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  1. Introduction
  2. Terms of Use
  3. Privacy Policy
  4. Data Processing Addendum (DPA)
  5. Miscellaneous
  6. Contact Information

Asserta Terms of Use, Privacy Policy, and Data Processing Addendum

Last Updated: October 30, 2024

1. Introduction

Welcome to Asserta! This document outlines the Terms of Use, Privacy Policy, and Data Processing Addendum for the Apola DBA "Asserta.ai" or "Asserta" plugin for Visual Studio Code and JetBrains. The Asserta plugin is designed to automatically generate unit tests for functions selected by the user in their IDE. All operations are performed locally on your device, and we do not collect your code for training or any other purposes.

By using the Asserta plugin, you agree to these terms.

2. Terms of Use

2.1 License to Use

Asserta grants you a limited, non-transferable, non-exclusive license to use the plugin solely for personal or professional development purposes. You may not use the plugin for illegal purposes or in a way that infringes on the intellectual property rights of Asserta or third parties.

2.2 Paid Services

Asserta is a paid product. Subscription payments are required for continued access to the plugin. You are responsible for providing accurate payment information, and Asserta reserves the right to modify pricing and payment terms with prior notice to users.

2.3 Privacy and User Data

Asserta does not collect or store the code you work on, nor do we use it to train our models. All operations occur locally on your device. The only data we may collect includes:

  • Contact information (e.g., email) for payment or newsletter subscription purposes.

  • Subscription data (e.g., subscription type, duration).

2.4 Limitation of Liability

Asserta is not liable for any damages resulting from the use of the plugin or other Asserta services, including but not limited to data loss, errors in code, or damages arising from incorrect test generation.

2.5 Changes to Terms

Asserta reserves the right to modify these Terms of Use at any time. Notification of such changes will be provided through the plugin interface or by email.

3. Privacy Policy

3.1 Data Collection

Asserta does not collect or store the code you work on, nor do we use it to train our models. The only data we may collect includes:

  • Contact information (e.g., email) for payment or newsletter subscription purposes.

  • Subscription data (e.g., subscription type, duration).

  • Automatically Collected Data: We may automatically collect certain information about your device and usage, including your IP address, browser type, and operating system.

3.2 Data Usage

We use collected data solely for the purpose of providing services:

  • Processing payments.

  • Ensuring access to services such as subscriptions or updates.

  • Customer support and service.

3.3 Data Sharing

Asserta does not share or sell your data to third parties, except when necessary for payment processing or legal obligations. Specific scenarios under which data might be shared include:

  • Compliance with legal obligations.

  • Payment processing.

3.4 Data Storage

All collected data is securely stored and processed in accordance with data protection regulations.

3.5 User Rights

You have the right to:

  • Access your personal data.

  • Rectify or erase your personal data.

  • Restrict the processing of your personal data.

  • Withdraw consent for data processing at any time.

3.6 Security Measures

Asserta is committed to implementing appropriate technical and organizational measures to protect data from loss, unauthorized access, or alterations.

3.7 Cookies and Tracking Technologies

We may use cookies and similar tracking technologies to collect and store information about your interactions with our plugin, including your browser type and settings, pages visited, and time spent on the plugin. You can control cookie preferences through your browser settings.

3.8 Changes to the Privacy Policy

We reserve the right to modify this Privacy Policy with notice to users through the plugin interface or by email.

3.9 Policy Regarding Children

Asserta does not knowingly collect personal information from children under the age of 13. If you are a parent or guardian and believe that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we will take steps to remove that information from our servers.

3.10 Summary of User Rights

In accordance with applicable laws, users have certain rights regarding their personal information, including:

  • The right to request access to their personal data.

  • The right to request correction or deletion of their personal data.

  • The right to restrict the processing of their personal data.

  • The right to withdraw consent for data processing at any time.

4. Data Processing Addendum (DPA)

4.1 Definitions

  • Data Controller: The user of the Asserta plugin who decides how and for what purposes their personal data will be processed.

  • Data Processor: Asserta, which processes data on behalf of the Data Controller solely for the purpose of providing services.

4.2 Data Processing

Asserta agrees to:

  • Process personal data only under the instruction of the Data Controller and solely for the purpose of providing services.

  • Ensure the confidentiality of the data and protect it from unauthorized access.

  • Not share data with third parties unless instructed by the Data Controller or required by law.

4.3 Data Security

Asserta is committed to implementing appropriate technical and organizational measures to protect data from loss, unauthorized access, or alterations.

4.4 Data Transfers

Asserta may transfer personal data only within the EU or to countries that provide an adequate level of data protection in accordance with GDPR requirements.

4.5 Breach Notification

Asserta will notify the Data Controller within 72 hours of becoming aware of any data breach affecting personal data.

5. Miscellaneous

5.1 Governing Law

These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and Asserta submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Florida for the resolution of any lawsuit or court proceeding permitted under these Terms.

5.2 Dispute Resolution

Any disputes arising in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. If you do not wish to resolve disputes by binding arbitration, you may opt out of the arbitration provisions within 30 days by notifying Asserta at [[email protected]].

5.3 Changes to the Terms

We may revise these Terms from time to time. If we make significant changes, we will notify you by providing a notice through the plugin or by sending you an email. Your continued use of the plugin after any changes constitutes acceptance of the new Terms.

6. Contact Information

If you have any questions about these Terms of Use, Privacy Policy, or Data Processing Addendum, please contact us at [email protected].