Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern access to and use of InspectoQMS (the "Service"), provided by Pinkney Technologies LLC ("Pinkney Technologies," "we," "us," or "our"). By creating an account, logging in, or otherwise using the Service, you agree to be bound by these Terms on behalf of yourself and the organization you represent ("Customer" or "you").

2. The Service

InspectoQMS is a hosted, multi-tenant quality management system intended to help manufacturing and aerospace/defense-adjacent organizations track inspections, nonconformances, corrective actions, supplier quality, calibration, training, and related quality records.

InspectoQMS is a record-keeping and workflow tool. It does not itself certify Customer's compliance with AS9100D, ITAR, EAR, DFARS, CMMC, or any other standard or regulation. Customer remains solely responsible for its own compliance obligations, for the accuracy of data it enters into the Service, and for determining whether its use of the Service satisfies its regulatory or contractual requirements.

3. Accounts and Access

• Customer is responsible for all activity under its account, including the actions of its users, and for maintaining the confidentiality of login credentials.
• Customer must promptly notify us of any suspected unauthorized access to its account.
• We may suspend access to protect the Service or other customers' data if we reasonably believe an account is compromised or being used in violation of these Terms.

4. Customer Data

• Customer retains all ownership rights to the data it uploads or enters into the Service ("Customer Data"). We claim no ownership over Customer Data.
• Customer grants us the right to host, store, process, and transmit Customer Data solely as necessary to provide and support the Service.
• Customer represents that it has the right to submit its Customer Data, including any export-controlled technical data, and is solely responsible for complying with all applicable export control laws (including ITAR and EAR) with respect to data it uploads.
• Upon written request following termination, we will make Customer Data available for export for a reasonable period, after which it may be deleted per our data retention practices described in the Privacy Policy.

5. Subscriptions, Fees, and Billing

• The Service is billed on a recurring subscription basis through our payment processor, Stripe. By subscribing, Customer authorizes recurring charges to its payment method until the subscription is cancelled.
• Fees are described at the time of subscription and are subject to change with reasonable advance notice.
• Customer may cancel its subscription at any time; cancellation takes effect at the end of the then-current billing period unless otherwise stated. Fees already paid are non-refundable except as required by law or as we otherwise agree in writing.

6. Acceptable Use

Customer agrees not to:

• Use the Service for any unlawful purpose or in violation of any applicable export control, sanctions, or data protection law;
• Attempt to gain unauthorized access to the Service, other tenants' data, or underlying infrastructure;
• Interfere with or disrupt the integrity or performance of the Service;
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent applicable law prohibits this restriction.

7. Availability and Support

We aim to keep the Service available and will make reasonable efforts to notify Customer of planned maintenance windows. During the pilot phase, no specific uptime commitment or formal Service Level Agreement is offered; this will be revisited as the Service matures.

8. Confidentiality

Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information of similar nature, and not to disclose it to third parties except as needed to perform under these Terms or as required by law.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will meet Customer's specific regulatory or certification requirements.

10. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising out of or relating to these Terms or the Service. Each party's total aggregate liability arising out of these Terms will not exceed the fees paid by Customer to us in the twelve (12) months preceding the event giving rise to the claim.

11. Termination

Either party may terminate these Terms if the Service is cancelled per Section 5. We may suspend or terminate access immediately for a material breach of these Terms, including non-payment or a violation of Section 6 (Acceptable Use).

12. Changes to These Terms

We may update these Terms from time to time. We will make reasonable efforts to notify active customers of material changes. Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-laws principles, and the parties consent to the exclusive jurisdiction of the state and federal courts located in Maryland for any dispute arising out of these Terms.

14. Contact

Questions about these Terms can be sent to chris@pinkneytechnologies.com.