ALLURE TESTOPS Terms and Conditions of Sale

Published: October 16, 2026

The most recent prior version of these Terms and Conditions of Sale is available in the Purchase Terms (September 1, 2022).

These Terms and Conditions of Sale (referred to as the "Purchase Terms" or the "Agreement") represent a binding agreement between QAMETA SOFTWARE INC. (the “Vendor”, “Qameta”) and the entity purchasing Products from Qameta for resale to a specifically identified End User (the "Partner"). Qameta and the Partner are each a "Party" and together the "Parties."

"End User" means the customer identified in a Quote and an Accepted PO as the authorized end user of the Products. "Products" means the Vendor’s software (“Allure TestOps”), subscriptions, support, and related offerings identified in a Quote/PO.

1. Contract hierarchy and incorporation clause.

1.1. Every sale of Products is subject to the following order of precedence:

1. Any applicable Reseller, Distributor, or Partner agreement between Qameta and the Partner that establishes the applicability of these Purchase Terms (the “Framework Agreement”) or a separate signed agreement for the transaction;
2. These Purchase Terms; and
3. The corresponding Accepted PO.

1.2. A transaction document (such as a "Purchase Order" or "PO") becomes an "Accepted PO" only when Qameta provides acceptance in writing. Execution and delivery through telecopy, facsimile, email, or other electronic means shall be treated as equivalent to an original signature and execution in written form. For an Accepted PO, the agreement governing that sale (as per Section 1.1.) becomes effective on the date of Qameta's written acceptance.

1.3. If a Partner places an order (Purchase Order) these Purchase Terms automatically become part of the deal. The PO will apply to the relevant commercial details, such as price, quantity, products, and billing or delivery information. Any other PO terms will apply only if expressly agreed in writing and signed by both parties. Any additional or different terms contained in, attached to, or referenced by the Partner's purchase order or procurement system are rejected and do not apply.

1.4. If the parties have a separate signed agreement for the transaction, these Purchase Terms do not apply to the extent they conflict with such signed agreement. The agreement becomes effective on the effective date/countersignature of the separate agreement for the transaction.

1.5. Qameta may update these Purchase Terms at any time, notifying the Partner 30 days in advance. However, the version posted on the website at the time of the acceptance of the PO governs that specific transaction.

1.6. Entire Agreement. Subject to the control of any separately signed agreement, as set forth in the Section 1.4. of these Purchase Terms, these Purchase Terms, the Accepted PO and any amendments thereto together set forth the entire understanding of the Parties with respect to the subject matter hereof and supersede any and all other prior and contemporaneous agreements and understandings, whether oral, written or implied, if any, between the Parties with respect to the subject matter hereof.

2. Obligations Regarding End User

2.1. Software License Terms/GTCs Acceptance: The use of the Product by the End User is regulated by the Allure TestOps Software License Terms (“Software License Terms”) or Allure TestOps General Terms and Conditions (“GTCs”).

THE PARTNER IS OBLIGED TO INFORM END USERS OF THE SOFTWARE LICENSE TERMS OR THE GTCS PRIOR TO THE PURCHASE OF THE VENDOR’S SOFTWARE AND MUST ENSURE THAT EVERY AGREEMENT WITH AN END USER INCLUDES A COMMITMENT TO COMPLY WITH THE SOFTWARE LICENSE TERMS/GTCS.

2.2. Limitations of warranty and liability towards the End User.

THE PARTNER SHALL SECURE EACH END USER’S WRITTEN ACKNOWLEDGEMENT THAT THE LIMITATIONS OF THE VENDOR’S WARRANTY AND LIABILITY AS CONTAINED IN THE SOFTWARE LICENSE TERMS OR THE GTCS ARE REASONABLE AND ACCEPTED BY THE END USER PRIOR TO ANY SALE.

However, the Partner’s failure to inform the End User shall not operate as a waiver of the Vendor’s limitation of warranty and liability.

2.3. Consistency with Agreement. The Partner must avoid making any commitments, warranties, or representations about the Product that are inconsistent with or contradict these Purchase Terms or the Framework Agreement, Vendor's current written documents, including the Vendor's Software License Terms and the GTCs.

2.4. Authority Limitation. The Partner does not have any authority to offer or negotiate any terms of a warranty with an End User. The Partner is prohibited from pursuing, waiving, or compromising any of the Vendor’s rights concerning the End User or other parties.

2.5. Acknowledgment of Responsibilities. The Partner agrees that any commitments made on the Vendor's behalf in agreements between the Partner and the End User do not create binding obligations for the Vendor toward the End User.

3. Standard Transaction Sequence

3.1. Quotes: Upon request by the Partner for a designated End User, Qameta shall issue a formal price estimation (“Quote”).

An issued Quote serves as preliminary data for informational use. It does not constitute an offer.

3.2. Purchase Order: The Partner places an order or submits a formal Purchase Order (PO) to Qameta. Subject to section 1.3. hereof, any terms or conditions attached to or set forth or referenced in any Purchase Order shall be of no force or effect.

3.3. Approval: Qameta reviews the PO and has five (5) working days to (i) accept or reject it and (ii) issue the invoice.

3.4. Payment and Delivery: Once the PO is accepted and payment is received, Qameta transfers the product account data/license key to the Partner.

3.5. Purchase Order Validity. A Purchase Order, once approved, remains valid for one (1) month. If not executed within this timeframe, it is nullified, requiring the Partner to submit a new Purchase Order or negotiate an extension with Qameta.

3.6. Cancellation. The Partner may cancel any Purchase Order for Products within three (3) business days after Qameta has received the Purchase Order. Such cancellation shall not relieve the Partner of its obligation to pay for all Products specified in the canceled Purchase Order if the license key was already provided.

3.7. Product Transfer. The Vendor will transfer the account data necessary for downloading the Product, either by providing a direct download link or by granting access to a data repository upon receipt of payment or if otherwise stated by the Parties in writing.

The End User is responsible for managing the downloading, installation, and activation of the Product.

4. Pricing

4.1. Price Adjustment. All pricing is subject to change unless specified in a PO accepted in writing by the Vendor ("Confirmed Pricing").

Except for Confirmed Pricing, the Vendor reserves the right to adjust prices for reasons including market condition shifts, Product unavailability, or product discontinuation. The Vendor may also modify discounts, incentives, and other price-related terms.

4.2. Currency and Taxes: All prices in the Vendor’s current price list are listed in U.S. dollars and do not include taxes, levies, tariffs, or duties that may become due in connection with the purchase of the Products by the Partner or respective end user.

4.3. Reverse Charge Mechanism: Where the Vendor is not obligated to charge value-added or other similar taxes, the Partner may be required to self-assess value-added or other similar taxes under a reverse charge mechanism and handle all reporting requirements.

5. Warranty And Liability

5.1. General. The Vendor disclaims all warranties to the fullest extent permitted by law as described in its Software License Terms and/or GTCs. The liability for all claims related to the Vendor’s Product is also governed by the Software License Terms/GTCs.

5.2. Limitation of Liability. To the fullest extent permitted by law, the Vendor shall not be liable to the Partner or any End User for: any loss of production, loss of profits or revenue, loss of use, loss of data, business interruption, or for any special, indirect, punitive, incidental, or consequential damages of any kind, whether arising in contract, tort (including negligence), strict liability, or otherwise, even if the Vendor has been advised of the possibility of such damages.

5.3. Maximum Liability. If the Vendor is found liable, the maximum liability of the Vendor, its affiliates, and any of their personnel hereunder, arising from any theory of liability, will not exceed fifty percent (50%) of the total amount paid for the Purchase Order giving rise to the claim.

6. Miscellaneous.

6.1. Attorney Fees and Expenses. Except as otherwise provided herein, in any claim or dispute under these Purchase Terms, the prevailing Party will be entitled to an award by the arbitrators or the court, as applicable, of reasonable attorneys' fees and related out-of-pocket costs and disbursements.

6.2. Counterparts. The Purchase Order and any other transaction documents may be executed in multiple counterparts, each of which shall be deemed original, and both together shall constitute one and the same instrument.

6.3. Electronic Execution. Execution and delivery through telecopy, facsimile, email, or other electronic means shall be treated as equivalent to an original signature and execution in written form.

6.4. Force Majeure. The parties shall not be held liable, and shall not be deemed to have breached their obligations under these Purchase Terms or the Transaction Document by reason of any delay or failure in performance caused in whole or in part by any circumstances beyond its reasonable control, including, without limitation, the following: accidents, fires, floods, severe weather, or other acts of God or nature; sabotage, riot, insurrection, war or other acts or threatened acts of violence or terrorism; embargoes, quarantine restrictions, changing laws or regulations or other government actions or requirements; carrier, labor or supplier interruptions or stoppages, or other third party delays; equipment or network outages or failures ("Force Majeure Event"). In the event of a Party's delay or failure in performance due to a Force Majeure Event, such Party agrees to make commercially reasonable efforts to minimize the hindering effect of such Force Majeure Event and resume performance in line with commercially reasonable standards.

6.5. Posted Descriptions. Any descriptions of Products, support or services displayed or posted other than in a Transaction Document, including without limitation on this or any other website or mobile application, are excluded from and do not constitute a part of the agreement or, except as expressly specified in the Accepted PO, the respective PO.

6.6. Severability. If any provision of the PO, a transaction document or these Purchase Terms is found to be invalid, illegal, or unenforceable, such finding shall not have any effect on any other provision. It is the intent and agreement of the Parties hereto that in the event of such finding, the respective terms shall be deemed amended either by modification of such provision to the extent necessary to render such provision valid, legal, and enforceable, while preserving its intent, or, if such modification is not possible, by substitution of such provision with another provision that is valid, legal, and enforceable and that achieves the same objective.

6.7. Survival. In the event of the expiration or termination of the Accepted PO, those provisions whose nature, meaning or intent indicate an expectation of survival shall survive.

6.8. Notices. Notices to the Vendor should be sent to [email protected] via email. Notices to the Partner may be provided to the email address provided at registration or to the email address of the Partner’s contact.

Either party may update its address with notice to the other party and is responsible for keeping its email address accurate and up to date.

Qameta Software Inc,
10427 North St Ste 101
Fairfax, VA 22030