Welcome to QALync(the “Website”), operated by Bytecore s.r.o., a company registered in the Republic of Czechia under company number 2232874, with its registered office at Záhĩebská 562/41, Vinohrady, 120 00 Praha 2, Czechia(“Bytecore s.r.o”, “we”, “us”, or “our”).

These Terms and Conditions (the “Terms” or “Agreement”) govern your access to and use of the Website, including any purchases of products or services made through it (collectively, the “Platform”). They form a binding legal agreement between you (“you”, “your”, “user” or “Customer”) and Bytecore s.r.o.

By accessing or using the Website, or by purchasing any products or services through the Platform, you agree to be bound by these Terms, along with our Privacy Policy and any other policies, terms, or conditions referenced herein or linked from the Website (collectively, the “Terms of Use”).

Please take a moment to review our Privacy Policy before using the Website, especially regarding how we collect and process your personal data. Note that Bytecore s.r.o. is not responsible for the content or privacy practices of any third-party websites that may be linked to from our Website.

Table of Contents
I. Website Terms of Use
II. Professional Services Agreement
III. Platform Terms of Use
IV. Refund Policy
V. Acceptable Use Policy

By accessing or using any QALync website, application, or service (collectively, the “Site”), you (“you” or “User”) agree to these Terms & Conditions, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, do not use the Site.

I. Website Terms of Use

Acceptance and Changes.
These Terms of Use form a binding agreement between you and Bytecore s.r.o. (“QALync,” “we,” “us”). We may update these Terms at any time in our discretion. Changes take effect when posted and apply to all subsequent access. Continued use of the Site after changes means you accept the revised terms.

Site Content and License.
The Site may include text, images, tools, and resources (“Site Content”). We grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Site Content for personal or internal business purposes while you comply with these Terms. Except as expressly permitted, you may not copy, modify, distribute, republish, upload, transmit, or otherwise exploit Site Content without our prior written consent. Any information regarding legal, financial, or technical topics is for general information only and does not constitute advice; verify with qualified professionals.

Intellectual Property.
Except for content you own and lawfully submit, all rights in the Site and Site Content are owned by or licensed to QALync. All rights not expressly granted are reserved. You receive only a limited license to view materials on the Site.

Third-Party Links.
The Site may link to third-party websites. We do not control and are not responsible for their content, policies, or practices. Links are provided as a convenience only and do not constitute endorsement or affiliation.

Interactive Features.
Areas of the Site may allow posting or sharing (“Interactive Features”). Content posted by others (“Interactive Content”) is not pre-screened by QALync, and we are not liable for such content or any harm arising from its use. Use Interactive Features at your own risk and exercise caution in dealings with other users. You agree not to: (a) violate any law; (b) impersonate others or misrepresent origin; (c) harvest data without consent; (d) spam, flood, or disrupt use; or (e) post unlawful, defamatory, obscene, infringing, or harmful material.

Your Content.
By submitting any text, images, audio, video, or other materials (“Your Content”) you grant QALync a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute Your Content in any media to operate, secure, and improve the Site. You represent you own or control the rights in Your Content and that it does not infringe third-party rights. We may remove Your Content at any time without notice.

Prohibited Conduct.
You will not upload malware, viruses, or harmful code; scrape or copy Site pages without permission; solicit others to circumvent the Site; engage in harassment or unprofessional conduct; or violate privacy, publicity, or intellectual property rights. We may monitor, record, edit, remove, or disclose Interactive Content to enforce these Terms or comply with law.

Eligibility and Termination.
The Site is available only to persons able to form binding contracts. If you register on behalf of a company, you represent you have authority to bind it. We may deny, suspend, or terminate access at any time, with or without notice. A company that violates these Terms may forfeit any right to payment or refund for Site-related services, and QALync may pursue available remedies.

Information Only; No Warranties.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We may update Site information without notice and are not liable for errors or omissions, including in third-party content.

Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, QALync WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR LOST-PROFIT DAMAGES ARISING FROM OR RELATED TO THE SITE OR ANY LINKED SITE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNTS YOU PAID (IF ANY) FOR ACCESS TO THE SITE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.

Copyright Notices (DMCA-style).
To report alleged infringement, send: (a) a physical or electronic signature of the rights holder or agent; (b) identification of the work claimed to be infringed; (c) identification of the allegedly infringing material and its location on the Site; (d) your contact information; (e) a good-faith statement that use is not authorized; and (f) a statement under penalty of perjury that the notice is accurate and you are authorized to act. Contact: [email protected]

Governing Law; Venue.
These Website Terms are governed by the laws of the Czech Republic, excluding conflict-of-laws rules. Courts in Prague, Czechia have exclusive jurisdiction and venue, without limiting either party’s right to seek injunctive relief elsewhere.

Severability.
If any provision is invalid or unenforceable, it will be limited or reformed to the minimum extent necessary, and the remainder will continue in effect.

II. Professional Services Agreement

Scope and Changes.
Where you engage QALync for professional testing or consulting services (e.g., functional, integration, security, usability), this Section applies in addition to Section I. We may update these terms; continued ordering or use constitutes acceptance.

Deliverables; Ownership.
You receive a limited license to use deliverables internally for your business. Our tools, templates, methodologies, know-how, and pre-existing materials remain our exclusive property.

Third-Party Materials.
References to third-party resources are provided for convenience; we are not responsible for their content or availability.

Collaboration and Content.
You are responsible for information you provide and for proper confidentiality settings in shared tools. We may rely on your timely cooperation to perform services.

Eligibility; Suspension/Termination.
We may refuse, suspend, or terminate services for any lawful reason, including non-payment or material breach. If services end due to your breach, unpaid fees remain due and we may withhold deliverables until payment.

Disclaimer; Liability Cap.
SERVICES ARE PROVIDED “AS IS.” WE DO NOT GUARANTEE ERROR-FREE RESULTS. OUR AGGREGATE LIABILITY UNDER AN ENGAGEMENT WILL NOT EXCEED THE FEES YOU PAID FOR THE APPLICABLE STATEMENT OF WORK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NO INDIRECT OR CONSEQUENTIAL DAMAGES.

Copyright Procedure; Law; Severability.
See Section I for IP notices. Czech law and Prague courts apply; invalid terms are limited as necessary.

III. Platform Terms of Use

Agreement and Scope.
This Platform Agreement governs access to QALync’s online platform, dashboards, APIs/SDKs, and related tools (the “Platform”). It incorporates our Acceptable Use Policy.

Definitions.
“QALync IP” means the Platform and all related intellectual property; excludes Customer Data. “Authorized Users” are individuals you authorize and pay for. “Customer Application” means your apps or systems identified in an order or statement of work (“SOW”). “Customer Content/Data” means data you or your users submit. “Subscription Term” is the paid access period specified in an order.

Access; Documentation.
Subject to payment and compliance, we grant a non-exclusive, non-transferable right for Authorized Users to access the Platform during the Subscription Term for internal business purposes. Documentation may be used solely in connection with authorized Platform use.

Use Restrictions.
You will not copy, modify, create derivative works of, sublicense, sell, rent, reverse engineer, or remove notices from the Platform; use it to violate law or infringe rights; or communicate with other users outside permitted collaboration channels for commercial solicitation.

Aggregated Statistics.
We may collect, analyze, and use de-identified, aggregated usage data to operate, secure, and improve the Platform. We own such statistics.

Ownership.
Except for limited rights granted here, QALync retains all rights in the Platform and QALync IP. You retain rights in your Customer Data and Customer Application (excluding embedded QALync components).

Suspension.
We may suspend access for security threats, suspected fraud, legal requirements, vendor outages, or non-payment, and will use reasonable efforts to provide notice and updates.

Subscriptions; Renewal; Billing.
Platform access and certain service bundles are offered on a subscription basis (monthly or annually). Subscriptions continue for the Subscription Term and renew automatically unless canceled in accordance with your order. We may adjust renewal pricing with prior notice. Unused subscription capacity does not carry over unless expressly stated.

Fees; Taxes; Payment.
Fees are due as stated in the order/SOW (default net 30). Fees are non-cancellable and non-refundable except as set out in these Terms or where required by law. You are responsible for all applicable taxes, duties, and government charges.

Privacy; Customer Data; Sensitive Data.
You grant QALync a worldwide, royalty-free license to host, process, and display Customer Data as necessary to provide the Platform, and a perpetual license to use de-identified data for Aggregated Statistics. Do not upload special-category or highly regulated data (e.g., PHI, full payment card data) unless expressly permitted in writing; the Platform is not HIPAA-compliant.

Confidentiality.
Each party will protect the other party’s Confidential Information and use it only to perform under these Terms. QALync may share necessary information with bound personnel and contractors to deliver the Platform.

Term; Termination.
The Subscription Term runs as stated in your order. Either party may terminate for uncured material breach (10 days for non-payment; 30 days for other breaches). Upon termination, access ceases and all unpaid amounts become due. Sections on ownership, confidentiality, limitations, data, and indemnities survive.

Limited Warranty; Disclaimer.
We warrant the Platform will perform in material accordance with current documentation. Your exclusive remedy is repair, replacement, or a reasonable service credit; otherwise the Platform is provided “AS IS.”

Limitation of Liability.
NO INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY RELATING TO THE PLATFORM WILL NOT EXCEED THE FEES PAID BY YOU FOR THE PLATFORM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.

Indemnification.
We will defend IP claims alleging that your authorized use of the unmodified Platform infringes third-party IP and will procure rights, modify, or refund unused prepaid fees if we discontinue affected functionality. Exclusions apply for combinations, modifications, or misuse. You will defend and hold us harmless from claims arising from your Customer Application or data.

Export; Sanctions.
You agree to comply with all applicable export control and sanctions laws and not cause QALync to violate them.

General (Platform).
Czech law; Prague courts. Notices by email or courier are effective when received. Force majeure may delay performance (but not fee obligations). These Terms and your orders/SOWs form the entire agreement. Assignment requires consent, except we may assign in connection with a merger or sale. We may identify you as a customer unless you opt out in writing.

IV. Refund Policy

We stand behind the quality of our testing and services. If you are dissatisfied, contact us within 14 days of delivery with specific concerns and examples. We will review and, where feasible, offer corrections or re-work. If we cannot reasonably remedy the issue, we will approve a refund to your original payment method subject to provider timelines.

Exceptions.
Refunds may be declined for services performed per agreed scope, for change-of-mind after acceptance, or where reasonable revisions were offered and refused. For subscriptions, cancellation stops future renewals; prepaid subscription fees are generally non-refundable unless required by law or expressly stated.

V. Acceptable Use Policy

Customer Applications.
You are solely responsible for your applications and environments, including any marketplace approvals, end-user terms, and support. Obtain required consents for data collection and ensure compliance with applicable laws and platform rules. We may reject or suspend use that poses risk.

Rights and Content.
You warrant that your applications and content do not infringe third-party rights or violate privacy/publicity rights or law. We may remove content that breaches these obligations.

License to Operate.
During the Subscription Term, you grant QALync a limited license to use Customer Content and Customer Data solely to provide the Services.

Sensitive Data.
Do not submit protected health information, full payment card data, national identifiers, or other highly regulated data unless expressly permitted in writing; QALync has no liability for Sensitive Data provided contrary to these restrictions.

Modifications.
We may modify or improve the Platform at any time. New functionality may require additional fees; you may continue using the prior version if available.

Account Security.
You are responsible for Authorized Users, safeguarding credentials, and promptly notifying us of unauthorized access.

Third-Party Platforms.
Integrations may be subject to third-party terms. Your use of such platforms remains your responsibility.

Fees and Payment.
You will pay fees per order/SOW and applicable taxes. We may revise fees on renewal with notice.

Confidentiality; Privacy.
As outlined above.

Contact
Questions regarding these Terms & Conditions: [email protected]