Effective date: September 5, 2026

Last updated: September 5, 2026

These Terms and Conditions govern access to and use of AXQA, including the AXQA website, hosted platform, workspaces, dashboards, APIs, automation features, reporting features, artificial-intelligence-assisted features, Smart Agent software, local execution capabilities, documentation, support, downloads, and any related service made available by AXQA TECHNOLOGY LTDA.

These Terms form a legal agreement between AXQA TECHNOLOGY LTDA, a Brazilian limited liability company registered under CNPJ 68.755.091/0001-09, and the person or legal entity using the service. By creating an account, accepting an order, purchasing a subscription, installing Smart Agent, accessing a workspace, or otherwise using AXQA, you agree to these Terms. If you do not agree, you must not access or use AXQA.

1. Definitions and Interpretation

In these Terms, “AXQA”, “we”, “us”, or “our” means AXQA TECHNOLOGY LTDA. “Customer” means the company, organization, or other legal entity that purchases, receives, or controls access to AXQA. “User” means any individual authorized to use AXQA. “Customer Data” means data, content, files, test information, API configurations, credentials, reports, attachments, comments, records, or other information submitted to or processed through AXQA on behalf of a Customer.

“Smart Agent” means AXQA software or related components that enable authorized execution from customer-controlled devices, machines, networks, labs, or environments. “Order” means an order form, subscription selection, checkout confirmation, invoice, statement of work, commercial proposal, or other written purchasing document accepted by AXQA.

2. Business Use and Authority

AXQA is primarily designed for professional, organizational, and business use. If you access, purchase, configure, or use AXQA on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms. In that case, “you” includes that entity.

A Customer is responsible for the acts and omissions of its Users, administrators, contractors, invited users, and any person using credentials or access granted through the Customer's account, except to the extent caused by AXQA's own breach of applicable law or an express written obligation.

3. Order of Precedence

If a separate written agreement signed by AXQA and the Customer conflicts with these Terms, the signed agreement controls to the extent of the conflict. For data-protection matters, an executed data processing agreement, if any, controls over inconsistent provisions in these Terms. An applicable Order controls over these Terms only for the commercial terms expressly stated in that Order, such as plan, price, billing cycle, committed term, usage limits, or service scope.

4. Description of the Service

AXQA provides software and services intended to support quality assurance and related operational workflows. Features may include project and test management, test plans, test cases, API testing and validation, execution history, dashboards, reports, audit trails, automation, Smart Agent execution, local or customer-environment execution, role and permission management, and AI-assisted features.

Features, interfaces, limits, availability, and supported environments may vary by plan, release, region, deployment model, customer configuration, or written agreement.

5. Limited Right to Use AXQA

Subject to these Terms, payment of applicable fees, and any applicable Order, AXQA grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to access and use AXQA for the Customer's internal authorized business purposes.

No ownership interest in AXQA software, source code, platform technology, documentation, designs, models, methods, workflows, trademarks, or other AXQA intellectual property is transferred to the Customer.

6. Accounts, Authentication, and Credentials

Users must provide accurate account information and keep it reasonably current. Users and Customers are responsible for protecting passwords, authentication codes, access tokens, API keys, certificates, recovery methods, and other credentials under their control.

Accounts are personal to the authorized User unless AXQA expressly provides a service account or shared technical account. Users must not share personal accounts or authentication factors with unauthorized persons. Suspected unauthorized access or credential compromise must be reported promptly to [email protected].

AXQA may require authentication changes, password resets, multi-factor authentication, session termination, account verification, or other reasonable security measures when needed to protect the service or Customer Data.

7. Customer Administrators, Roles, and Permissions

Customer administrators may be able to invite or remove Users, assign roles, grant permissions, configure projects, manage client visibility, control integrations, review logs, and perform other privileged actions. The Customer is responsible for selecting appropriate administrators and configuring permissions according to its internal security requirements.

AXQA may rely on instructions and actions submitted by a properly authenticated Customer administrator unless AXQA has reasonable grounds to believe the account is compromised or the instruction is unlawful, fraudulent, or technically unsafe.

8. Acceptable and Authorized Use

You may use AXQA only for lawful, professional, and properly authorized purposes. You are responsible for ensuring that you have all permissions, rights, approvals, licenses, and legal bases required for the systems, applications, APIs, networks, environments, devices, data, and third-party services that you access, test, connect, or process through AXQA.

You must not use AXQA to:

• access, test, probe, scan, attack, or interact with systems or data without proper authorization;
• perform unlawful, malicious, destructive, deceptive, fraudulent, abusive, or disruptive activity;
• bypass or attempt to bypass authentication, authorization, security controls, rate limits, allowlists, network policies, usage limits, or technical restrictions;
• upload, store, transmit, distribute, or execute malware or intentionally harmful code;
• interfere with the security, integrity, availability, performance, or operation of AXQA or third-party systems;
• use another person's account or credentials without authorization;
• scrape, harvest, copy, resell, sublicense, or commercially exploit AXQA except as expressly authorized in writing;
• reverse engineer, decompile, disassemble, or attempt to derive AXQA source code except to the limited extent such restriction is prohibited by applicable law;
• remove proprietary notices or misrepresent ownership, origin, authorization, results, or identity;
• process data that you are not legally entitled to process or disclose;
• use AXQA in violation of law, regulation, sanctions, export controls, contract, or third-party rights.

9. Smart Agent and Local Execution

Smart Agent is intended to allow authorized Users to execute supported workflows from approved customer-controlled devices, machines, networks, labs, or protected environments. The Customer decides where Smart Agent is installed and which authorized environments and targets it may access, subject to AXQA security controls.

The Customer is responsible for obtaining authorization to install and use Smart Agent and for the commands, test steps, endpoints, files, credentials, devices, environments, and targets configured by its Users. The Customer must not use Smart Agent to access systems or data without permission.

AXQA may implement or change security controls such as authentication, encryption, allowlists, execution restrictions, trusted-version requirements, request blocking, rate limits, audit logging, integrity checks, and policy controls. Attempting to disable, defeat, manipulate, or circumvent those controls is prohibited.

Local execution depends in part on customer-controlled hardware, operating systems, networks, permissions, firewalls, VPNs, endpoint protection, third-party applications, credentials, and connectivity. AXQA is not responsible for failures caused by conditions outside AXQA's reasonable control.

10. APIs, Integrations, and External Targets

AXQA may allow Customers to configure API endpoints, request methods, headers, parameters, payloads, credentials, expected results, validations, integrations, and external targets. The Customer is responsible for the legality, accuracy, safety, and authorization of those configurations.

AXQA is not responsible for outages, account locks, rate-limit actions, blocked traffic, data loss, third-party charges, external-system changes, or other consequences caused by Customer-provided configurations, credentials, excessive requests, unauthorized testing, or third-party systems outside AXQA's reasonable control.

11. Automation and AI-Assisted Features

AXQA may provide automation, machine-assisted, or artificial-intelligence-assisted features, including features that generate, organize, suggest, summarize, classify, compare, or assist with test-related content or operational information.

Automated or AI-assisted outputs may be incomplete, inaccurate, outdated, non-deterministic, or unsuitable for a particular use. They are tools to assist professional workflows and do not replace human review, quality judgment, security review, legal review, release approval, or other professional decisions.

The Customer remains responsible for reviewing outputs and for decisions or actions taken based on them. AXQA does not guarantee that an automated result will identify every defect, security issue, incompatibility, regression, or release risk.

12. Customer Data Ownership

As between AXQA and the Customer, the Customer retains its rights in Customer Data. The Customer grants AXQA and its authorized service providers a limited right to host, copy, transmit, process, display, secure, back up, transform, and otherwise use Customer Data only as reasonably necessary to provide, operate, secure, support, maintain, and improve the contracted service, comply with lawful instructions, and satisfy legal obligations.

The Customer represents that it has the rights and lawful authority necessary to submit Customer Data to AXQA and to instruct AXQA to process it.

13. Personal Data and Data Protection

Personal data is handled according to applicable data-protection law, the AXQA Privacy Policy, these Terms, and any applicable data processing agreement. Depending on the processing activity, AXQA may act as a controller for its own account, security, billing, support, sales, and service-administration activities, and as an operator or processor when processing certain Customer-controlled personal data on behalf of a Customer.

The Customer is responsible for determining whether it has an appropriate legal basis and required notices, permissions, consents, contracts, or other authority for personal data that it places into AXQA or instructs AXQA to process.

14. Confidentiality

Each party may receive non-public business, technical, security, commercial, operational, or other confidential information from the other. Each party must use reasonable measures to protect the other party's confidential information and may use it only for the relationship between the parties, except where disclosure is authorized by the disclosing party or required by law.

Confidential information does not include information that the receiving party can demonstrate was lawfully known without confidentiality restriction, becomes public without breach, is received lawfully from a third party without confidentiality obligation, or is independently developed without use of the other party's confidential information.

15. Credentials, Secrets, and Sensitive Configuration

Customers are responsible for deciding what credentials, API keys, tokens, certificates, secrets, test accounts, and sensitive configuration values they use with AXQA. Customers should use appropriate secret-management, masking, permission, and access-control features where available and avoid placing unnecessary secrets in shared fields, comments, attachments, or test data.

AXQA is not responsible for unauthorized access caused by Customer-side credential sharing, weak credentials, compromised User devices, failure to revoke access, improper permission configuration, or disclosure outside AXQA's reasonable control.

16. Usage Limits, Plans, and Fair Use

Plans may include limits or entitlements relating to projects, Users, automation runs, Smart Actions, storage, execution volume, support level, features, retention, or other resources. Applicable limits may be shown on the pricing page, checkout, account, Order, invoice, or other commercial document.

Customers must not intentionally evade plan limits through duplicate accounts, artificial request splitting, credential sharing, technical circumvention, or other means. AXQA may enforce documented limits, apply reasonable technical safeguards, require a plan change, restrict excessive usage, or charge agreed overage amounts when applicable.

17. Fees, Billing, Taxes, and Payment

Paid services are subject to the prices, billing cycle, currency, committed term, and payment terms shown at purchase or in the applicable Order. Unless expressly stated otherwise, applicable taxes, duties, levies, bank charges, and similar governmental charges are the Customer's responsibility, except taxes imposed on AXQA's net income.

The Customer authorizes AXQA and its payment providers to process recurring charges when the Customer selects an automatically renewing subscription. The Customer must keep applicable billing and payment information current.

Overdue amounts may result in reminder notices, restriction, suspension, termination, or lawful collection activity. AXQA may charge interest, penalties, or collection costs only to the extent permitted by applicable law or agreed in writing.

18. Renewal, Cancellation, and Refunds

Subscription renewal, cancellation, refund eligibility, and the effect of cancellation are governed by the applicable Order and the AXQA Cancellation and Refund Policy available on the AXQA website. Unless otherwise stated in an Order, recurring subscriptions renew for the same billing interval until cancelled.

Except where required by applicable law or expressly agreed in writing, prepaid fees and fees for a billing period that has already started are non-refundable, and cancellation generally prevents future renewal rather than retroactively cancelling an already-started paid period.

Nothing in these Terms limits non-waivable statutory cancellation, refund, or consumer rights that apply to a particular Customer or transaction.

19. Trials, Evaluations, Previews, and Beta Features

AXQA may offer trials, demonstrations, evaluations, preview releases, beta features, or experimental functionality. Unless AXQA states otherwise in writing, these are provided for evaluation, may be limited or changed at any time, may contain defects, and may not be covered by service commitments applicable to paid generally available features.

20. Service Availability, Maintenance, and Support

AXQA aims to provide reliable service but does not guarantee uninterrupted or error-free operation unless an applicable written service-level agreement expressly states otherwise. Planned maintenance, emergency maintenance, internet failures, third-party incidents, customer-environment conditions, security events, force majeure, and other circumstances may affect availability.

Support channels, response targets, hours, and priority levels may vary by plan or written agreement.

21. Product and Service Changes

AXQA may add, remove, replace, update, redesign, suspend, or modify features, interfaces, workflows, technical requirements, integrations, documentation, or components when reasonably necessary for security, reliability, legal compliance, maintenance, product development, third-party changes, or business operations.

AXQA will not be liable merely because a feature, interface, or technical implementation changes, provided that AXQA complies with any non-waivable legal requirement and any express written contractual commitment applicable to the Customer.

22. Reports, Dashboards, Metrics, and Operational Decisions

Reports, dashboards, metrics, readiness indicators, comparisons, execution history, analytics, and other outputs are intended to support Customer workflows. They do not constitute a warranty that a product, application, build, release, API, environment, or system is defect-free, secure, compliant, ready for release, or suitable for a specific purpose.

The Customer is responsible for reviewing results and making final release, quality, security, staffing, operational, and business decisions.

23. AXQA Intellectual Property

AXQA and its licensors retain all rights, title, and interest in the AXQA platform, software, Smart Agent, source and object code, APIs provided by AXQA, architecture, designs, interfaces, workflows, documentation, models, algorithms, trademarks, logos, product names, visual elements, and related intellectual property, together with improvements and derivative works created by or for AXQA.

Except for the limited usage right expressly granted by these Terms or a written agreement, no license or right is granted by implication, estoppel, or otherwise.

24. Feedback

If you provide suggestions, ideas, enhancement requests, comments, or other feedback about AXQA, you grant AXQA a worldwide, perpetual, irrevocable, royalty-free right to use that feedback to develop, improve, market, and operate AXQA without restriction or compensation, provided AXQA does not publicly identify the Customer as the source without permission.

25. Third-Party Services and Dependencies

AXQA may interact with or depend on third-party hosting, security, communications, payment, authentication, analytics, operating-system, application-store, API, integration, software-library, or infrastructure providers. Those services are governed by their own terms and may change or fail independently of AXQA.

To the fullest extent permitted by law, AXQA is not responsible for third-party services, content, acts, omissions, outages, restrictions, pricing, or changes outside AXQA's reasonable control.

26. Customer Systems and Environments

The Customer remains responsible for its own systems, networks, devices, applications, environments, firewalls, VPNs, endpoint-security products, credentials, backups, third-party software, internal policies, and permissions. AXQA is not responsible for Customer-side failures or incompatibilities outside AXQA's reasonable control.

27. Monitoring, Audit Logs, and Security Enforcement

AXQA may generate and review technical, authentication, security, execution, and audit records as reasonably necessary to operate the service, investigate incidents, enforce these Terms, prevent fraud or abuse, support Customers, comply with law, and protect AXQA, Customers, Users, and third parties.

28. Suspension and Protective Actions

AXQA may restrict or suspend access, disable a User or feature, block a target or request, revoke sessions or tokens, require credential changes, or take other reasonable protective action if AXQA reasonably believes that: there is a security threat; use is unauthorized or unlawful; these Terms are materially violated; payment is materially overdue; usage threatens service stability; a Customer or User creates material risk to AXQA or others; or action is required by law or a competent authority.

Where reasonably practicable, AXQA may provide notice and an opportunity to cure. AXQA may act immediately without prior notice when necessary to address urgent security, legal, fraud, abuse, or operational risk.

29. Termination

Either party may terminate as provided in the applicable Order, Cancellation and Refund Policy, or written agreement. AXQA may terminate or refuse service for material breach, unlawful use, repeated abuse, serious security risk, fraudulent activity, insolvency where legally applicable, or failure to pay amounts due after applicable notice or cure rights.

Termination does not eliminate payment obligations accrued before termination or provisions that by their nature should survive, including confidentiality, intellectual property, payment obligations, disclaimers, liability limitations, indemnification, dispute provisions, and rights relating to records or legal compliance.

30. Data Export, Retention, and Deletion After Termination

Customers should export Customer Data they wish to retain before access ends. After termination or expiration, AXQA may disable access and may retain or delete Customer Data according to the applicable Order, Privacy Policy, documented retention practices, backup cycles, legal requirements, security needs, dispute preservation obligations, and technical limitations.

AXQA may retain billing records, security records, audit evidence, legal records, and other information where reasonably necessary or legally required. Data stored in backups may remain until overwritten through ordinary backup rotation unless earlier deletion is required and technically feasible under applicable law or written agreement.

31. Disclaimer of Warranties

Except for warranties that cannot lawfully be excluded and any express warranty in a separate written agreement, AXQA is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, AXQA disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, error-free operation, and compatibility with every system, network, device, browser, environment, or third-party service.

AXQA does not warrant that the service will detect every defect, vulnerability, regression, failure, data issue, configuration problem, or operational risk, or that all generated or automated outputs will be accurate or complete.

32. Limitation of Liability

To the fullest extent permitted by applicable law, AXQA and its directors, officers, employees, contractors, affiliates, and licensors will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, anticipated savings, data, or business interruption, arising out of or related to AXQA, even if advised that such loss may occur.

To the fullest extent permitted by applicable law, AXQA's aggregate liability arising out of or relating to the service, these Terms, and all related claims will not exceed the fees actually paid by the affected Customer to AXQA for the affected service during the three months immediately preceding the event giving rise to the first claim.

These exclusions and limits do not apply to liability that cannot legally be excluded or limited. Nothing in these Terms excludes mandatory liability for fraud, intentional misconduct, or other liability to the extent applicable law prohibits its exclusion.

33. Customer Indemnification

To the fullest extent permitted by law, the Customer will defend, indemnify, and hold harmless AXQA and its directors, officers, employees, contractors, and affiliates from third-party claims, losses, liabilities, damages, penalties, and reasonable costs arising from: Customer Data; the Customer's violation of law or third-party rights; unauthorized testing or access; misuse of Smart Agent; Customer-configured APIs, targets, integrations, or credentials; material breach of these Terms; or acts of the Customer's Users, except to the extent the claim is caused by AXQA's own breach of law or express written obligation.

34. Compliance with Law, Sanctions, and Export Controls

Each party must comply with laws and regulations applicable to its performance under these Terms. Customers must not use AXQA where such use is prohibited by applicable sanctions, export controls, or other legal restrictions, or in a manner that would require AXQA to violate applicable law.

35. Force Majeure

Neither party is liable for delay or failure to perform obligations, other than payment obligations, to the extent caused by events beyond its reasonable control, including natural disasters, widespread internet or telecommunications failures, utility failures, war, terrorism, civil unrest, labor disruptions, governmental actions, epidemics, major cyber incidents not caused by the affected party's failure to use reasonable safeguards, or failure of critical third-party infrastructure beyond reasonable control.

36. Changes to These Terms

AXQA may amend these Terms from time to time, including to reflect changes in the service, security practices, business operations, legal requirements, or regulatory obligations. Unless applicable law or a signed written agreement requires otherwise, an updated version becomes effective when posted on the AXQA website or on the effective date stated in the updated Terms.

AXQA is not required to provide individual notice for routine, administrative, clarifying, non-material, security-related, feature-related, or legally required updates where individual notice is not required by applicable law. For material changes affecting legal rights or obligations, AXQA may provide additional notice through the platform, website, account notice, or email when required by applicable law or when AXQA reasonably determines additional notice is appropriate.

To the extent permitted by applicable law, continued use of AXQA after the effective date of updated Terms constitutes acceptance of the updated Terms. If you do not accept an update, you must stop using AXQA and may cancel future renewal in accordance with the applicable cancellation rules, without affecting amounts already due or non-waivable statutory rights.

37. Notices

AXQA may provide operational or legal notices through the platform, the website, the email address associated with the account, or another reasonable electronic method. Customers are responsible for maintaining a working administrative contact address. Formal notices required by a separate signed agreement must follow that agreement.

38. Assignment

The Customer may not assign or transfer these Terms or an Order without AXQA's prior written consent, except where a signed agreement states otherwise or applicable law requires otherwise. AXQA may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all assets related to the service, subject to applicable law.

39. No Partnership or Agency

These Terms do not create a partnership, joint venture, employment relationship, franchise, fiduciary relationship, or agency between AXQA and the Customer. Neither party may bind the other except as expressly agreed in writing.

40. Governing Law and Venue

These Terms are governed by the laws of the Federative Republic of Brazil, without regard to conflict-of-laws principles, unless a signed written agreement expressly provides otherwise.

To the fullest extent permitted by law, the courts of the City of São Paulo, State of São Paulo, Brazil, have exclusive jurisdiction over disputes arising from these Terms or AXQA. This venue clause does not override any non-waivable statutory venue or consumer protection right that applies to a particular party or dispute.

41. Entire Agreement, Waiver, and Severability

These Terms, together with applicable Orders, the Privacy Policy, the Cancellation and Refund Policy, and any signed written agreement expressly incorporated by reference, constitute the agreement governing the applicable use of AXQA. A failure to enforce a provision is not a waiver of that provision or any other right.

If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

42. Contact and Company Information

Questions about these Terms, billing, subscriptions, legal matters, security, or service use may be sent to:

AXQA TECHNOLOGY LTDA
CNPJ: 68.755.091/0001-09
São Paulo, SP, Brazil
Email: [email protected]