Terms of Service — SaaS
Last updated: 2026-02-26
Article 1 — Purpose and Acceptance
These Terms of Service (hereinafter "the Terms") govern the access to and use of the Delta-QA SaaS service (hereinafter "the Service"), 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 Provider"). By subscribing to the Service, the professional client (hereinafter "the Client") acknowledges having read these Terms and accepts them without reservation. The Service is reserved for professional use. The Client warrants that they are acting within the scope of their professional activity.
Article 2 — Description of the Service
The Delta-QA SaaS Service is a visual regression testing platform accessible via a web browser. It enables the Client to record test scenarios, replay them automatically, compare visual results, and collaborate as a team. The exact functional scope of the Service is described in the documentation available at docs.delta-qa.com and in the purchase order signed by the Client.
Article 3 — Access, Hosting, and Availability
The Provider grants the Client a limited, non-exclusive, and non-transferable right to access the Service for the duration of the contract. The Service is hosted on Google Cloud Platform (GCP) infrastructure. Data may be processed in data centers located outside the European Union (see Article 7 — Data Transfer). The Provider undertakes to ensure Service availability of 99.5% per calendar month, excluding scheduled maintenance operations. Maintenance operations are scheduled between 9:00 PM and 7:00 AM (Paris time) and notified to the Client with a minimum of 48 hours' notice, except in cases of emergency. In the event of failure to meet this availability commitment, the Client may request a credit proportional to the excess downtime.
Article 4 — Client Obligations
The Client undertakes to: (a) use the Service in accordance with its intended purpose and these Terms; (b) not attempt to access the Provider's systems or networks in an unauthorized manner; (c) maintain the confidentiality of their login credentials and immediately inform the Provider in the event of compromise; (d) not use the Service to upload or process unlawful, defamatory, infringing content or content that violates the rights of third parties; (e) comply with the usage limits specified in their plan (number of users, scenarios, comparisons). The Client is solely responsible for the use of the Service by their authorized users.
Article 5 — Client Data
Data uploaded, generated, and stored by the Client within the Service (screenshots, scenarios, test results, configurations) remains the exclusive property of the Client. The Provider acquires no rights over such data and shall not use it for any purpose other than the performance of the Service. Upon contract termination, the Provider undertakes to return all Client data in a standard format (JSON/ZIP) within thirty (30) days from the end of the contract. After this period, data will be permanently and securely deleted.
Article 6 — 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, the Provider acts as a data processor within the meaning of the GDPR for the processing of the Client's personal data. The personal data processed includes: last name, first name, email address, and login credentials of users. The legal basis for processing is the performance of the contract. The retention period for personal data corresponds to the duration of the contract plus twelve (12) months. The Provider undertakes to: (a) process data solely for the purposes of the Service and upon documented instructions from the Client; (b) guarantee data confidentiality; (c) implement appropriate technical and organizational measures (TLS 1.2+ encryption in transit, AES-256 encryption at rest, access control, logging); (d) notify the Client of any data breach within 72 hours; (e) assist the Client in fulfilling data subjects' rights. Data subjects have the right of access, rectification, erasure, portability, restriction, and objection by contacting the DPO at: dpo@delta-qa.com.
Article 7 — Data Transfer Outside the EU
The Client is informed that the Service is hosted on Google Cloud Platform (GCP) infrastructure, whose data centers may be located outside the European Economic Area, particularly in the United States. This transfer is governed by the Standard Contractual Clauses (SCCs) of the European Commission (Implementing Decision (EU) 2021/914 of 4 June 2021), incorporated into the data processing agreement (DPA) concluded between the Provider and Google. The Provider undertakes to inform the Client of any material change to the transfer safeguards and to take the necessary additional measures in accordance with the recommendations of the European Data Protection Board (EDPB). The Client may obtain a copy of the SCCs upon simple request to dpo@delta-qa.com.
Article 8 — Intellectual Property
The Delta-QA Service, its source code, object code, algorithms, graphical interface, documentation, trademarks, and logos are and remain the exclusive property of the Provider, protected by the Code de la propriété intellectuelle and international conventions. The Client shall not copy, reverse engineer, decompile, disassemble, redistribute, or make any unauthorized use of the Service. These Terms confer no intellectual property rights in the Service upon the Client.
Article 9 — Confidentiality
Each party undertakes to keep strictly confidential all technical, commercial, or financial information disclosed by the other party in connection with the contract (hereinafter "Confidential Information"). This confidentiality obligation does not apply to information that: (a) was already in the public domain; (b) becomes public through no fault of the receiving party; (c) was legitimately known prior to its disclosure; (d) is required to be disclosed by law or a competent authority. This confidentiality obligation applies for the entire duration of the contract and for a period of three (3) years after its termination.
Article 10 — Limitation of Liability
The Provider is bound by an obligation of best efforts (obligation de moyens). The Provider 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. In any event, the total liability of the Provider under these Terms, for all causes combined, is limited to the total amount actually paid by the Client during the twelve (12) months preceding the event giving rise to the claim.
Article 11 — Pricing and Payment
The prices applicable to the Service are those stated in the purchase order or quotation signed by the Client. Prices are expressed in euros, exclusive of taxes. Applicable VAT is added at the prevailing rate. Invoices are issued monthly or annually depending on the plan subscribed and are payable within thirty (30) days from the invoice date by bank transfer. In the event of late payment, late payment penalties at three times the statutory interest rate shall apply automatically, together with a fixed recovery indemnity of €40 in accordance with articles L.441-10 and D.441-5 of the Code de commerce. The Provider reserves the right to suspend access to the Service in the event of non-payment after a formal notice (mise en demeure) has remained unanswered for fifteen (15) days.
Article 12 — Term, Termination, and Reversibility
The contract is concluded for an initial term of twelve (12) months from the Service activation date, with automatic renewal for successive periods of twelve (12) months. Either party may terminate the contract at the end of the current term by notifying the other party by registered letter with acknowledgment of receipt or by email with read receipt, with three (3) months' notice prior to the renewal date. In the event of a material breach by either party of its obligations, the other party may terminate the contract as of right thirty (30) days after sending a formal notice (mise en demeure) that has remained unanswered. In the event of termination, the Provider ensures the reversibility of the Service: return of Client data in a standard format (JSON/ZIP) within thirty (30) days. The Provider assists the Client with migration to an alternative solution during a transition period of sixty (60) days.
Article 13 — Force Majeure
Neither party shall be held liable for any failure to perform its contractual 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. The party invoking force majeure must notify the other party within five (5) days and take all reasonable measures to mitigate its effects. If the force majeure event continues for more than ninety (90) days, either party may terminate the contract without indemnity.
Article 14 — Modification of the Terms
The Provider reserves the right to modify these Terms. Any material modification shall be notified to the Client by email at least thirty (30) days before it takes effect. If the Client does not accept the modifications, they may terminate the contract without penalty within this thirty (30) day period. Failure to terminate within this period constitutes acceptance of the new Terms.
Article 15 — 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. For any questions: contact@delta-qa.com. 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.