Term Of Use
Last Updated: Jan 1, 2025
Welcome to the QA AutoTest Accelerator / QA AutoTest Interviews.
To simplify future references, the term “QA AutoTest Accelerator” will be used throughout and will also implicitly include “QA AutoTest Interviews.” If at any point a distinction between the two is required, that can be clarified as needed.
These Terms of Use (“Terms”) govern your access to and participation in the QA AutoTest Accelerator one-time purchase educational program (the “Program”) provided by TopNam Academy LLC (“TopNam Academy,” “we,” or “us”). By enrolling in or using the Program, you agree to these Terms. If you do not agree, do not purchase or use the Program.
1. Eligibility and Enrollment
- Minimum Age: You must be at least 18 years old (or the age of majority in your jurisdiction) to enroll in the Program. By enrolling, you represent that you meet this age requirement.
- Personal Use Only: Enrollment is for a single individual. Your access to the Program is personal to you and non-transferable. You may not share your account or login credentials with anyone else (see Section 5 on Account Security).
- Accurate Information: You agree to provide true, current, and complete information during enrollment and to keep it up-to-date. TopNam Academy LLC reserves the right to suspend or terminate your access if we suspect false information or ineligibility.
- No Competing Use: You may not enroll in the Program for competitive analysis or other improper purposes. The Program is intended for educational personal development only.
2. Program Access and One-Time Payment
- One-Time Purchase (3 Months Access): The Program is offered on a one-time purchase basis (a single upfront fee). There are no recurring subscription charges for this Program. Payment of the full Program fee is required at the time of enrollment to gain access to the training content and tools.
- Pricing and Taxes: All fees are stated in U.S. dollars (USD) unless otherwise indicated. Prices do not include any applicable taxes or payment processing fees, which you are responsible for paying.
- Payment Processing: Payments are processed via our authorized third-party payment providers. By providing your payment information, you authorize us (or our payment processor) to charge the specified amount to your payment method. You represent that you are authorized to use the payment method you provide.
- Confirmation of Enrollment: Upon successful payment, you will receive an enrollment confirmation (e.g., email receipt) and be granted access to the Program materials and features. If your payment cannot be processed or is later reversed (e.g. chargeback), TopNam Academy LLC may revoke your access to the Program.
- No Ongoing Fees: Because this is not a subscription, you will not be charged periodically. Your one-time payment grants you access to the Program content and tools for the duration of time that TopNam Academy LLC makes available (subject to Section 15, Changes to Terms, and Section 9 on Termination for misconduct).
3. Refund Policy
TopNam Academy LLC offers refunds for the QA AutoTest Accelerator Program after purchase only if all the following conditions are met:
- Timely Request: You request the refund within ten (5) days of your enrollment (purchase date).
- Minimal Tool Usage: You have not completed 50 or more AI mock interviews using the Program’s AI Mock Interviews Coach. In other words, you have used the AI Mock Interviews Coach feature fewer than 50 times. (Once you have completed 50 AI-driven interview sessions, it indicates substantial use of the Program, and you will no longer be eligible for a refund.)
If all of the above criteria apply, you may contact us to request a refund. We reserve the right to verify your usage data (e.g., login records and AI interview count) to confirm eligibility. Approved refunds will be credited back to your original payment method within a reasonable processing time. Please note that if you have completed 50+ AI interviews, you will not be eligible for a refund, even if your request is within 5 days.
How to Request a Refund: If you believe you qualify for a refund under these conditions, please email support@autotestaccelerator.com within 5 days of enrollment. Include your name, registration email, purchase date, and a brief explanation. We will review your request and respond with a decision or instructions. Refund decisions are made at TopNam Academy’s sole discretion and are final.
4. Account Registration and Security
Enrollment in the Program will require you to create an online account on our platform:
- Account Creation: You must register for a user account with a username (or email) and password to access the Program materials and tools. You are responsible for maintaining the confidentiality of your login credentials. Do not share your username or password with anyone else.
- Responsibility for Use: You are responsible for all activities that occur under your account. If someone else uses your account (with or without your permission), you assume responsibility for their actions on the platform. TopNam Academy LLC is not liable for any loss or damage arising from unauthorized use of your credentials.
- Account Sharing Prohibited: You agree not to share or allow any other person to use your account to access the Program. Each enrollment is meant for a single user. Sharing login information or simultaneous access by multiple people through one account is a serious violation of these Terms and may result in immediate suspension or termination of your access without refund (see Section 9 on Termination).
- Account Security: You must promptly notify TopNam Academy LLC at support@autotestaccelerator.com if you suspect any unauthorized use of your account or any other breach of security. We may ask you to reset passwords or take other steps to secure your account in such cases.
- Accurate Profile: Information you provide in your account profile must be accurate. You may not impersonate someone else or use fake identities. We reserve the right to suspend accounts that contain false information or that violate these Terms.
5. Program Materials and Intellectual Property
All content provided in the QA AutoTest Accelerator Program is the property of TopNam Academy LLC or its licensors and is protected by intellectual property laws:
- Ownership of Content: All materials, content, and tools made available through the Program – including but not limited to videos, written guides, slides, illustrations, code snippets, practice questions, and the AI Mock Interview Tool interface and prompts – are owned by TopNam Academy LLC or licensed to us. These materials are our intellectual property.
- Personal License: Upon enrollment and payment, TopNam Academy LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Program content for your personal, non-commercial educational use only. This license is solely for you to learn from and practice with the Program materials. No ownership or title to the content is transferred to you.
- No Redistribution: You may not copy, reproduce, republish, upload, post, transmit, share, or distribute any portion of the Program materials to any other person or platform without prior written permission from TopNam Academy. This includes prohibiting you from sharing videos or documents with friends or colleagues, uploading our content to other websites, or posting excerpts publicly.
- Prohibited Uses of Content: You also agree not to modify, translate, reverse-engineer, decompile, disassemble, or create derivative works based on any of the Program content or tools. Any attempt to bypass technical measures protecting the content (such as download restrictions) is strictly prohibited.
- Intellectual Property Notices: You must not remove, obscure, or alter any copyright, watermark, confidentiality, or other proprietary notices on the Program materials. All TopNam Academy LLC logos, trademarks, service marks, and brand names used in the Program are our property. You are not granted any right or license to use them for any purpose outside the scope of the Program.
- User Content: If the Program allows you to submit any content (for example, posting in a future forum or submitting answers or feedback), you must ensure you have the rights to that content. By submitting any content, you grant TopNam Academy LLC a license to use it for operation of the Program. (Currently, the Program is primarily one-way content delivery and practice tools; any future user-generated content features will be governed by additional rules – see Section 8.)
Reminder: All materials are for your own personal learning. Unauthorized use or sharing of Program materials is not only a breach of these Terms but may also violate copyright law. TopNam Academy LLC reserves the right to pursue legal remedies for misuse of its intellectual property.
6. Acceptable Use and User Conduct
We expect all participants to use the Program and its tools in a lawful and respectful manner. By using the QA AutoTest Accelerator Program, you agree to the following conduct requirements:
- Lawful Purposes Only: You will use the Program only for lawful purposes. You will not use the platform or any content in violation of any applicable laws or regulations. This includes refraining from using the Program to transmit any fraudulent, defamatory, harassing, obscene, or otherwise illegal material.
- No Unauthorized Access or Interference: You must not attempt to gain unauthorized access to any portion of our website or systems, or any other user’s account. You will not interfere with or disrupt the operation of the Program platform or servers (e.g., by introducing viruses, worms, or other harmful code). Any attempt to undermine the security or functionality of the Program is prohibited.
- No Misuse of Tools: The tools provided (including the AI Mock Interview Tool) should be used only for their intended educational purpose. You agree not to use automated scripts, bots, or other methods to excessively query or load the AI tool or any part of the site in a manner that could impair performance for others. You will not attempt to extract the underlying AI model or database, nor use the tool to generate inappropriate content.
- Respect Intellectual Property: As noted in Section 5, you will not share or reproduce Program materials. Additionally, you will not upload or provide to the Program any content that infringes someone else’s intellectual property or proprietary rights.
- No Reselling or Commercial Use: You may not resell, lease, or otherwise use the Program or its content for any commercial purpose or for the benefit of any third party. For example, you cannot use our materials to teach your own course, or include our questions in a published book or website, without permission.
- No Harassment or Inappropriate Conduct: When interacting with TopNam Academy LLC staff or other Program participants (e.g., during live calls or in any future community forums), you agree to be respectful. Harassment, hate speech, abusive language, or discriminatory behavior towards others will not be tolerated.
- Follow Additional Guidelines: If we provide additional rules or guidelines for certain Program features (for example, a code of conduct for a discussion forum or rules for live Q&A sessions), you agree to follow those as well. These additional guidelines will be considered part of these Terms.
Prohibited Activities (Summary): In using the Program, do NOT: share your login or content, engage in illegal or abusive behavior, disrupt the platform, misuse the AI tool, or violate anyone’s rights. Violation of the above conduct rules may result in suspension or termination of your access to the Program (see Section 9) and potential legal action if warranted.
7. AI Mock Interview Tool – Usage and Limitations
One key feature of the QA AutoTest Accelerator Program is the AI Mock Interview Tool (the “AI Tool”), which allows you to practice interview questions with an AI-driven system. While we believe this is a valuable resource, it’s important to understand its limitations and proper use:
- Simulation Purpose: The AI Tool is intended to simulate technical interview questions and answers for practice purposes. It is not a real interviewer and its feedback or questions may not perfectly reflect a live human interview scenario. Use it as a practice aid, not as a definitive assessment of your skills.
- Accuracy and Reliability: The AI Tool uses artificial intelligence to generate questions and responses. AI technology has inherent limitations – it might occasionally produce incorrect, irrelevant, or nonsensical outputs. Do not rely on the AI Tool for absolute accuracy. TopNam Academy LLC makes no guarantee that the AI’s suggestions or evaluations are correct or sufficient. Always use your own judgment and double-check important information through other sources or mentors.
- No Sensitive Data: Do not submit any sensitive personal data or confidential information to the AI Tool. Avoid inputting details like your full name, contact information, Social Security Number, financial information, health information, or any proprietary data from your employer. While we strive to maintain a secure environment, prompts and responses in the AI Tool may be processed by third-party AI providers, and we cannot guarantee the confidentiality of any data you enter. You are solely responsible for the content you input. If you choose to share any personal anecdotes or background for context, do so cautiously and at your own risk.
- Privacy of Inputs: We may log your questions and the AI’s answers to improve the Program or provide support. However, we do not use or share your personal inputs outside of these purposes. (Please also review our Privacy Policy for how data is handled.) Again, avoid entering data that is too sensitive.
- Not Professional Advice: Responses from the AI Tool should not be considered professional career advice or guaranteed solutions. The AI may give tips on interviewing or coding, but these are automated suggestions. Always consider seeking human feedback (e.g., from mentors or peers) in addition to AI practice. TopNam Academy LLC is not liable for any decisions you make in your real job search or interviews based on AI Tool interactions.
- User Responsibility: You are responsible for using the AI Tool ethically and responsibly. Do not attempt to misuse the AI (for example, do not deliberately prompt it to generate offensive or illegal content). If you encounter any answer from the AI that seems inappropriate or harmful, please contact us so we can review it.
- Tool Availability: We strive to keep the AI Mock Interview Tool available throughout your Program access. However, due to the nature of online AI services, the tool’s availability or performance may vary (for example, if the AI service is down or under maintenance). We do not guarantee uninterrupted access to the AI Tool. Any outages or errors will be addressed as soon as possible, but they do not constitute a breach of these Terms.
By using the AI Mock Interview Tool, you acknowledge these limitations. Always practice good judgment and do not treat the AI’s outputs as infallible. The tool is there to help you practice and think through interview scenarios, but it is not a perfect predictor of actual interview experiences.
8. Live Sessions and Community Features
The Program includes interactive components, such as live coaching calls, Q&A webinars, or (in the future) community forums or chat groups. This section outlines expectations for participating in these interactive features:
- Live Sessions Conduct: If the Program offers live online sessions (e.g., Zoom calls, webinars, group coaching meetings), you are expected to behave professionally and respectfully during these sessions. This means:
- No Disruption: Do not engage in disruptive behavior that could hinder the session for instructors or other participants. Examples of disruption include talking over others, spamming the chat with off-topic messages, using profanity or slurs, or otherwise interrupting the flow of the session.
- Respect and Etiquette: Treat the instructor/host and fellow participants with courtesy. Allow everyone a chance to speak or ask questions when appropriate. Do not harass or demean others. Any form of hate speech, sexual harassment, or bullying is strictly prohibited.
- Follow Host Instructions: The session facilitator may mute participants or manage speaking order to ensure a smooth experience. Please cooperate with any instructions given (such as muting yourself when not speaking, using the “raise hand” feature to ask questions, etc.).
- No Unauthorized Recording: You are not permitted to record or screenshot live sessions without explicit permission from TopNam Academy. We may record sessions for those who cannot attend, but participants should not record on their own to respect privacy and intellectual property.
- Consequences of Misconduct in Live Sessions: TopNam Academy LLC or the session host reserves the right to remove or mute any participant who is being disruptive or violating the conduct rules. In serious cases or repeat violations, we may terminate your access to future sessions or even to the Program entirely (see Section 9 on Termination) with no refund. Maintaining a positive learning environment for all is our priority.
- Community Forums and Chat Groups: Future Feature Notice: TopNam Academy LLC may, in the future, introduce community interaction features such as discussion forums, message boards, or private chat groups for Program participants. These features, if launched, will have their own community guidelines or rules which will be provided at that time. By participating in any such community, you agree to adhere to those additional rules (which will be incorporated into these Terms). Generally, the same standards of respect, no harassment, no sharing of proprietary content, and lawful use will apply. We also reserve the right to moderate, edit, or remove user posts in any forum to ensure a safe and productive community.
- No Immediate Availability: As of the Last Updated date of these Terms, community forum features may not yet be active for this Program. This section serves to notify you that such features may be added in the future. TopNam Academy LLC will inform users when new interactive features are introduced and provide guidelines accordingly.
In summary, whether in a live call or an online forum, treat others with respect and use the platform responsibly. Engaging constructively with peers and instructors enhances the experience for everyone. If you witness someone violating these standards, you may report it to TopNam Academy LLC staff.
9. Termination of Access
TopNam Academy LLC reserves the right to suspend or terminate your access to the Program (including access to any online platform, content, or tools) under certain circumstances:
- Violation of Terms: If you violate any of these Terms of Use, including but not limited to unauthorized sharing of content (Section 5) or misconduct in sessions (Sections 6–8), we may terminate your access immediately and without prior notice. You will not be entitled to any refund if your access is terminated due to violation of these Terms.
- Misuse or Abuse: Similarly, if we detect behavior that we deem misuse of the Program (for example, attempting to hack the site, sharing login credentials, plagiarism of content, or other abuse), we may suspend or revoke your account.
- Notice of Termination: In most cases of minor issues, we will provide a warning and an opportunity to correct the behavior. However, for serious breaches or clear-cut violations, your account may be terminated immediately at our discretion. You will be notified via the email associated with your account if your access is terminated or suspended.
- Effect of Termination: Upon termination, you must cease using the Program materials and tools. We may disable your account and you will not be authorized to log in or access any content. Sections of these Terms that by their nature should survive termination (such as intellectual property rights, disclaimers, and dispute resolution) will continue to apply.
- No Certification or Credits: (As also noted in Section 12) since the Program does not confer a certificate or academic credit, termination simply ends your access; there is no credential to revoke.
- Re-enrollment: If your access is terminated for violating these Terms, TopNam Academy LLC reserves the right to refuse any future enrollment by you in this Program or any other offering we provide.
Our goal is to ensure that all participants have a safe and effective learning experience. We will exercise the right to terminate accounts judiciously and primarily in cases of significant breaches of trust or rules. If you believe your account has been terminated in error, you may contact us at support@autotestaccelerator.com to request a review.
10. Technical Requirements and Access Reliability
The QA AutoTest Accelerator Program is delivered online, so it’s important you have the appropriate technology to access the materials:
- Required Equipment: You are responsible for obtaining and maintaining the hardware, software, and internet connection necessary to access the Program. At a minimum, we recommend a modern web browser (e.g. current version of Chrome, Firefox, or Safari), a stable high-speed internet connection, and a computer or device capable of streaming video and running interactive content. Some Program features may work best on a desktop or laptop computer rather than a mobile device.
- Supported Platforms: We strive to support common operating systems and browsers. However, we do not guarantee that the Program will be compatible with every platform or device. (For example, certain interactive coding exercises might not function on a very old browser or a non-standard device.) It is your responsibility to use a compatible system. If in doubt, please refer to any technical FAQ we provide or contact support for guidance.
- User’s Responsibility: Participants are responsible for their own technical setup. This includes proper configuration of your device, software updates, enabling audio/video for live calls, etc. We strongly encourage testing your setup (especially for live call platforms like Zoom or our web classroom) ahead of time.
- No Liability for User Issues: TopNam Academy LLC is not liable for any failure or delay in performance of the Program caused by issues on your side. This means we aren’t responsible if you cannot access content or if your experience is degraded due to, for example: your internet service going down, your computer malfunctioning, firewall or network restrictions on your end, or lack of required software. These are outside of our control.
- Limited Technical Support: We will make reasonable efforts to assist with technical difficulties you encounter (you can reach out to our support email for help). We may provide guidance or troubleshooting steps. However, we do not guarantee that we can solve all individual technical problems, especially those that stem from your hardware, software environment, or internet provider.
- Service Availability: We aim to keep the Program content accessible at all times (24/7 access to the online materials), aside from brief maintenance windows. However, occasional downtime may occur due to maintenance, updates, or unexpected outages. We will attempt to schedule maintenance during low-usage hours and give advance notice if possible. Any such downtime will be minimised, but please understand it may occur.
- No Continuous Guarantee: We do not warrant that the Program website or platform will be uninterrupted or error-free. There may be times when certain features (like the AI Tool or video streaming) become temporarily unavailable. We will work to restore service as quickly as possible, but TopNam Academy LLC shall not be held responsible for minor delays or interruptions in service.
- Browser/Software Updates: It is your responsibility to keep your browser and any required software up to date. Using outdated software can cause compatibility issues for which we are not responsible.
- Internet Charges: You are responsible for any data or internet charges incurred while accessing the Program. (For instance, if you use a mobile data plan to watch videos, any charges from your ISP or carrier are your responsibility.)
In summary, ensure you meet the technical requirements to use the Program effectively. TopNam Academy LLC disclaims liability for access issues that arise from your equipment or internet connectivity. We will, however, do our best to provide a stable platform and assist with issues within our control.
If you have any questions about whether your setup is sufficient, please contact us or refer to our technical guidelines prior to purchase.
11. Disclaimer of Warranties
The QA AutoTest Accelerator Program and all its content and features are provided on an “as is” and “as available” basis. TopNam Academy LLC makes no warranties or guarantees of any kind, either express or implied, about the Program. This includes, but is not limited to:
- Content Accuracy and Quality: We strive to provide high-quality, up-to-date training content. However, we do not warrant that the content is complete, error-free, or tailored to your specific needs. The field of software testing and automation evolves quickly, and while we update materials periodically, we cannot guarantee that every piece of information is current or applicable to your situation. Any reliance you place on the training materials is at your own risk.
- Fitness for Purpose: We do not guarantee that the Program will meet your expectations or specific goals. No implied warranties of merchantability, fitness for a particular purpose, or non-infringement apply to the Program. For example, we can’t promise that by completing the Program you will pass a certain exam or achieve a certain skill level – that is up to your own efforts and external factors.
- Platform Availability: While we aim for high availability (see Section 10), we make no warranty that access to the Program will be uninterrupted, timely, secure, or error-free at all times. Occasional technical issues may occur, and we provide the Program subject to these possibilities.
- Third-Party Services: Certain components of the Program might rely on third-party services (for example, the AI Mock Interview Tool might use third-party AI providers, or videos might be hosted on a third-party platform). We do not control these services and thus cannot warrant their performance or reliability. Any third-party content or services are provided “as is,” and your use of them may be subject to additional terms from those third parties.
- No Professional Advice: The information and guidance provided in the Program (whether through written materials, AI tool outputs, or live coaching) are for educational purposes. They do not constitute professional advice (legal, career, or otherwise) specific to your personal situation. You should consult professionals or do additional research if you need personalized advice.
- User Results May Vary: We expressly disclaim any warranty or guarantee that you will obtain any specific outcome from using the Program. (See Section 12 for more on career and certification disclaimers.)
In summary: You use the Program at your own discretion and risk. TopNam Academy LLC does not make any promise that the Program will be flawless or that it will definitely benefit you in any guaranteed way. We provide an educational resource, but the results you get depend on factors beyond our control, including your own effort.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, any implied warranties are limited to the minimum duration allowed by law.
12. No Guarantee of Results or Employment
Important Career Disclaimer: While the QA AutoTest Accelerator Program is designed to improve your skills in test automation,QA and help with the job search, TopNam Academy LLC does not guarantee any job placement, promotion, career advancement, or specific results from your participation in the Program.
- No Employment Guarantee: Participation in this Program does not guarantee you will get a job or a job interview in the software testing field. We provide education and resources to enhance your knowledge and interview skills, but getting hired depends on many factors outside our control – including your overall experience, how you apply the skills, the effort you put into job searching, market conditions, and employers’ hiring criteria​. You should continue to actively pursue job opportunities and not rely solely on this Program for obtaining employment.
- Individual Results Vary: Each user’s outcome will differ. Some participants might land a job shortly after completing the Program; others may not. TopNam Academy LLC makes no promise that completing the Program will lead to any particular outcome for you. Any success stories or testimonials are individual experiences and not a guarantee that you will have the same experience.
- No Academic Credit or Certification: This Program is for personal and professional development. It does not award any academic degree, continuing education credit, or professional certification upon completion. You will not receive a diploma, certificate, title, or credential from TopNam Academy LLC or any academic institution. The value of the Program lies in the skills and knowledge you gain, not in any formal qualification (since none is granted). You may receive a confirmation of completion or similar acknowledgment, but this is not an officially accredited certification.
- Career Guidance: Any career tips or job search advice provided (for example, resume tips or interview strategies) are general suggestions. They are not tailored guarantees for your situation. Always consider your own circumstances or seek one-on-one career coaching for personalized guidance. TopNam Academy LLC is not a recruitment agency or career placement service; we do not provide job placement as part of this Program.
- Your Responsibility: Ultimately, it is your responsibility to leverage what you learn. Simply purchasing or completing the Program is not enough to secure a job. We encourage you to practice thoroughly, build your resume/portfolio, network in the industry, and apply to suitable job openings. The Program can be one tool in your preparation, but it alone is not a promise of success​.
No Other Guarantees: Aside from employment, we also do not guarantee other specific outcomes such as passing a certification exam or achieving a particular performance metric at your job. The Program is an aid, not a sure path to any required result.
By agreeing to these Terms, you acknowledge that TopNam Academy LLC has not made any claims of guaranteed outcomes or job offers as a result of your enrollment. You accept that your career progression is your own responsibility and that this Program is one of many resources you might use to improve your chances.
13. Limitation of Liability
To the maximum extent permitted by law, TopNam Academy LLC’s liability to you is limited. In no event will TopNam Academy LLC or its directors, officers, employees, affiliates, agents, or partners be liable for:
- Types of Damages Excluded: Any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of (or inability to use) the Program and its content. This includes, without limitation, damages for lost profits, lost opportunities, loss of data, personal injury, or property damage that may result from using our Program, even if we have been advised of the possibility of such damages. For example, we are not liable if your use of our training content somehow causes you to lose data on your computer or if you miss out on a job opportunity.
. - Cap on Liability: TopNam Academy LLC total cumulative liability for any claims, losses, or damages arising from or related to the Program or these Terms is capped at fifty U.S. dollars (US $50). This cap applies no matter the basis of the claim – whether in contract, tort (negligence included), strict liability, or any other legal theory. If you have paid a Program fee, this cap on liability will apply even if the fee exceeds $50 (so, effectively, the most you could recover from us is $50). If you have not paid any fee, the $50 cap still applies as the maximum aggregate liability.
- Program Cost vs. Liability: By enrolling, you understand that this liability cap is a fundamental part of the bargain – the Program’s pricing takes into account this limitation of liability. If you do not agree to limit our liability to $50, you should not enroll in the Program.
- Applicability: Some jurisdictions do not allow the exclusion or limitation of certain damages. If the laws applicable to you do not allow the limitation of liability as written above, then our liability will be limited to the fullest extent permitted by law. Even if a particular type of claim or damage is found to be not excludable, the $50 cap may still apply in jurisdictions that permit a monetary limit.
- Release: To the extent permitted by law, you release TopNam Academy LLC and related parties from any and all claims or liability arising from the Program or these Terms except for the small portion (up to $50) that cannot be disclaimed. This release covers, for example, any claim that the Program didn’t meet your expectations or that you suffered some loss by relying on our content.
- No Liability for Third Parties: TopNam Academy LLC is not responsible for actions or omissions of third parties that may affect your use of the Program. This includes payment processors, internet service providers, platform hosts, or other users. For instance, if a third-party payment system is breached and your data is compromised, we will assist as appropriate, but we are not the party liable for that breach.
In summary: By agreeing to these Terms, you agree that TopNam Academy LLC maximum liability to you is $50, and we are not responsible for various categories of damages or losses as described above. This section survives termination or expiration of your enrollment.
14. Dispute Resolution and Arbitration Agreement
Please read this section carefully, as it requires you to arbitrate disputes with TopNam Academy LLC and limits the manner in which you can seek relief. This means you are waiving your right to a trial in court and to participate in a class action for most disputes.
- Good Faith Resolution: We at TopNam Academy LLC value our relationship with you. If you have any dispute, claim, or concern arising out of your enrollment or use of the Program or these Terms, we encourage you to first contact us informally at support@autotestaccelerator.com. We will attempt to resolve the issue in good faith through dialogue. Often, issues can be fixed quickly through communication. If we cannot resolve the issue informally within 30 days, then the provisions below will apply.
- Agreement to Arbitrate: You and TopNam Academy LLC agree that all disputes and claims between us (whether based on contract, statute, tort, misrepresentation, or any other legal theory) arising out of or relating to these Terms or the Program shall be resolved exclusively through final and binding arbitration, not in court (with the limited exceptions noted below under “Exceptions”). This includes any claims against our employees, agents, affiliates, or contractors arising from the Program or these Terms. By agreeing to arbitration, both parties understand and agree that they are waiving the right to sue or go to court to assert or defend their rights (except for matters that can be taken to small claims court as described below).
- Arbitration Procedure: The arbitration will be administered by the American Arbitration Association (AAA) (or a similar reputable arbitration body if AAA is unavailable) under its Consumer Arbitration Rules. If you wish to initiate an arbitration, you must submit a request to the AAA and send a written notice to us at our contact address (see Section 16). The arbitration may take place in Clark County, Nevada (where TopNam Academy LLC is based), or in the U.S. county where you reside, or another mutually agreed location. We agree to conduct the arbitration by telephone or video conference if in-person arbitration would be a burden to you, to the extent the arbitrator permits. The arbitrator will be a neutral, independent arbitrator selected according to AAA rules. The arbitrator shall apply Nevada state law and applicable federal law (including the Federal Arbitration Act) consistent with these Terms and honor claims of privilege recognized by law.
- Arbitration Fees and Costs: Each party will be responsible for their own attorneys’ fees and costs in arbitration, but if you cannot afford the arbitration filing fee, TopNam Academy LLC will NOT reimburse it.Â
- Authority of Arbitrator: The arbitrator has the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitrator can grant any relief that a court could, except as limited by these Terms (for example, the damages cap in Section 13). The arbitrator will provide a written decision explaining the outcome and any award, which will be binding and final, subject only to very limited court review under the Federal Arbitration Act.
- Class Action Waiver: You and TopNam Academy LLC agree that all disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action. This means:
- No Class Arbitrations or Actions: The arbitration can only decide your or our individual claims; the arbitrator cannot consolidate or join the claims of other persons or parties who may be similarly situated. You cannot bring a claim as a plaintiff or class member in a class, consolidated, or representative action in arbitration, court, or any other forum​.
- No Representative Private Attorney General: Likewise, you and we agree not to bring claims where one party attempts to act in a private attorney general capacity or any other representative capacity on behalf of others.
- Existing Class Action Waivers: If for any reason a claim proceeds in court rather than arbitration, you and TopNam Academy LLC waive any right to a jury trial and agree that the claim will proceed only on an individual, non-class basis.
- Exceptions to Arbitration: Despite the broad scope of this arbitration agreement, there are a few exceptions where you or TopNam Academy LLC may choose to go to court:
- Small Claims: You or TopNam Academy LLC may bring an individual action in small claims court for disputes or claims within that court’s jurisdiction, as long as the matter remains in small claims and is not removed or appealed to a higher court.
- Intellectual Property Enforcement: If your actions violate our intellectual property rights or these Terms in a way that causes us harm for which injunctive relief is a suitable remedy (e.g., unauthorized distribution of our content), we may seek injunctive relief in a court of competent jurisdiction. This is to protect intellectual property and proprietary rights.
- Opt-out Right: New customers only – If you do not wish to agree to this arbitration provision, you must notify us in writing within 5 days of first accepting these Terms (which usually means within 5 days of your purchase). Send an opt-out email to support@autotestaccelerator.com with the subject “Arbitration Opt-Out” and include your name and account email, stating that you decline arbitration. Opting out of arbitration does not terminate any other parts of these Terms, including the class action waiver (you would litigate individually in that case).
- Governing Law: These Terms and any dispute arising between you and TopNam Academy LLC (whether in arbitration or court, to the extent a court is allowed) are governed by the Laws of the State of Nevada, USA, without regard to its conflict of laws principles. The Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of the arbitration agreement. If a dispute proceeds in court (for example, if the arbitration agreement is found unenforceable or an exception applies), such dispute shall be subject to the jurisdiction of the state or federal courts located in Nevada, and both you and TopNam Academy LLC consent to the personal jurisdiction of those courts.
- Limitation on Time to Bring Claim: To the extent permitted by law, any claim or cause of action you have arising out of the Program or these Terms must be filed within one (1) year after such claim arose; if it is not filed within that time, it is permanently barred. (For example, if you had a dispute on January 1, 2025, you must initiate arbitration or small claim by January 1, 2026.)
By agreeing to these Terms, you explicitly acknowledge that you have read and understand this arbitration agreement and class action waiver, and that you consent to binding arbitration and the waiver of class actions. This section shall survive any termination of the Terms or your participation in the Program.
15. Changes to the Program or Terms
- Changes to Program: TopNam Academy LLC is continuously improving the QA AutoTest Accelerator. We reserve the right to modify, update, or discontinue any part of the Program or its content at any time. For example, we may add new modules, remove or replace outdated content, change the software platform, or adjust features (such as replacing or upgrading the AI tool)​ . We will try to minimize disruptions and, if possible, inform you of significant changes (especially if a feature you are actively using is changed). However, any such modifications are at our discretion. If we ever discontinue the Program entirely or significantly before a promised access period, we will provide appropriate remedies (such as access to a similar program or a partial refund), but minor changes or improvements will not warrant any refund.
- Changes to Terms: We may also update or revise these Terms of Use from time to time. If we make a material change, we will notify active participants via the email on record or by posting a prominent notice in the Program’s online platform. Minor updates (such as clarifications or grammatical fixes) may be simply posted with a new effective date. The “Last Updated” date at the top will always indicate when the latest changes were made.
- Acceptance of Changes: Continued use of the Program after an update to these Terms becomes effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you should stop using the Program and may contact us regarding any concerns. In the unlikely event we update the Terms and you find the changes unacceptable, you may be entitled to discontinue your participation (though since this is a one-time purchase, typically your option would be to cease use; refunds for dissatisfaction with updated terms are not provided except as required by law).
- Future Features: As noted (see Section 8 regarding community features), new features or services in the Program may come with additional terms or guidelines. We will provide those to you at the time such features are rolled out. Those additional terms, once accepted by you or once you start using the feature, become part of the overall Terms governing the Program. If there is a direct conflict between these base Terms of Use and any feature-specific terms, the feature-specific terms will govern for that feature to the extent of the conflict.
- Booking / Scheduling Changes: (If applicable) If the Program includes scheduled live components (like weekly calls), we reserve the right to adjust the schedule, reschedule or replace instructors, etc., with notice. These operational changes do not alter the Terms but are part of Program delivery.
- Access Duration: We currently plan to provide access to the Program content for a substantial period (e.g., lifetime access or a term specified at purchase). However, if industry changes or technological shifts render the Program obsolete, we reserve the right to retire the program content at our discretion. We will inform you of any plans to terminate access with reasonable advance notice (at least 3 months, if feasible).
In summary, TopNam Academy LLC can make changes to the Program and these Terms, but we will do so transparently. It’s a good idea to review the Terms periodically. If you have questions about any change, contact us for clarification.
16. Contact Information
If you have any questions, concerns, or feedback about these Terms or the QA AutoTest Accelerator Program, please reach out to us. We’re here to help and address any issues you might have.
TopNam Academy LLC – Contact Details: support@autotestaccelerator.com
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