Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and MCX Services, LLC ("MCX Services," "we," "us," or "our"), a Colorado limited liability company headquartered in Denver, Colorado.

By accessing or using our websites (mcxservices.com and qxproveit.com), engaging our consulting services, or using the QXProveIt software quality management platform, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, you may not access or use our services.

2. Description of Services

MCX Services provides the following services:

• QA Consulting Services: Professional consulting in software quality assurance, including QA organizational assessments, process optimization, test strategy development, embedded QA leadership, and related advisory services.
• QXProveIt Platform: An AI-powered software quality management SaaS platform providing automated requirements generation, test case creation, CVE scanning, compliance documentation, and related quality management capabilities across multiple programming languages and compliance frameworks.
• Websites: Informational websites at mcxservices.com and qxproveit.com providing information about our services, blog content, and contact functionality.

The specific terms governing platform subscriptions, consulting engagements, and enterprise agreements may be set forth in separate agreements, statements of work, or order forms. In the event of conflict between these Terms and a separate written agreement, the separate written agreement governs with respect to its subject matter.

3. Accounts and Registration

Access to the QXProveIt platform and certain features of our websites requires account registration. When creating an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials.
• Promptly notify us at support@mcxservices.com of any unauthorized use of your account or any other security breach.
• Accept responsibility for all activities that occur under your account.

You may not share account credentials with others outside your authorized organization, create accounts using false identity information, or create accounts on behalf of another person without their authorization. We reserve the right to terminate accounts that violate these requirements.

4. Platform Subscriptions and Billing

Access to the QXProveIt platform is provided on a subscription basis. Subscription terms, pricing, and seat allocations are specified in your order form or subscription agreement.

• Billing: Subscription fees are billed in advance on the cycle specified in your subscription agreement (monthly or annual). All fees are due upon invoice.
• Payment: Payment is processed through Authorize.net via Chase Paymentech. By providing payment information, you authorize us to charge the applicable fees to your payment method.
• Seat limits: Your subscription includes a defined number of authorized seats. Seat limits are enforced by the platform. Exceeding seat limits may result in automatic upgrade to the applicable tier.
• Auto-renewal: Subscriptions automatically renew at the end of each billing period unless cancelled prior to renewal. Annual subscriptions must be cancelled at least 30 days before the renewal date to avoid charges for the renewal period.
• Price changes: We may modify subscription pricing with 30 days written notice. Continued use of the platform after the effective date of a price change constitutes acceptance of the new pricing.

5. Refund Policy

Monthly subscriptions may be cancelled at any time. No refunds are provided for partial months of service.

Annual subscriptions may be cancelled within 30 days of initial purchase for a full refund less any applicable processing fees, provided the platform has not been actively used for production workloads. After 30 days, annual subscriptions are non-refundable.

Consulting engagements are governed by the refund terms specified in the applicable statement of work or consulting agreement. In the absence of specific terms, deposits are non-refundable and hours worked are billed regardless of project cancellation.

6. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our services to violate any applicable law, regulation, or third-party rights.
• Attempt to gain unauthorized access to any portion of our services, systems, or networks.
• Introduce malicious code, viruses, or other harmful content into our systems.
• Use our services to transmit unsolicited communications or spam.
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the QXProveIt platform.
• Reproduce, duplicate, copy, sell, or resell any portion of our services without express written permission.
• Use automated means to access our services in a manner that places unreasonable load on our infrastructure.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Use our services to develop competing products or services.

We reserve the right to suspend or terminate access for violations of this acceptable use policy, with or without notice, at our sole discretion.

7. Intellectual Property

Our intellectual property: All content, software, designs, trademarks, and other intellectual property on our websites and within the QXProveIt platform are owned by MCX Services, LLC or our licensors. These Terms do not grant you any ownership interest in our intellectual property. You may not use our trademarks, logos, or brand elements without prior written permission.

Your content and code: You retain all ownership rights to source code, intellectual property, and other content you submit through our services. By submitting content, you grant us a limited license to process that content solely as necessary to provide the requested services. We do not claim ownership of your code or generated artifacts.

Generated artifacts: Requirements documents, test cases, compliance reports, and other artifacts generated by the QXProveIt platform from your code are owned by you. MCX Services retains no rights to these generated artifacts beyond what is necessary to operate the platform.

Feedback: If you provide suggestions, ideas, or feedback about our services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or obligation to you.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and to use such information only for purposes of performing obligations or exercising rights under these Terms. Confidential information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known to the receiving party before disclosure; (c) is rightfully received from a third party without restriction; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party.

We treat all source code and proprietary technical information submitted through the QXProveIt platform as confidential. Our air-gapped deployment architecture is designed so that customer code is processed within the customer's designated environment and is not transmitted to or stored on MCX Services infrastructure.

9. Disclaimers and Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or secure; that defects will be corrected; or that the platform will meet your specific requirements. Outputs generated by the QXProveIt platform, including test cases, requirements documents, and compliance reports, are provided for informational and operational purposes and do not constitute legal, compliance, or security advice. You are responsible for reviewing generated outputs and making independent determinations about their accuracy and applicability.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MCX SERVICES, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless MCX Services, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our services in violation of these Terms; (b) your violation of any applicable law or third-party rights; or (c) any content you submit through our services that infringes third-party intellectual property rights.

12. Term and Termination

These Terms remain in effect as long as you use our services. Either party may terminate the relationship governed by these Terms at any time.

We may suspend or terminate your access to our services immediately, with or without notice, if we determine that you have violated these Terms, that your use poses a security risk, or that continuation of service is not commercially feasible.

Upon termination of platform subscriptions, your access to the platform ceases at the end of the paid period. You are responsible for exporting any data you wish to retain before termination. We will retain your data for 30 days following termination, after which it may be deleted in accordance with our data retention practices.

Sections 7 (Intellectual Property), 8 (Confidentiality), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Governing Law) survive termination.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page with a revised "Last updated" date. For significant changes, we will provide additional notice such as an email notification to registered platform users at least 14 days before the changes take effect.

Your continued use of our services after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to modified Terms, you must discontinue use of our services before the effective date of the changes.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings conducted in Denver, Colorado. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction in Denver, Colorado to prevent irreparable harm pending arbitration. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. General Provisions

Entire agreement: These Terms, together with any applicable order forms, subscription agreements, or statements of work, constitute the entire agreement between you and MCX Services regarding their subject matter and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including natural disasters, acts of government, power failures, internet disruptions, or other events outside the affected party's reasonable control.

16. Contact Information

For questions about these Terms or our services, please contact us: