Terms of Service — SaaS
Last updated: 2026-08-07
Article 1 — Purpose and Acceptance
These General Terms of Use (hereinafter the "Terms") govern access to and use of the Delta-QA SaaS service (hereinafter the "Service"), published by LAYA CONSEIL, a French limited liability company (SARL) with share capital of €1, registered with the Pontoise Trade and Companies Register under SIREN number 824 031 082, SIRET 824 031 082 00012, EU VAT number FR49824031082, with registered office at 5 D Rue des Plants Verts, 95000 Cergy, France (hereinafter the "Provider"). By subscribing to the Service, the business customer (hereinafter the "Client") acknowledges having read these Terms and accepts them without reservation. The Service is intended exclusively for professional use: it is a software engineering tool for visual regression testing, designed to be integrated into continuous integration pipelines and quality assurance processes of organisations that develop or operate web applications. Its purpose, its features, its pricing model based on a monthly volume of checkpoints and its multi-user collaboration arrangements exclude any domestic use or any use unconnected with a professional activity. By subscribing, the Client declares that it is acting in the course of its commercial, industrial, craft, professional or agricultural activity, and acknowledges that these Terms do not fall within the scope of consumer law. The contract is concluded at a distance, at the Client’s initiative, from the Service application area; it constitutes neither an off-premises contract nor a contract concluded following canvassing. These Terms are drawn up in French; in the event of any discrepancy between the French version and any translation thereof, the French version shall prevail.
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 of access to the Service for the term of the contract. The Service is hosted in France, on the infrastructure of OVH SAS. Client data is stored and processed exclusively within the European Union (see Article 7 — Data Location and Transfers). The Provider undertakes to ensure Service availability of 99.5% per calendar month, excluding scheduled maintenance. Maintenance operations are scheduled between 9 p.m. and 7 a.m. (Paris time) and notified to the Client with a minimum of 48 hours’ notice, except in an emergency. In the event of failure to meet this availability commitment, the Client may request a credit proportionate 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. The Client warrants that, for each address (URL) submitted to the Service, it holds the rights and authorisations necessary to have screenshots and automated tests carried out thereon, and that it will not use the Service to analyse websites or applications belonging to third parties without their authorisation. The Client shall not upload to the Service, or have the Service process, personal data falling within Article 9 of Regulation (EU) 2016/679 (special categories of data), nor health, banking or official identification data; it is the Client’s responsibility to use anonymised or fictitious test data sets. The Provider may immediately suspend access to the Service, without notice, in the event of a breach of this article, of manifestly abusive use, or of a load compromising the stability of the Service, and shall inform the Client without delay. The Client shall indemnify the Provider against any third-party claim arising from a breach of this article.
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. The arrangements for the return, portability and erasure of data at the end of the contract are governed by Article 13 hereof.
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. The Provider is authorised to engage sub-processors for the performance of the Service; as at the date hereof, these include OVH SAS (hosting in France and mail relay) and Stripe (payment processing), the complete and up-to-date list being provided on request to dpo@delta-qa.com. The Provider shall inform the Client of any addition or replacement of a sub-processor at least thirty (30) days before it is implemented; the Client may object on legitimate grounds and, failing a solution, terminate the contract free of charge within that period. The Provider imposes on each sub-processor data protection obligations equivalent to those set out herein and remains liable for their performance. The Provider makes available to the Client all information necessary to demonstrate compliance with the obligations of Article 28 GDPR and allows for audits, including inspections, by the Client or an auditor mandated by it, limited to one audit per calendar year, subject to thirty (30) days’ notice and at the Client’s expense, unless the audit reveals a material breach. At the end of the contract, the Client chooses between the return and the deletion of personal data; failing instructions within the periods provided for in Article 13, the Provider shall delete them.
Article 7 — Data Location and Transfers
The Service is hosted in France, on the infrastructure of OVH SAS. Data uploaded, generated and stored by the Client within the Service — screenshots, scenarios, test results and configurations — is stored and processed exclusively within the European Union and is not transferred to any third country. The Provider uses no hosting provider subject to extraterritorial legislation capable of granting its authorities access to Client data. By way of exception, only the data strictly necessary for payment processing (billing contact identity, billing address, VAT number, transaction history) is processed by Stripe Payments Europe Limited, established in Ireland, which may transfer some of that data to the United States. That transfer is governed by the European Commission’s Standard Contractual Clauses (Implementing Decision (EU) 2021/914 of 4 June 2021) incorporated into the contract between the Provider and Stripe. No screenshot, scenario or test result is transmitted to that provider. The Provider shall inform the Client of any material change to the location of the data or to the transfer safeguards at least thirty (30) days before it is implemented. The Client may obtain a copy of the Standard Contractual Clauses on 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. The foregoing limitations shall not apply: (a) in the event of wilful misconduct or gross negligence on the part of the Provider; (b) in the event of personal injury; (c) to infringements of third-party intellectual property rights attributable to the Provider; (d) to compensation owed to data subjects under Article 82 of Regulation (EU) 2016/679. Nor shall they apply to the Client’s payment obligations. Any action arising under these Terms must, failing which it shall be time-barred, be brought within twelve (12) months of the occurrence of the triggering event, in accordance with Article 2254 of the French Civil Code.
Article 11 — Pricing and Payment
The rates applicable to the Service are those published on the delta-qa.com website for plans subscribed online, or those set out in the quote or purchase order accepted by the Client. Prices are stated in euros excluding tax; applicable value added tax is added at the rate in force. For clients established in another Member State of the European Union and holding a valid EU VAT number, the tax is reverse-charged by the Client in accordance with Article 196 of Directive 2006/112/EC. Payment by card: the subscription is payable in advance, by automatic charge to the registered card, on the first day of each billing period; the corresponding invoice is made available in the Organization tab of the application. Payment on invoice: where the Service is subscribed by quote or purchase order, invoices are payable within thirty (30) days of the invoice date by bank transfer. In the event of late payment, late payment penalties at a rate of three times the statutory interest rate shall apply as of right, together with a fixed recovery indemnity of €40 in accordance with Articles L.441-10 and D.441-5 of the French Commercial Code. The consequences of non-payment are governed by Article 12. The Provider may change its rates; any rate change is notified to the Client at least thirty (30) days before it takes effect, takes effect only from the following billing period, and entitles the Client to terminate free of charge under the conditions of Article 12.
Article 12 — Term, Termination, and Effects of Non-Payment
Subscription purchased online by payment card: the subscription is entered into without any commitment period, for a one (1) month billing period renewed by tacit agreement from month to month. The Client may terminate at any time from the Organization tab of the application, without cause, without charge and without formality. Termination takes effect at the end of the current billing period; the Service remains fully accessible until that date. Amounts paid in respect of the current period remain acquired by the Provider, no pro rata refund being due. The Client may cancel its termination request for as long as the current period has not expired. Subscription purchased by quote or purchase order: the contract is concluded for the term stated in the accepted quote, renewed by tacit agreement for successive periods of the same duration. Either party may end it by notifying the other by email or by registered letter with acknowledgment of receipt, subject to two (2) months' notice before the end of the current period. The Provider informs the Client of the upcoming renewal at least sixty (60) days before the expiry date. Termination for breach: 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. Effects of non-payment: failing payment when due, the Client account is automatically reduced to the limits of the free plan, in particular the monthly checkpoint quota and the associated features including single sign-on; Client data is retained and full access is restored as soon as payment is regularised. The Provider may terminate the contract after a formal notice that has remained unanswered for fifteen (15) days.
Article 13 — Reversibility, Portability, and Erasure of Data
In accordance with Regulation (EU) 2023/2854 of 13 December 2023 (the "Data Act"), the Client may at any time request the transfer of its data and digital assets to another data processing service provider or to its own infrastructure. The maximum notice period for initiating this process is two (2) months. The transfer is carried out without undue delay and no later than thirty (30) calendar days after the end of the notice period; the Client may extend this transitional period once, for the duration it considers appropriate. Where the transfer within this period is technically unfeasible, the Provider informs the Client within fourteen (14) working days of the request, stating the reasons for that unfeasibility, and proposes an alternative period not exceeding seven (7) months. During the transitional period, the Provider maintains the continuity of the Service and the applicable level of security, provides the Client with reasonable assistance and informs it of identified risks. At the end of the transitional period, the Client has a further period of at least thirty (30) calendar days to retrieve its data, exported in a structured, commonly used and machine-readable format (JSON, ZIP archive). Upon expiry of this retrieval period, the Provider proceeds with the full and definitive erasure of the Client data and digital assets, with the exception of records whose retention is required of the Provider by law, in particular accounting records and invoices retained for ten (10) years pursuant to Article L.123-22 of the French Commercial Code, as well as data retained by the payment service provider under its own legal obligations. No charge is levied in respect of the transfer beyond the costs directly incurred by the Provider and objectively attributable to the switching operation concerned; from 12 January 2027, the transfer is entirely free of charge.
Article 14 — 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 15 — 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 16 — 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. The provisions of Articles 5, 6, 8, 9, 10, 13 and 16 shall survive the expiry or termination of the contract for their own respective terms. If any provision hereof is declared void or deemed unwritten, the remaining provisions shall retain their full force and effect.