Terms of Use

Section 1: Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of qesaas.com (the "Site") and the marketing pages, contact forms, and methodology documents published on it. The Site is operated by QESaaS ("QESaaS," "we," "us," or "our"), an independent quality engineering practice.

By accessing the Site, submitting an inquiry, or otherwise engaging with us, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.

Section 2: Scope & Eligibility

• The Site is intended for businesses, professionals, and litigation teams. It is not directed at consumers and is not directed at children under 13.
• You must be at least 18 years old and have authority to bind the entity on whose behalf you contact us.
• By submitting an inquiry, you represent that the information you provide is accurate and that you are not providing materials subject to a confidentiality obligation that would be violated by sharing them.
• The Site references services available in the United States. QESaaS does not undertake engagements requiring jurisdiction-specific licensure outside the U.S.

Section 3: Description of Services

QESaaS offers four productized professional services:

• Pre-Launch QA Audit — Independent senior quality engineering review of a consumer product before shipment. Documentation- and data-driven; does not include physical product testing.
• Expert Witness — Quality engineering expert services for product liability, recall, and quality-system disputes; subject to conflict check.
• FDA 483 / Warning Letter Response — Formal response drafting and CAPA planning against FDA Form 483 observations or Warning Letters issued to medical device firms.
• ISO 13485 / 9001 Audit Prep — External lead-auditor mock audit, gap report, and corrective-action plan in advance of a registrar's certification or recertification visit.

Service descriptions, methodology, and scope limits published on the Site are summaries — engagement-specific scope is set out in the engagement letter (Section 4).

Section 4: Engagement Letters Govern

Each professional engagement is performed under a signed engagement letter (or written scope-and-fee agreement) that sets out scope, deliverables, fees, payment terms, timing, and engagement-specific confidentiality, IP, and dispute-resolution provisions.

Where any conflict exists between (a) these Terms or any Site content and (b) an executed engagement letter, the engagement letter controls for that engagement. Site content is informational and does not by itself create a contract for services. No engagement begins until both parties have signed a written engagement letter or scope agreement and any required retainer or initial payment has been received.

Section 5: Fees & Payment

• Pre-Launch QA Audit — Fixed-price engagement at the rate published on the service page at the time of engagement. Standard split: 50% on engagement, 50% on delivery.
• Expert Witness — Hourly rate billed against a per-case retainer. Rates set during the initial case-fit call after conflict clearance. Travel and expedited scheduling priced separately.
• FDA 483 Response & ISO Audit Prep — Fixed-fee or capped-fee engagement, quoted in writing after the free scoping call once scope is understood.
• Initial scoping calls. Free of charge, typically 30 minutes. No engagement begins without a signed engagement letter and any required initial payment.
• Invoicing. Invoices are payable within the period specified in the engagement letter. Past-due amounts may accrue interest as permitted by applicable law and as stated in the engagement letter.
• Refunds. Fees for completed work are non-refundable except as expressly provided in the engagement letter or required by applicable law.
• Expenses. Reasonable, documented out-of-pocket expenses (travel, lodging, document reproduction) are billed at cost unless the engagement letter states otherwise.

Section 6: Confidentiality & NDAs

QESaaS treats engagement materials as the client's confidential information. A mutual non-disclosure agreement (NDA) is available before any engagement materials are exchanged; clients may use the QESaaS one-page template or supply their own. Engagement-letter confidentiality terms supplement or replace these provisions on a per-engagement basis.

Information you submit through the Site contact form or in an unsolicited email is treated as described in our Privacy Policy. Submitting information through the Site does not, by itself, create a confidential relationship; please request an NDA before transmitting sensitive material.

Section 7: Conflicts & Independence

• Conflict checks. Expert-witness inquiries are subject to conflict check before substantive case discussion. QESaaS will not consult or testify for opposing parties in the same matter.
• Independence. QESaaS is not paid commissions by manufacturers, suppliers, testing labs, registrars, or law firms for referrals. Findings reflect what the documents and federal data actually show.
• Subcontractors. If an engagement requires an additional credentialed engineer, that subcontractor is engaged only with the client's prior written authorization and is bound by equivalent confidentiality obligations.

Section 8: Acceptable Use of the Site

Permitted use: Reading the Site, reviewing the published methodology and service descriptions, and contacting QESaaS in good faith about a possible engagement.

Prohibited activities:

• Unlawful use or use that violates any applicable law or regulation
• Unauthorized access to our systems or networks
• Use of bots, scrapers, or automated tools to mass-harvest Site content (other than well-behaved indexing by major search engines)
• Reverse engineering, disassembling, or attempting to extract source code or non-public methodology beyond what is published
• Removing proprietary notices, trademarks, or attribution
• Uploading or transmitting malware, viruses, or malicious code
• Reselling or redistributing Site content as your own
• Submitting false or misleading information through the contact form

Section 9: Intellectual Property

The Site — including text, graphics, logos, the "QESaaS" name, the "QESaaS" mark, the "QA Audit" methodology framework as published, page designs, and code — is owned by or licensed to QESaaS and protected by copyright, trademark, and other intellectual property laws.

Limited license. You are granted a limited, non-exclusive, non-transferable, revocable license to view the Site for personal, non-commercial reference and for evaluating QESaaS as a potential service provider. No other rights are granted.

Engagement deliverables. Ownership of and license to engagement deliverables (reports, CAPA plans, gap reports, expert reports, case-evidence dossiers) is governed by the applicable engagement letter. Absent a contrary written term, QESaaS retains ownership of its underlying methodology, templates, and know-how, and grants the client a perpetual, non-transferable license to use the delivered work product for its intended business or litigation purpose.

Public-domain data. Government recall data published by CPSC, FDA, USDA, and NHTSA is in the public domain. QESaaS's compilation, enrichment, and presentation of that data — including its data pipelines and derivative analyses — remains QESaaS's intellectual property.

Feedback. If you submit non-confidential feedback or suggestions about the Site or QESaaS services, you grant QESaaS a perpetual, irrevocable, royalty-free license to use that feedback to improve its services.

Section 10: Privacy

How QESaaS handles personal information submitted through the Site or in connection with engagements is described in our Privacy Policy. By using the Site, you consent to the data practices described there.

Section 11: Disclaimers

Not legal, regulatory, or medical advice. Site content and methodology documents are general information about QESaaS's services. They are not legal advice, regulatory advice, or medical advice and do not establish an attorney–client, expert–client, or service-provider relationship until and unless an engagement letter is signed.

No outcome guarantee. No quality engineering review can guarantee that a product will not be recalled, that an FDA observation will be closed, that a registrar will issue certification, or that any litigation outcome will be obtained. QESaaS commits to applying senior judgment under the published methodology against the documents and data available; clients are responsible for their own product, regulatory, and litigation decisions.

Independently verify. Federal recall information referenced on the Site is sourced from CPSC, FDA, USDA, and NHTSA public records. For official, real-time recall information, refer directly to the issuing agencies (CPSC.gov, FDA.gov, USDA.gov, NHTSA.gov).

Section 12: Limitation of Liability

To the maximum extent permitted by applicable law, QESaaS and its members, employees, and authorized subcontractors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for:

• Lost profits, lost revenue, lost data, lost goodwill, or business interruption
• Recall costs, regulatory penalties, registrar findings, or litigation outcomes
• Reliance on Site content where no engagement letter has been executed
• Site interruptions, errors, or unavailability

Site-only liability cap. For any liability arising solely out of access to or use of the Site (and not under an engagement letter), QESaaS's total cumulative liability is limited to one hundred U.S. dollars ($100). Liability arising under an executed engagement letter is governed by the cap and exclusions stated in that engagement letter.

Section 13: Indemnification

You agree to indemnify, defend, and hold harmless QESaaS and its members, employees, and authorized subcontractors from any third-party claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of:

• Your violation of these Terms
• Your unauthorized access to or use of the Site
• Your violation of any third-party rights, including IP and confidentiality rights, in materials you submit
• Your false or misleading representations made in connection with an inquiry or engagement

Indemnification under an executed engagement letter is governed by that engagement letter.

Section 14: Dispute Resolution

Informal Resolution First

Before initiating any formal dispute relating to the Site, contact us at info@qesaas.com with a written description of the dispute and the resolution sought. The parties agree to attempt good-faith informal resolution within 30 days.

Binding Arbitration (Site Disputes)

If informal resolution fails, disputes arising from your use of the Site that are not resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with arbitration seated in Atlanta, Georgia, or such other location as the parties may agree. Judgment on the award may be entered in any court of competent jurisdiction.

Engagement Disputes

Disputes arising under an executed engagement letter are governed by the dispute-resolution provisions of that engagement letter (which may differ from these Terms).

Exceptions

Either party may bring claims that qualify in small claims court. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property or confidential information pending arbitration.

Class Action Waiver

To the extent permitted by applicable law, claims must be brought in an individual capacity only; class actions, class arbitrations, and representative actions are waived.

Section 15: Termination

Site access. QESaaS may modify, suspend, or discontinue the Site (or any part of it) at any time without notice. QESaaS may revoke your right to access the Site at any time for violation of these Terms.

Engagements. Termination of an engagement is governed by the engagement letter. Termination of an engagement does not by itself terminate confidentiality, IP, or limitation-of-liability provisions, which survive in accordance with their terms.

Survival. Sections 6 (Confidentiality), 9 (IP), 11 (Disclaimers), 12 (Liability), 13 (Indemnification), 14 (Dispute Resolution), and 16 (General Provisions) survive termination of these Terms.

Section 16: General Provisions

• Governing Law. These Terms are governed by the laws of the State of Georgia, U.S.A., without regard to its conflict-of-laws rules.
• Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and QESaaS regarding the Site, except where superseded by a signed engagement letter for a specific engagement.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full effect.
• No Waiver. Failure to enforce any provision is not a waiver of that provision.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a sale, merger, or assignment of the practice.
• Force Majeure. QESaaS is not liable for delays or failures caused by events outside its reasonable control.
• Notices. Notices to QESaaS may be sent to info@qesaas.com. Notices to you may be sent to the email or address you most recently provided.
• Headings. Section headings are for convenience only and do not affect interpretation.

Section 17: Changes to These Terms

QESaaS may modify these Terms from time to time. Material changes will be reflected in the "Last Updated" date at the top of this page. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms. For active engagements, the engagement letter — not Site changes — controls.

Section 18: Contact

Mailing Address:
QESaaS
Atlanta, GA · United States

Website: https://qesaas.com