These Terms govern your use of MartialQA. They should be read alongside our Privacy Policy and Data Processing Addendum, which forms part of these Terms wherever we process personal information on your behalf.
Last updated: August 2026
These Terms of Service ("Terms") govern access to and use of MartialQA's quality-assurance and coaching platform (the "Service"). By creating a MartialQA account, clicking to accept these Terms, or using the Service after accepting them, you agree to these Terms on behalf of yourself or the organisation you represent (the "Customer"). If you do not agree to these Terms, do not use the Service.
The Service is provided by Limuda Solutions (Registration No. 2024/433111/07), trading as MartialQA ("MartialQA", "we", "us", "our"), of The Colosseum, Foyer 3, 1st Floor, Century Way, Century City, Cape Town, 7441, South Africa.
MartialQA is a quality-assurance and coaching platform. It ingests customer conversations (calls, chats, emails and related content, "Customer Content"), transcribes and scores them for correctness against the Customer's own rubric and knowledge base, and surfaces coaching and reporting to the Customer's managers and quality team.
AI-generated scores and coaching outputs are decision-support: they are intended to assist quality-assurance processes and may require human review. How we use AI, and the limits we place on it, are described on our Responsible AI page, which is incorporated into these Terms by reference.
MartialQA may enter into a negotiated master services agreement, order form, security addendum, or other written agreement with a Customer (an "Enterprise Agreement"). Where an Enterprise Agreement is in place, the following order of precedence applies to the extent of any conflict:
Where no Enterprise Agreement exists, these Terms, together with the Data Processing Addendum, govern the Customer's use of the Service.
To use the Service, the Customer must register for an account and provide accurate, current information. The Customer is responsible for maintaining the confidentiality of login credentials and for all activity under its account, and must promptly notify us of any unauthorised access or use.
The Customer instructs MartialQA to process Customer Content as necessary to provide the Service and in accordance with the Data Processing Addendum. The Customer represents that it has the rights, authority, notices and lawful grounds necessary to provide Customer Content to MartialQA for processing, including in respect of any of its own customers, end users, employees or agents whose information may be contained in that content.
The Customer is responsible for:
The Customer grants MartialQA the limited rights necessary to host, copy, transmit and process Customer Content solely to provide, secure, support and maintain the Service in accordance with these Terms and the Data Processing Addendum. MartialQA claims no other rights in Customer Content, and does not use Customer Content to train general-purpose machine-learning models.
The Service uses artificial intelligence, including third-party AI models, to transcribe, score and analyse Customer Content. AI-generated scores, analysis and coaching outputs are intended to assist quality-assurance processes and may require human review; MartialQA does not warrant that AI output is error-free, and the Customer remains responsible for how it uses that output.
MartialQA does not use Customer Content to train general-purpose machine-learning models. The providers used to deliver AI features are disclosed, and may change from time to time, on our Subprocessors page. Further detail on how AI is governed is set out on our Responsible AI page.
Our Data Processing Addendum forms part of these Terms and applies automatically wherever MartialQA processes personal information on behalf of the Customer. A countersigned copy is available on request; a signature is not required for the Data Processing Addendum to apply.
"Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential given its nature, including Customer Content, business and technical information, and the terms of any Enterprise Agreement.
Each party will use the other's Confidential Information only to perform its obligations or exercise its rights under these Terms, will protect it with at least the same degree of care it uses for its own confidential information of similar importance (and no less than reasonable care), and will disclose it only to personnel and authorised service providers who need to know it and are bound by confidentiality obligations at least as protective as these Terms.
Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to the receiving party without an obligation of confidentiality, is independently developed without use of the disclosing party's Confidential Information, or is rightfully received from a third party without restriction. A party may disclose Confidential Information where required by law, giving the other party reasonable notice where lawfully permitted.
These confidentiality obligations survive termination of these Terms.
Fees for the Service are set out on our pricing page or in an applicable Order Form. Self-service subscriptions are billed on a recurring basis, and payments are processed by our third-party payment provider, Paystack; card and payment details are provided directly to Paystack, and MartialQA does not store complete payment-card details.
Fees are exclusive of applicable taxes, which the Customer is responsible for unless we are required by law to collect them. If a payment fails, we may suspend access to the Service until payment is received.
The Customer may change its plan or cancel a self-service subscription at any time through the Service. Cancellation takes effect at the end of the current billing period, and fees already paid are non-refundable except where required by law or expressly stated otherwise.
We may change our fees on reasonable notice, effective from the Customer's next billing cycle or renewal.
MartialQA and its licensors retain all right, title and interest in and to the Service, including the underlying software, models, rubric and scoring methodology, and all improvements, other than Customer Content. Subject to these Terms, MartialQA grants the Customer a limited, non-exclusive, non-transferable licence to access and use the Service during the term for its internal business purposes.
These Terms apply from the date the Customer first accepts them and continue until the Customer's subscription ends or these Terms are terminated. Either party may terminate for the other's uncured material breach on 30 days' written notice, or immediately if the other party becomes insolvent.
MartialQA may suspend access to the Service where reasonably necessary to prevent harm to the Service, other customers, or third parties, or where fees are overdue, and will where practicable give notice.
On termination, the Customer's access ends, and Customer Content is handled as described in our Data Processing Addendum and Security page.
MartialQA will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, the Service is provided "as is", and MartialQA disclaims all other warranties, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law. AI-generated output may be incorrect, as described on our Responsible AI page, and the Customer is responsible for how it uses that output.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, arising out of or related to these Terms, even if advised of the possibility of such damages.
Each party's total aggregate liability arising out of or related to these Terms will not exceed the fees paid or payable by the Customer to MartialQA in the 12 months preceding the event giving rise to the claim, except for liability arising from a party's breach of the confidentiality obligations in these Terms, a party's gross negligence or wilful misconduct, or either party's indemnification obligations, which is not limited by this section. Nothing in these Terms limits liability that cannot be limited under applicable law.
The Customer will indemnify and hold MartialQA harmless from third-party claims arising from the Customer's Customer Content, its breach of section 7 (Your responsibilities), or its unlawful use of the Service.
MartialQA will indemnify and hold the Customer harmless from third-party claims that the Service, as provided by MartialQA and used in accordance with these Terms, infringes that third party's intellectual property rights, except to the extent the claim arises from Customer Content, the Customer's modification of the Service, or use of the Service in combination with materials not provided by MartialQA.
These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-laws principles.
Any dispute arising out of or relating to these Terms that the parties cannot resolve informally within 30 days will be referred to and finally resolved by arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) under its rules, seated in Cape Town, South Africa, conducted in English, before a single arbitrator.
Nothing in this section prevents either party from seeking urgent interim relief from a court of competent jurisdiction in South Africa.
Notices. Notices under these Terms must be given in writing to the addresses in section 20 or, for the Customer, to the contact details on its account.
Assignment. Neither party may assign these Terms without the other's consent, except that MartialQA may assign these Terms in connection with a merger, acquisition or sale of substantially all of its assets.
Force majeure. Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control.
Changes to these Terms. We may update these Terms from time to time. Material changes will be notified to the Customer, and continued use of the Service after the effective date constitutes acceptance.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
Entire agreement. These Terms, together with the Data Processing Addendum and any applicable Order Form or Enterprise Agreement, constitute the entire agreement between the parties regarding the Service, and supersede all prior agreements on that subject.
Questions about these Terms can be sent to info@martialqa.co.za.