create-qa-architect 5.0.0

package/legal/terms-of-service.md

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+# Terms of Service
+
+**Effective Date:** November 22, 2025
+**Last Updated:** November 22, 2025
+
+## 1. Acceptance of Terms
+
+By installing, accessing, or using Create Quality Automation ("Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
+
+**Service Provider:** Brett Stark ("Company," "we," "our," or "us")
+**Contact:** [contact email needed]
+
+## 2. Description of Service
+
+Create Quality Automation is a command-line tool that provides:
+
+- Code quality automation (linting, formatting, pre-commit hooks)
+- Dependency monitoring and management
+- Security scanning capabilities
+- GitHub Actions workflow generation
+- Project configuration templates
+
+## 3. License and Intellectual Property
+
+### 3.1 License Grant
+
+We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms and your subscription plan (Free, Pro, or Enterprise).
+
+### 3.2 Intellectual Property Rights
+
+- **Our Rights:** All software, documentation, trademarks, and proprietary methods remain our exclusive property
+- **Your Rights:** You retain all rights to your source code and project files
+- **Restrictions:** You may not reverse engineer, decompile, or create derivative works of our Service
+
+### 3.3 Feedback
+
+Any suggestions, feedback, or improvements you provide become our property and may be incorporated into the Service without compensation.
+
+## 4. User Responsibilities and Restrictions
+
+### 4.1 Acceptable Use
+
+You agree to use the Service only for lawful purposes and in accordance with these Terms. You will NOT:
+
+- Use the Service for any illegal, harmful, or unauthorized purpose
+- Attempt to gain unauthorized access to our systems or other users' data
+- Interfere with or disrupt the Service's functionality
+- Use the Service to develop competing products or services
+- Share your account credentials with others
+- Exceed usage limits specified in your subscription plan
+
+### 4.2 Account Security
+
+- You are responsible for maintaining the confidentiality of your account credentials
+- You are liable for all activities that occur under your account
+- You must notify us immediately of any unauthorized use of your account
+
+### 4.3 Compliance
+
+You are responsible for ensuring your use of the Service complies with all applicable laws, regulations, and third-party rights.
+
+## 5. Subscription Plans and Payment
+
+### 5.1 Subscription Tiers
+
+- **Free Tier:** Basic features as described in our documentation
+- **Pro Tier:** $39/month with advanced features
+- **Enterprise Tier:** $197/month with premium support and features
+
+### 5.2 Payment Terms
+
+- **Billing Cycle:** Monthly subscription charges
+- **Payment Method:** Processed securely through Stripe
+- **Auto-Renewal:** Subscriptions automatically renew unless cancelled
+- **Price Changes:** 30-day advance notice for subscription price increases
+
+### 5.3 Refunds and Cancellation
+
+- **Cancellation:** You may cancel anytime through your account settings
+- **Effective Date:** Cancellation effective at end of current billing cycle
+- **No Refunds:** All payments are non-refundable except as required by law
+- **Downgrade:** Pro/Enterprise accounts revert to Free tier upon cancellation
+
+## 6. Service Availability and Support
+
+### 6.1 Service Availability
+
+- **Uptime Goal:** We strive for high availability but make no guarantees
+- **Maintenance:** Scheduled maintenance windows may cause temporary unavailability
+- **Third-Party Dependencies:** Service depends on npm, GitHub, and other external services
+
+### 6.2 Support
+
+- **Free Tier:** Community support through GitHub issues
+- **Pro Tier:** Email support with 48-hour response time goal
+- **Enterprise Tier:** Priority support with 24-hour response time goal
+
+## 7. DISCLAIMERS AND LIMITATION OF LIABILITY
+
+### 7.1 SERVICE WARRANTIES DISCLAIMED
+
+THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
+
+- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
+- UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION
+- ACCURACY, RELIABILITY, OR COMPLETENESS OF RESULTS
+- COMPATIBILITY WITH YOUR SYSTEMS OR SOFTWARE
+
+### 7.2 LIMITATION OF LIABILITY
+
+TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR:
+
+- **DIRECT DAMAGES:** Exceeding the amount you paid in the 12 months preceding the claim
+- **INDIRECT DAMAGES:** Including but not limited to lost profits, data loss, business interruption, or consequential damages
+- **THIRD-PARTY CLAIMS:** Arising from your use of the Service
+- **FORCE MAJEURE:** Events beyond our reasonable control
+
+### 7.3 MAXIMUM LIABILITY
+
+OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
+
+## 8. Indemnification
+
+You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
+
+- Your use or misuse of the Service
+- Your violation of these Terms
+- Your violation of any third-party rights
+- Any content or data you submit through the Service
+
+## 9. Data and Privacy
+
+### 9.1 Data Processing
+
+- **Your Data:** You retain ownership of your project files and source code
+- **Service Data:** We may collect usage analytics as described in our Privacy Policy
+- **Security:** We implement reasonable security measures but cannot guarantee absolute security
+
+### 9.2 Data Loss
+
+- **Backup Responsibility:** You are solely responsible for backing up your data
+- **No Backup Guarantee:** We are not responsible for data loss or corruption
+- **Service Limitations:** Free tier includes no data recovery services
+
+## 10. Termination
+
+### 10.1 Termination by You
+
+You may terminate your account at any time by cancelling your subscription.
+
+### 10.2 Termination by Us
+
+We may terminate or suspend your access immediately, without prior notice, if you:
+
+- Breach these Terms
+- Engage in fraudulent or illegal activities
+- Abuse or misuse the Service
+- Fail to pay subscription fees
+
+### 10.3 Effect of Termination
+
+Upon termination:
+
+- Your right to use the Service ends immediately
+- You remain liable for all charges incurred prior to termination
+- Sections 3, 7, 8, 11, and 12 survive termination
+
+## 11. Modifications to Terms
+
+### 11.1 Changes to Terms
+
+We reserve the right to modify these Terms at any time. Changes will be effective:
+
+- **Material Changes:** 30 days after notice via email
+- **Non-Material Changes:** Immediately upon posting
+
+### 11.2 Continued Use
+
+Your continued use of the Service after changes constitutes acceptance of the new Terms.
+
+## 12. General Provisions
+
+### 12.1 Governing Law
+
+These Terms are governed by the laws of [State/Country needed], without regard to conflict of law principles.
+
+### 12.2 Jurisdiction
+
+Any disputes arising from these Terms will be resolved exclusively in the courts of [Jurisdiction needed].
+
+### 12.3 Severability
+
+If any provision of these Terms is deemed invalid, the remaining provisions remain in full force and effect.
+
+### 12.4 Entire Agreement
+
+These Terms, together with our Privacy Policy, constitute the entire agreement between you and us.
+
+### 12.5 Force Majeure
+
+We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, or government actions.
+
+### 12.6 Assignment
+
+You may not assign your rights under these Terms. We may assign our rights to any affiliate or successor.
+
+### 12.7 No Waiver
+
+Our failure to enforce any provision does not constitute a waiver of that provision.
+
+## 13. Contact Information
+
+For questions about these Terms:
+
+- **Email:** [contact email needed]
+- **Subject:** "Terms of Service Inquiry"
+- **Response Time:** 5 business days
+
+**Mailing Address:**
+[Physical address needed for legal compliance]
+
+---
+
+_These Terms of Service provide comprehensive legal protection and comply with standard SaaS industry practices. Last reviewed on November 22, 2025._