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Terms of Service — Free Desktop

Article 1 — Purpose and Acceptance

These Terms of Service (hereinafter "the Terms") govern the use of the Delta-QA Desktop application (hereinafter "the Software"), published by LAYA CONSEIL, SARL with share capital of 1 €, registered with the RCS of Pontoise under SIREN number 824 031 082, SIRET 824 031 082 00012, intra-community VAT FR49824031082, with its registered office at 5 D Rue des Plants Verts, 95000 Cergy (hereinafter "the Publisher"). By downloading, installing, or using the Software, the user (hereinafter "the User") acknowledges having read these Terms and accepts them without reservation. If the User does not accept these terms, they must refrain from downloading, installing, or using the Software.

Article 2 — License of Use

The Publisher grants the User a free, non-exclusive, non-transferable, and revocable license to use the Software for professional or personal use. This license does not entail any transfer of ownership. The User shall not: (a) reverse engineer, decompile, disassemble, or attempt to extract the source code of the Software; (b) modify, adapt, translate, or create derivative works of the Software; (c) redistribute, sublicense, rent, or lend the Software to third parties; (d) use the Software for unlawful purposes or purposes contrary to these Terms. The Publisher reserves the right to revoke this license at any time in the event of non-compliance with these terms.

Article 3 — Personal Data Protection

In accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and French law no. 78-17 of 6 January 1978, as amended (loi Informatique et Libertés), the Publisher informs the User that the Software collects anonymous usage data (usage frequency, operating system version, Software version) on the legal basis of the Publisher's legitimate interest (improvement of the Software). No personal data is collected or transmitted. This collection may be disabled at any time in the application settings. Screenshots, test scenarios, and results generated by the User are stored exclusively on their local machine and are never transmitted to the Publisher. The User has the right of access, rectification, erasure, portability, restriction, and objection to the processing of their data by contacting the Publisher at: dpo@delta-qa.com.

Article 4 — Intellectual Property

The Delta-QA Software, including without limitation its source code, object code, graphical interface, documentation, algorithms, databases, trademarks, and logos, is and remains the exclusive property of the Publisher, protected by the Code de la propriété intellectuelle and international copyright conventions. Any reproduction, representation, modification, or exploitation not expressly authorized by these Terms constitutes infringement punishable under articles L.335-2 et seq. of the Code de la propriété intellectuelle.

Article 5 — Limitation of Warranty

The Software is provided "as is." The Publisher does not warrant that the Software will be free from errors, bugs, or interruptions. The Publisher undertakes to use its best efforts to correct reported defects, without this constituting an obligation of result. As the Software is provided free of charge, the User acknowledges that the level of support and maintenance is provided on a courtesy basis and may be modified or discontinued at any time.

Article 6 — Limitation of Liability

To the extent permitted by law, the Publisher shall not be held liable for indirect damages, including but not limited to: loss of data, loss of revenue, loss of customers, damage to reputation, commercial or financial loss, resulting from the use or inability to use the Software. In any event, the total liability of the Publisher under these Terms shall not exceed the sum of one hundred (100) euros.

Article 7 — Force Majeure

The Publisher shall not be held liable for any failure to perform its obligations resulting from a force majeure event as defined by article 1218 of the Code civil, including but not limited to: natural disasters, pandemics, wars, acts of terrorism, strikes, power grid or telecommunications failures, cyberattacks, governmental or regulatory decisions.

Article 8 — Modification of the Terms

The Publisher reserves the right to modify these Terms at any time. Modifications take effect upon publication on the delta-qa.com website. The User is advised to review the Terms regularly. Continued use of the Software after modification of the Terms constitutes acceptance of the new terms.

Article 9 — Governing Law and Jurisdiction

These Terms are governed by French law. In the event of a dispute relating to the interpretation, performance, or termination of these Terms, the parties undertake to seek an amicable resolution within thirty (30) days from notification of the dispute by registered letter with acknowledgment of receipt. Failing amicable agreement, the dispute shall be submitted to the exclusive jurisdiction of the Tribunal de Commerce de Pontoise, notwithstanding multiple defendants or third-party claims.

Article 10 — Contact

For any questions regarding these Terms: contact@delta-qa.com. For any questions regarding personal data protection: dpo@delta-qa.com. LAYA CONSEIL — SARL with share capital of 1 € — SIREN 824 031 082 — Registered office: 5 D Rue des Plants Verts, 95000 Cergy.