Evaficy Smart Test ("the Service", "the Platform") is provided by EVAFICY S.R.L., a company registered in Romania. By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree, you must not use the Service.

Evaficy Smart Test is a cloud-based software testing platform that enables users to create, manage, and execute test scenarios for software quality assurance. The Service is provided as a Software-as-a-Service (SaaS) application accessible via web browsers.

You agree to use the Service only for its intended purpose — software test management and quality assurance activities. You shall not:

• Use the Service for any unlawful, fraudulent, or malicious purpose
• Attempt to gain unauthorized access to the Service, other accounts, or related systems
• Interfere with or disrupt the integrity or performance of the Service
• Use automated tools, bots, or scrapers to access the Service without prior written consent
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Upload or transmit any malicious code, viruses, or harmful content
• Use the Service to store or process data that violates applicable laws or third-party rights

To use certain features of the Service, you must create an account. You must be at least 18 years of age to register. You agree to:

• Provide accurate and complete information during registration
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

EVAFICY S.R.L. reserves the right to suspend or terminate accounts that violate these Terms, engage in abusive behavior, or remain inactive for an extended period.

The Service offers multiple subscription tiers including a free Basic plan and paid plans (Advanced and Enterprise). Paid plans include a 30-day free trial period. After the trial period, your subscription will automatically renew on a monthly basis at the applicable rate unless cancelled before the renewal date.

EVAFICY S.R.L. reserves the right to modify pricing at any time. Existing subscribers will be notified of price changes at least 30 days before they take effect. Continued use of the Service after a price change constitutes acceptance of the new pricing.

All payments are processed securely through Stripe, a third-party payment processor. EVAFICY S.R.L. does not store, process, or have access to your full credit card details. All payment data is handled in accordance with Stripe's security standards and PCI-DSS compliance.

By subscribing to a paid plan, you authorize Stripe to charge your payment method on a recurring monthly basis. You are responsible for keeping your payment method up to date. If a payment fails, we will attempt to collect payment and may suspend or downgrade your account if the issue is not resolved.

For Stripe's terms and privacy practices, please visit stripe.com/legal.

In accordance with the EU Consumer Rights Directive (2011/83/EU), consumers have the right to withdraw from a distance contract within 14 days without giving any reason. All paid plans include a 30-day free trial, which exceeds the 14-day withdrawal period. During the trial, you may cancel at any time without being charged, thereby fully exercising your right of withdrawal at no cost.

Once the trial period ends and billing begins, all payments are final and non-refundable. You may cancel your subscription at any time. Upon cancellation, your account will be immediately downgraded to the Basic plan and access to paid features will end. No partial or prorated refunds will be issued for unused portions of a subscription period.

You may deactivate your account at any time through the Settings page. Upon deactivation:

• Your active subscription (if any) will be cancelled and billing will stop
• Your account will be soft-deleted and can be reactivated by logging in and choosing to reactivate
• Projects you own may be transferred to other team members or deleted if no eligible member exists

EVAFICY S.R.L. reserves the right to permanently delete data associated with deactivated accounts after a reasonable retention period. We are not obligated to retain your data indefinitely.

The Service, including its design, code, branding, logos, and documentation, is the exclusive property of EVAFICY S.R.L. and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during your subscription period.

Content you create using the Service (test scenarios, projects, and related data) remains your property. By using the Service, you grant EVAFICY S.R.L. a limited license to store, process, and display your content solely for the purpose of providing the Service to you.

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

EVAFICY S.R.L. does not warrant that:

• The Service will be uninterrupted, error-free, or available at all times
• Defects will be corrected within a specific timeframe
• The Service will meet your specific requirements or expectations
• Any data stored on the Service will be preserved indefinitely

EVAFICY S.R.L. makes reasonable efforts to keep the Service operational and available. However, to the maximum extent permitted by applicable law, EVAFICY S.R.L. shall not be liable for:

• Any data loss, corruption, or unauthorized access resulting from abuse, misuse, hacking, or any use of the Service contrary to these Terms
• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, business opportunities, or goodwill
• Service interruptions caused by circumstances beyond our reasonable control, including but not limited to internet outages, server failures, natural disasters, or third-party service issues

In no event shall the total liability of EVAFICY S.R.L. exceed the amount paid by you for the Service during the twelve (12) months preceding the event giving rise to the claim.

EVAFICY S.R.L. strives to maintain the Service available as much as possible but does not guarantee any specific uptime percentage or service level agreement (SLA). Scheduled maintenance, updates, and unforeseen technical issues may result in temporary unavailability.

We collect and process personal data necessary to provide the Service, including your email address, name, and usage data. We are committed to protecting your privacy in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

We do not sell, rent, or share your personal data with third parties for marketing purposes. Data may be shared with service providers (such as Stripe for payments and hosting providers) solely for the purpose of operating the Service.

EVAFICY S.R.L. reserves the right to modify these Terms at any time. Material changes will be communicated to registered users via email or through a notice on the Service. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

These Terms shall be governed by and construed in accordance with the laws of Romania. Any disputes arising from or in connection with these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the competent courts in Iasi, Romania.

For questions, concerns, or legal inquiries regarding these Terms and Conditions, please contact us at:

EVAFICY S.R.L.
Email: services@evaficy.com