
Terms & Conditions
1. Parties & Agreement
These Terms & Conditions (this “Agreement”) are a binding agreement between Golden Goose Tech LLC, doing business as QAWrangler, a California limited liability company ("Company"), and the client identified in an Order, SOW, or online checkout ("Client"). This Agreement governs Client’s access to and use of Company’s website(s), client portal(s), and related quality assurance services (the "Services"). If Client does not agree, Client must not access or use the Services.
2. Definitions
"Deliverables": test plans, test cases, automated test scripts, bug reports, dashboards, and other work products created specifically for Client under this Agreement.
"Company Tools": pre-existing frameworks, libraries, templates, utilities, and know-how used to provide the Services.
"Client Materials": Client code, content, data, designs, brand assets, environments, credentials, and documentation provided to Company.
"Order": any mutually agreed sign-up, SOW, or online checkout specifying tier, fees, start date, and special terms.
3. Services & Scope
3.1 Service Model. Company provides manual and exploratory testing, regression testing, test automation (e.g., Ghost Inspector, Cypress, Playwright, Appium), API testing (Node.js, SuperTest, Postman), accessibility checks, and reporting.
3.2 Coverage & Devices. Testing occurs across real devices (iOS, Android, Mac) and virtualized coverage via BrowserStack (desktop + mobile browsers, common OS versions). Unless Client specifies otherwise, standard coverage includes iOS and Android on real devices plus Chrome on macOS and Edge on Windows; broader matrices are available on request.
3.3 API Testing Services. Company conducts API testing using Node.js, SuperTest, and Postman to efficiently execute and manage automated API tests. This includes:
* Validation and Quick Debugging: complete validation of endpoints with fast debugging to identify and resolve issues quickly.
* Detailed and Actionable Reports: clear insights into response times, performance, and reliability.
* Facilitating Informed Decision-Making: enabling teams to optimize APIs and make confident, data-driven decisions.
3.4 Out-of-Scope. Unless expressly included in an Order/SOW: database testing; privacy/compliance audits; performance/load/stress testing; penetration testing or vulnerability scanning; and cross-system integration testing are out-of-scope. High-risk testing that could impact production requires prior written authorization by Client.
3.5 Tooling Dependencies. Certain automation requires Client-provided subscriptions/tenancy (e.g., Ghost Inspector, device farms, TestRail/Qase/Jira). Client is responsible for licensing costs and platform availability.
3.6 Requests & Workflow. Client may submit requests via Trello, Jira, or another agreed ticket system. For Jira, moving issues to “IN QA” and assigning them to Company triggers work. Client will include acceptance criteria, links, credentials, and assets needed to test.
3.7 Throughput & Timelines. Typical turnaround: minor UI/cosmetic checks within 24 hours; standard reviews (light test case management, complex manual QA, light automation updates) within 24–48 hours; strategic automation or new suites ~48 hours or more. Throughput is a planning target—not a guarantee—and depends on access, environment stability, and Client responsiveness.
3.8 Rush Requests. Company can accommodate urgent requests subject to availability. For a limited time, Rush Service is complimentary for active subscribers.
3.9 Third-Party Platforms. Company may use providers like GitHub/GitLab, CI/CD, Slack/Teams, MailSlurp, Listrak APIs, and BrowserStack. Those providers control their own pricing, uptime, and terms.
4. Client Responsibilities
4.1 Access & Environments. Client will provide timely access to staging/test environments, feature branches, APIs, sandboxes, test accounts, device credentials, and documentation. Client remains responsible for environment uptime, data backups, and seed data.
4.2 Test Data. Client represents that test data shared with Company is appropriately de-identified or authorized for testing. Client will not provide production credentials or live PII/PHI without a signed Data Processing Addendum ("DPA").
4.3 Acceptable Use. Client will not request testing that violates laws, third-party terms, or industry rules (e.g., CAN-SPAM, TCPA, platform anti-abuse). For load/stress testing or email sends to real users, Client must provide prior written authorization and suppression rules.
4.4 Cooperation. Client will designate a primary contact and respond to clarifications within a reasonable time. Delays in access or approvals may shift deliverable dates.
4.5 User Representations. By engaging the Services, Client confirms they have the authority to enter this Agreement, are at least 18 years old, and will not misuse the Services or platform.
5. Intellectual Property; Licensing
5.1 Ownership of Deliverables. Upon full payment, Client owns Deliverables expressly created for Client (e.g., test plans, test cases, bug reports, and custom automated scripts authored for Client’s repositories). Where Deliverables include Company Tools, those elements remain Company IP and are licensed per Section 5.2.
5.2 Company Tools License. Company retains all rights to frameworks, libraries, templates, and know-how used to provide the Services. Subject to payment and compliance, Company grants Client a perpetual, non-exclusive, non-transferable license to use Company Tools as embedded in the Deliverables for Client’s internal QA and CI/CD. Stand-alone reuse or sublicensing of Company Tools is not permitted.
5.3 Client Materials. Client retains all rights in Client Materials and grants Company a limited license to use them solely to provide the Services.
5.4 Third-Party Licenses. Deliverables may reference third-party dependencies or subscriptions. Client is responsible for obtaining necessary licenses for production use. Company will notify Client of any known non-transferable or fee-based items.
6. Confidentiality & Publicity
6.1 Confidential Information. Each party may receive non-public information from the other. The receiving party will use it only to perform under this Agreement and protect it with at least reasonable care. Exclusions: information that is public, already known without duty, independently developed, or rightfully received from a third party.
6.2 NDA. If the parties execute a mutual NDA, that NDA controls in the event of conflict with this Section.
6.3 Portfolio Use. Company may display non-confidential deliverables (e.g., screenshots, anonymized dashboards) in its portfolio or marketing materials unless Client provides written notice or an NDA prohibiting disclosure.
7. Data Protection & Security
7.1 Security Measures. Company maintains reasonable administrative, technical, and physical safeguards appropriate to the Services.
7.2 Test Data Boundaries. Client will provide de-identified or authorized test data. Client will not provide production credentials or live PII/PHI absent a signed DPA.
7.3 Incident Notice. Company will notify Client without undue delay after confirming a security incident affecting Client Materials within Company’s control and will cooperate reasonably in remediation.
7.4 Data Retention. Upon termination or request, Company will delete or return Client Materials within 30 days unless retention is legally required. Test data and credentials are removed from systems after project completion.
7.5 Compliance Limits. Company is not a legal, compliance, or security auditor and does not provide legal/regulatory advice.
8. Fees, Billing, Refunds, Pauses
8.1 Fees. Fees are set forth in the applicable Order (subscription tier or SOW) and are due in advance.
8.2 Late Payments. Overdue amounts may accrue interest at the lesser of 1.5%/month or the maximum allowed by law. Client is responsible for taxes and processor fees.
8.3 Refunds. No refunds will be issued due to the nature of the Services. If Company elects, in its sole discretion, to grant a refund during the first billing period, Deliverables and partial work product remain Company property and may not be used by Client; processor fees are non-refundable.
8.4 Pauses. Billing cycles use a 31-day period. Client may pause and bank remaining days for later use within 90 days of the original term, subject to scheduling availability. Subscriptions can be paused at most once per week on Fridays to avoid billing issues.
9. Term; Termination
9.1 Term. This Agreement begins on the Effective Date and continues while any Order is active.
9.2 Termination for Convenience. Either party may terminate an Order with 30 days’ written notice; fees already paid are non-refundable.
9.3 Termination for Cause. Either party may terminate for material breach if not cured within 10 days after written notice.
9.4 Right to Refuse Service. Company reserves the right to refuse service, suspend access, or terminate accounts at its sole discretion if a Client’s conduct is abusive, uncooperative, or violates this Agreement.
9.5 Effect of Termination. Client will pay all fees due through the termination effective date. Subject to Section 5.2, Company will deliver the then-current Deliverables upon request. Sections intended to survive (including 5, 6, 7, 8, 9.5, 11–17) survive termination.
9.6 Independent Contractor Relationship. Nothing herein shall be construed to create an employer-employee relationship, partnership, or joint venture. Company provides Services as an independent contractor.
10. Website & Platform Terms
10.1 Intellectual Property in Site Content. All content, copy, graphics, and UI/UX elements on QAWrangler.com and associated dashboards remain the exclusive property of Golden Goose Tech LLC. Copying, modifying, or exploiting them for commercial use without permission is prohibited.
10.2 Availability & Interruptions. Company strives for high availability but does not guarantee uninterrupted access to portals or integrations, which may depend on third-party providers (e.g., BrowserStack, Retool, Slack). Interruptions or outages do not constitute a breach.
10.3 Prohibited Use. Automated scraping, reverse engineering, unauthorized linking, or attempts to bypass access controls are strictly prohibited.
10.4 Feedback Ownership. Suggestions or feedback about the Services may be used by Company without obligation or compensation.
11. Disclaimers (Critical Risk Allocation)
THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TESTING IS SAMPLING-BASED AND DOES NOT GUARANTEE THAT ALL DEFECTS, REGRESSIONS, SECURITY ISSUES, OR INTEGRATION FAILURES WILL BE DISCOVERED. REPORTS AND RECOMMENDATIONS ARE FOR INFORMATIONAL PURPOSES ONLY; CLIENT IS SOLELY RESPONSIBLE FOR ENGINEERING DECISIONS, FIX PRIORITIZATION, RELEASE MANAGEMENT, COMPLIANCE, AND PRODUCTION OPERATIONS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY; (B) COMPANY WILL NOT BE LIABLE FOR ANY DEFECTS, FAILURES, OUTAGES, MISCONFIGURATIONS, OR NON-COMPLIANCE IN CLIENT’S PRODUCTS, SYSTEMS, OR THIRD-PARTY SERVICES; AND (C) EXCEPT FOR FEES DUE, BREACH OF CONFIDENTIALITY, OR INDEMNIFICATION OBLIGATIONS, EACH PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNTS PAID BY CLIENT TO COMPANY UNDER THE APPLICABLE ORDER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. Indemnification
13.1 By Company. Company will defend and indemnify Client against third-party claims alleging that Deliverables (excluding Client Materials and third-party components) infringe U.S. IP rights, provided Client promptly notifies Company, gives control of the defense to Company, and cooperates reasonably. If infringement is found or likely, Company may modify the Deliverables, procure a license, or refund prepaid fees for the impacted portion.
13.2 By Client. Client will defend and indemnify Company from claims, damages, fines, and costs (including reasonable attorneys’ fees) arising from: (a) Client Materials; (b) Client’s products, services, systems, or data practices; (c) Client’s use of the Services contrary to law or this Agreement; or (d) instructions provided by Client. For clarity, Company is not responsible for losses arising from production incidents, outages, regressions, or compliance failures in Client’s environment.
13.3 Non-Solicitation. Client agrees not to solicit or attempt to hire Company’s personnel or contractors during the term of this Agreement and for 12 months thereafter.
14. Force Majeure
Company shall not be liable for delays or failures in performance caused by events beyond its reasonable control, including acts of God, natural disasters, power or Internet outages, platform failures, or illness.
15. Governing Document Hierarchy
If any conflict arises between this Agreement, a Statement of Work (SOW), or a Non-Disclosure Agreement (NDA), the SOW controls with respect to scope and deliverables, and this Agreement controls for all other matters.
16. Modification of Terms
Company may modify these Terms, pricing, or policies at any time. Material updates will be reflected by a revised “Last Updated” date. Continued use of the Services after such update constitutes acceptance of the new Terms.
17. Governing Law; Dispute Resolution
This Agreement is governed by the laws of the State of California, without regard to conflicts rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Ventura County, California. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
18. Miscellaneous
This Agreement, together with the Order, any SOW, NDA, and DPA (if applicable), constitutes the entire agreement and supersedes prior proposals. If any provision is unenforceable, the remainder stays in effect. Neither party may assign without the other’s consent, except that either party may assign to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets. No waiver is effective unless in writing. Nothing herein creates a partnership, joint venture, or employment relationship.
19. Privacy Policy
By using QAWrangler.com, Client agrees to the practices described in Company’s Privacy Policy, which is incorporated herein by reference.
20. Contact
Questions may be sent to: support@qawrangler.com or by mail to:
Golden Goose Tech LLC
4325 Avenida Simi
Simi Valley, CA 93063
OPTIONAL ADDENDA
Addendum A – Service Level Targets: Response to critical blockers (4 business hours), nightly CI runs, PR checks, and weekly summary dashboards.
Addendum B – Data Processing Addendum (DPA): roles, categories, security measures, incident notice, and data deletion.
Addendum C – Portfolio Opt-Out: Clients may opt out of Section 6.3 (portfolio display) via written notice.