Scope. These Terms govern Qvert websites and online Services. Installed software and browser extensions are also subject to the Qvert EULA. Purchases are additionally subject to the Sales and Refund Policy and any storefront terms.
1. Agreement and provider
These Website and Service Terms (“Terms”) govern access to and use of qvert.net and Qvert websites, hosted services, accounts, APIs, documentation, downloads, support resources, and connected online functionality (collectively, the “Services”). Qvert LLC, a Texas limited liability company, operates qvert.net and provides the Services (“Qvert” or “Provider”).
By accessing or using a Service, creating an account, authorizing a connection, or accepting these Terms during a transaction, you agree to these Terms. If you use a Service for an organization, you represent that you have authority to bind that organization. If a separate signed agreement expressly conflicts with these Terms, the signed agreement controls for that conflict.
2. Eligibility and authority
You must be legally able to enter a binding agreement and must use the Services only for accounts, systems, data, and environments that you own or are explicitly authorized to access. You are responsible for all activity under your account and for maintaining accurate account and contact information.
3. Accounts and security
You must protect credentials, authentication factors, recovery methods, API keys, tokens, and devices used with the Services. You must promptly report suspected unauthorized access and must not share credentials through ordinary support messages, public repositories, exports, or other unapproved channels. Provider may require additional verification or suspend access when reasonably necessary to protect the Services or another party.
4. Permitted use
Subject to these Terms and any applicable commercial agreement, Provider grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for their documented purpose during the applicable term. No ownership interest is transferred. Software distributed through the Services is licensed under the Qvert EULA or product-specific license.
5. Acceptable use
You must not use a Service to violate law or third-party rights; access systems without authorization; distribute malware; evade security controls; interfere with operation; conduct abusive scanning; misrepresent identity or authority; harvest credentials; overload infrastructure; resell access without permission; or obtain another customer’s data. Authorized security testing must remain within documented scope and applicable law.
You must not copy, scrape, frame, mirror, reverse engineer, or create derivative works from the Services except where applicable law prohibits the restriction or Provider gives written permission. Automated access must use an approved API or documented interface and respect published limits.
6. Customer Data and content
You retain rights in information you submit or direct a Service to process (“Customer Data”). You grant Provider the rights necessary to host, process, transmit, reproduce, and display Customer Data solely to operate, secure, support, and improve the applicable Service, comply with documented instructions, and meet legal obligations.
You represent that you have the rights, notices, permissions, and lawful basis necessary for Customer Data and instructions. You remain responsible for accuracy, legality, backups, and determining whether a Service is appropriate for the information involved.
7. Connected services and permissions
A Service may interoperate with Microsoft, Google, browser platforms, cloud providers, or other third parties. Their consent interfaces, permissions, agreements, availability, and privacy practices are controlled by those parties. You are responsible for reviewing requested access, applying least privilege, and revoking unnecessary access. Provider is not responsible for independent third-party outages, pricing, policy changes, or service decisions.
8. Technical outputs and customer review
Generated scripts, configurations, recommendations, reports, diagrams, estimates, security observations, and automated outputs may be incomplete, delayed, or incorrect. They are decision-support materials and not a substitute for qualified review. You are responsible for validating scope, dependencies, authorization, impact, rollback, backups, and results before applying a change or relying on an output.
9. Pre-release features
Preview, beta, experimental, or pre-release features may change, fail, or be removed without notice. They may contain defects and must not be the only record, backup, disaster-recovery mechanism, monitoring system, security control, or basis for an irreversible production action.
10. Intellectual property and feedback
The Services, software, designs, documentation, logos, models, interfaces, and technology are owned by Provider or its licensors and protected by intellectual-property law. Rights not expressly granted are reserved. If you voluntarily provide feedback, you grant Provider a worldwide, perpetual, irrevocable, royalty-free right to use it without identifying you or disclosing your confidential information.
11. Privacy
Information practices are described in the Qvert Privacy Policy and any applicable product-specific notice. Customers remain responsible for their own privacy notices, data-subject obligations, and lawful instructions concerning Customer Data.
12. Purchases and subscriptions
Prices, billing frequency, trial terms, renewal, taxes, cancellation, refunds, and entitlements are governed by the product listing, order, storefront terms, and Qvert Sales and Refund Policy. You must pay applicable amounts when due and maintain accurate billing information with the applicable seller or storefront.
13. Availability, support, and changes
Unless a separate written agreement states otherwise, Services are provided without a guaranteed service level, response time, recovery objective, or uninterrupted availability. Provider may modify, suspend, or discontinue a Service to maintain security, integrity, compliance, or operability and will use reasonable efforts to avoid unnecessary disruption.
14. Third-party content and open-source components
Services may include or link to third-party content, software, or open-source components governed by separate terms. Applicable third-party notices and licenses control those components. Links do not imply endorsement, and Provider is not responsible for third-party content or practices.
15. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, SOFTWARE, DOCUMENTATION, OUTPUTS, AND PRE-RELEASE FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PROVIDER DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, COMPLETE, CURRENT, OR ERROR-FREE.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER AND ITS PERSONNEL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. PROVIDER’S AGGREGATE LIABILITY ARISING FROM THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE FOR THE AFFECTED SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; IF NO AMOUNT WAS PAID OR PAYABLE, THE CAP IS ONE HUNDRED U.S. DOLLARS.
These exclusions and limits do not apply where prohibited by law or where a separate written agreement expressly states otherwise.
17. Indemnification
To the extent permitted by law, you will defend and indemnify Provider and its personnel against third-party claims, damages, and reasonable costs arising from your unlawful or unauthorized use, Customer Data, instructions, or material breach of Sections 2 or 5. Provider will promptly notify you and reasonably cooperate. You may not settle a claim in a way that admits fault by or imposes non-monetary obligations on Provider without written consent.
18. Suspension and termination
Provider may suspend or terminate access to address a security threat, unlawful use, material breach, nonpayment, risk to another customer, or material harm to a Service. You may stop using a Service and cancel as permitted by the applicable order or storefront. Obligations that by nature should survive will survive, including payment, confidentiality, ownership, disclaimers, indemnification, and liability limits.
19. Compliance
Each party is responsible for laws applicable to its conduct. You must comply with export-control, sanctions, anti-corruption, privacy, computer-access, and industry-specific requirements. The Services are not designed to independently satisfy every customer regulatory obligation.
20. Governing terms and disputes
The governing law, venue, and dispute procedure in an applicable order, statement of work, subscription, or master agreement control. If none is stated, Texas law governs, without regard to conflict-of-law rules, and proceedings must be brought in a state or federal court with jurisdiction where Qvert LLC maintains its principal place of business, to the extent permitted by law. Mandatory consumer protections remain unaffected.
21. Changes to these Terms
Provider may update these Terms as Services or legal obligations change. The effective date and version will be updated. Material changes will be communicated through the applicable Service, website, product listing, or established customer channel when reasonably practicable. Continued use after updated Terms take effect constitutes acceptance where permitted by law.
22. General
Neither party may assign these Terms without the other party’s consent except in connection with a merger, acquisition, reorganization, or sale of substantially all relevant assets. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. Failure to enforce is not a waiver. These Terms and incorporated agreements constitute the entire agreement on their subject matter.
23. Contact
Questions or legal notices may be sent to jmarshall@qvert.net. Security reports should follow the Security reporting process. Do not send credentials or sensitive customer data by ordinary email.