damage arising from your failure to comply with this security obligation.
  • You must be at least 13 years old to use Cross Check. If you are under 18, you should use Cross Check only with the involvement of a parent or guardian.

2. User Content and Conduct

  • As a user of Cross Check, you may submit or create content such as bug reports, test cases, and project details ("User Content"). You retain all rights to your User Content, but by uploading it, you grant Cross Check a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and perform this content as necessary for providing and improving the Service.
  • You are solely responsible for the User Content you submit. You warrant that you own or have the necessary rights to use and authorize the use of your User Content as described herein.
  • You agree not to use the Service to upload, post, or otherwise transmit content that is illegal, threatening, abusive, invasive of privacy, defamatory, or otherwise harmful to third parties. Your use of the Service must comply with all applicable laws and regulations.

3. Prohibited Activities

  • You may not use your Cross Check account for any illegal or unauthorized purpose. Activities such as hacking, "spamming," infringing on intellectual property, and engaging in obscene or unethical activities are strictly prohibited.
  • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service is forbidden.
  • You may not use any automated system, including but not limited to "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to the Cross Check servers than a human can reasonably produce in the same period.

4. Content Removal and Account Suspension

  • Cross Check reserves the right, but is not obligated, to remove or disable access to any content that we find, in our sole discretion, to be in violation of these terms, harmful to the community, or for any other reason.
  • If we determine that you have violated these terms, your account may be suspended or terminated, with or without notice. This decision is at Cross Check’s sole discretion and may result in the loss of data associated with your account.

Fees and Billing

1. Subscription Plans and Fees

  • Cross Check offers various subscription plans with differing features and pricing structures. Details of these plans and their associated fees are available on our website. By selecting a plan, you agree to pay the specified fees as per the plan's billing cycle.
  • All fees are quoted in United States dollars and are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of all such taxes, levies, or duties.

2. Payment Terms

  • Payment for subscription services is due at the beginning of each billing cycle. Your subscription will automatically renew at the end of each cycle unless you cancel it.
  • We accept payment via credit card, debit card, or other approved methods. By providing a payment method, you represent and warrant that you are authorized to use that payment method.

3. Free Trial and Upgrades

  • Cross Check may offer a free trial period for its services. At the end of the trial period, we will automatically enroll you in the paid subscription plan you selected during the trial signup process, and your payment method on file will be charged accordingly.
  • If you decide to upgrade or downgrade your service plan, the changes will be processed on a prorated basis. Upgrades will take effect immediately with prorated charges applied, while downgrades will be reflected in your next billing cycle with a prorated adjustment to your billing amount. To avoid automatic enrollment in a paid plan and associated charges at the end of the free trial, you must cancel the trial subscription before it expires.

4. Late Payments and Non-Payment

  • If any fee cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, Cross Check reserves the right to either suspend or terminate your access to the unpaid-for services.
  • Accounts are subject to cancellation due to non-payment. Please ensure your payment information is up to date to avoid interruption of service.

5. Cancellation and Refunds

  • You can cancel your Cross Check subscription at any time. Cancellation is immediate, and access to paid features will be discontinued from the moment of cancellation.
  • Upon cancellation, we will adjust any fees already paid on a prorated basis. This means you will only be charged for the time you used the service during the billing cycle, and any excess amount will be refunded.
  • Cross Check offers a 30-day refund policy. If you are not satisfied with our service within the first 30 days of your subscription, you are eligible for a 100% refund. To initiate a refund, please contact our support team within this 30-day period.
  • Refunds will be credited to the original method of payment. Please note that after the initial 30-day period, prorated refunds are given only in the case of immediate cancellation.

6. Changes to Pricing

  • Cross Check reserves the right to change its fees upon notice from us. Fee changes will be effective at the start of the next billing cycle following the notice.

Your Use of Our Service

1. Acceptable Use and Conduct:

  • You are expected to use Cross Check's services responsibly and ethically. This includes respecting intellectual property rights, refraining from posting offensive content, and not engaging in illegal activities or harassment.
  • You agree not to disrupt or interfere with the service's operation, including any security-related features. Misusing or attempting to exploit the service for unauthorized purposes is strictly prohibited.

2. Content Standards and Responsibility:

  • The content you create, upload, or manage within Cross Check (like test cases, bug reports, and project documentation) should comply with all applicable laws and regulations. You are responsible for ensuring that your content does not violate any legal statutes or rights of others.
  • Cross Check is not responsible for monitoring or moderating the content users post. However, we reserve the right to remove content that we determine, in our sole discretion, to be inappropriate, offensive, or in violation of these Terms.

3. Prohibited Activities:

  • Attempting to gain unauthorized access to other users' accounts, data, or the underlying systems and networks of Cross Check is strictly forbidden.
  • You must not use Cross Check to distribute malware, spam, or other harmful or disruptive codes. The creation or transmission of content that is harmful, fraudulent, deceptive, or threatening is also prohibited.
  • Automated access to the service, such as scraping, spidering, or crawling, is not allowed without explicit permission from Cross Check.

4. Software and Updates:

  • Cross Check may provide software as part of the service. This software may update automatically on your device once a new version or feature becomes available.
  • You are granted a limited, non-exclusive, and non-transferable license to use Cross Check’s software solely to access the services provided.

5. Compliance with Laws:

  • You agree to use Cross Check's services in compliance with all local, state, national, and international laws and regulations that apply to your use of the service. This includes data privacy laws, intellectual property laws, export control laws, tax laws, and other regulatory requirements.

Violation of Terms

1. Consequences of Violating Terms:

  • Violating any of the Terms of Service set forth by Cross Check can lead to actions against your account. Depending on the severity and nature of the violation, consequences may include warnings, limitations on account features, temporary suspension, or even permanent termination of your account.

2. Investigation and Enforcement:

  • Cross Check reserves the right to investigate and prosecute violations of these Terms to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms.
  • In the event of an investigation, we may restrict access to certain features, suspend the account, or review account activity. We are committed to ensuring a fair and safe environment for all users.

3. Account Suspension or Termination:

  • In cases where terms are breached, Cross Check may suspend or terminate your account without prior notice. This action may be taken for reasons including, but not limited to, fraudulent account activity, creating security risks, or causing legal liabilities.
  • If your account is terminated, you may lose access to all content, data, and information associated with your account.

4. Reporting Violations:

  • Users are encouraged to report violations of these Terms to Cross Check. This helps us maintain the integrity and security of our service. All reports will be reviewed, and appropriate actions will be taken.

5. Appeal Process:

  • If your account is suspended or terminated, you may contact Cross Check to appeal the decision. The appeal should provide a clear and concise explanation of why the decision should be reconsidered.

6. Responsibility for Damages:

  • You may be held liable for any damages resulting from your violation of these Terms, including any harm caused to other users or to Cross Check.

General Conditions

1. Modification of Service:

  • Cross Check reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. This may include changes to features, user interfaces, and functionalities.
  • We strive to provide timely and clear communication regarding any significant changes, especially those that could impact your use of the Service. However, it is your responsibility to review our updates and adjust your use of the Service accordingly.

2. Data Handling and Storage:

  • Cross Check may transfer, store, and process your data and information in the United States or in any other country in which we or our affiliates or service providers maintain facilities.
  • By using the Service, you consent to this transfer, processing, and storage of your information. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with our Privacy Policy.

3. System Integrity and Security:

  • While we aim to maintain the security, integrity, and availability of our Service, we cannot guarantee uninterrupted access or that our Service will be free from errors, viruses, or other harmful components.
  • You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and data backup.

4. Third-Party Links and Integrations:

  • The Service may contain links to third-party websites or services that are not owned or controlled by Cross Check.
  • Cross Check assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not endorse or assume liability for any such sites.

5. Changes to General Conditions:

  • We reserve the right to modify these General Conditions at any time. Changes will become effective immediately upon posting unless stated otherwise. Your continued use of the Service after changes are posted constitutes acceptance of those changes.

Rights and Ownership

1. User Content Ownership:

  • Users retain all rights and ownership of their content uploaded, created, or stored on Cross Check. However, by using the Service, you grant Cross Check a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and perform this content as necessary for providing and improving the Service.
  • This license does not grant Cross Check any rights to sell or otherwise commercialize your content.

2. Intellectual Property of Cross Check:

  • All rights, title, and interest in and to the Service, including all software, text, media, and other content provided by Cross Check, are and will remain the exclusive property of Cross Check and its licensors.

Disclaimer of Warranties and Limitation of Liability

1. No Warranties:

  • The Service is provided on an "as is" and "as available" basis. Cross Check expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • We do not guarantee that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

2. Limitation of Liability:

  • Cross Check shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, resulting from your use of the Service.

Indemnification

  • You agree to indemnify, defend, and hold harmless Cross Check, its officers, directors, employees, and agents, from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights.

Governing Law and Jurisdiction

  • These Terms are governed by and construed in accordance with the laws of Wyoming, US without regard to its conflict of law principles.
  • Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts or state courts located in Wyoming, US.

Changes to Terms

  • Cross Check reserves the right to modify or replace these Terms at any time. We will provide notice of significant changes to the Terms, and you are advised to review the Terms periodically for any changes.
  • By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms.

Entire Agreement

  • These Terms constitute the entire agreement between you and Cross Check regarding the Service, superseding any prior agreements or communications between you and Cross Check regarding the Service.

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