Legal
Terms of Service
Last updated: September 10, 2024
Agreement
This Terms of Service agreement (“Agreement”) is between QLFR AI AB (org no 559389-2978) (“Qualifier.ai”) and the Customer. You become a “Customer” by clicking acceptance, executing a referencing document, or using the Services.
The Site connects Customers with Prospects for information exchange, including automated email introductions.
- Prospect: A real person’s profile with identity and contact details.
- Information: Prospect’s identity or contact information.
- Introduce: Automated email from Customer to Prospect via the Service.
Services
Availability
The Service is provided “as is” and “as available.”
Support Services
Email support is available with reasonable efforts to respond within one business day. Qualifier.ai may access your account to deliver support.
Changes to Services
Qualifier.ai continuously modifies and improves the Service. New features may have additional terms communicated via email. Functionality may be altered or removed without notice.
Suspension of Service
Qualifier.ai may limit or suspend Service at its discretion (e.g., maintenance). Reasonable advance notice will be provided when practicable, except during security emergencies. Qualifier.ai uses commercially reasonable efforts to minimize suspension scope and duration.
Third Party Services
If you use third-party services with the Service, Qualifier.ai is not responsible for their acts or use of your information. Contact third parties for issues.
Customer Obligations
Valid Contact Information
Customers must provide legal full name, valid email, and requested information. You are responsible for keeping information current.
Human Customer
Accounts registered by bots or automated methods are prohibited. Qualifier.ai determines abuse or excessive usage and attempts email warning before suspension.
Illegal Activity
You are responsible for ensuring the Service is not used for illegal or abusive purposes.
Account Security
You are responsible for password confidentiality and preventing unauthorized use. You, not Qualifier.ai, are responsible for account activity (except Qualifier.ai’s authorized actions). Notify Qualifier.ai promptly of unauthorized access or security breaches.
Privacy
You consent to transfer, processing, and storage of Customer Information per the Privacy Policy. Qualifier.ai uses Nylas email API to send emails and track replies. When connecting, you authorize access to inbox, sent folder, and calendar. Qualifier.ai’s use of Google Account information adheres to the Google API Services User Data Policy, including limited Use requirements.
Exploit
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any Service portion without express written permission.
Payment and Billing
Customer Information
Provide accurate and current customer and billing information.
Billing
By subscribing, you authorize Qualifier.ai to charge your submitted credit card or bill via other payment methods for Service fees, renewals, and extra services.
Subscription Terms
Payment is due in advance for each billing cycle on the Effective Date. Renewal fees follow the same schedule. Payment via credit card or wire transfer (checks not accepted). Fees are non-refundable.
Billing Cycle
The Service is subscription-based with advance payment for each cycle.
Renewal
Your account auto-renews for twelve (12) months until you cancel.
Extra Service Fees
You are responsible for all charges, including applicable taxes and extra fees.
Price Changes
Qualifier.ai may change fees, effective only at the end of your current billing cycle. Reasonable prior written notice allows cancellation before changes take effect.
Cancellation and Termination
Cancellation
Termination requires notice at least 30 days before the agreement period ends. Send cancellation notices to [email protected].
Termination
Qualifier.ai may terminate immediately upon Agreement breach (including late payments) without liability. Surviving provisions include ownership, warranty disclaimers, indemnity, and liability limitations.
Changes to Terms of Service
Qualifier.ai may modify the Terms of Service at its sole discretion. Important changes are announced on your account or via written notice to your contact information. Continued Service use after changes constitutes acceptance.
Use of Customer’s Name and Company Name
Qualifier.ai reserves the right to use your name and/or company name as a reference for marketing and promotional purposes on qualifier.ai and other customer communications. Email [email protected] to decline this right.
Intellectual Property
Qualifier.ai respects intellectual property rights and responds to infringement notices by removing infringing material or disabling links. Repeated infringement may result in service access termination.
This Agreement does not transfer Qualifier.ai or third-party intellectual property to you. All rights, title, and interest remain with Qualifier.ai. Qualifier.ai trademarks and logos are protected. Your Service use grants no right to reproduce or use any trademarks.
Contracting Entity
QLFR AI AB (org no 559389-2978), a Swedish company at Vasagatan 16, 111 20, Stockholm, Sweden, provides the Service.
Assignment
You cannot delegate, subcontract, transfer, or assign this Agreement or rights/obligations without prior written Qualifier.ai consent.
Other
Entire Agreement
This Agreement (including incorporated documents), Sales Documents, and any sales quotes constitute the entire agreement, superseding prior agreements. Purchase order terms do not apply and are void.
Precedence
Sales Documents prevail over this Agreement; this Agreement prevails over unapproved additional terms.
Force Majeure
Neither party is liable for inadequate performance caused by conditions beyond reasonable control (natural disasters, war, terrorism, riots, governmental action, internet disturbances).
Independent Contractors
The relationship is between independent contractors, not partners, employees, or agents.
Disclaimer
The Service is provided “as is.” Qualifier.ai and its suppliers disclaim all warranties, express or implied, including merchantability and fitness for particular purposes. No warranty of error-free or continuous/uninterrupted access exists. You use the Service at your own discretion and risk.
Warranties
Both parties warrant full power and authority to enter this Agreement. Qualifier.ai warrants Services do not infringe third-party rights and comply with applicable laws, including data/privacy laws. You warrant Service use complies with the Privacy Policy, this Agreement, and applicable laws.
Embargoes
You warrant you are not barred by applicable laws from receiving the Service. It may not be used in embargoed countries. You ensure: no violation of export restrictions/embargoes by the United States; no access provided to persons on the Commerce Department’s Denied Persons/Entity List or Treasury Department’s Specially Designated Nationals list.
Limitation of Liability
Liability
Qualifier.ai is not liable for direct, indirect, incidental, special, consequential, or exemplary damages, including lost profits, goodwill, use, data, or intangible losses (even if advised of possibility), from Service use/inability to use, substitute goods/services costs, unauthorized access/alteration, third-party conduct, or other Service matters.
Responsibility of Decisions
Decisions based on Service data are your sole responsibility. Qualifier.ai is not liable for such decisions.
Damage and Losses
Qualifier.ai’s total liability for all damages, losses, and causes of action does not exceed amounts paid by you for Service use in the 12 months preceding the loss event.
Indemnification
You indemnify and hold harmless Qualifier.ai, its contractors, licensors, and their respective directors, officers, employees, and agents from claims and expenses (including reasonable attorneys’ fees) arising from your Service use and access related to your transmitted data/content, including Agreement violations.
Qualifier.ai indemnifies, defends, and holds your company, officers, directors, consultants, employees, successors, and assigns harmless from claims and liabilities (including reasonable attorneys’ fees) from: (i) Qualifier.ai’s violation of third-party rights, including privacy or intellectual property; and (ii) Qualifier.ai’s violation of applicable laws, rules, or regulations.
Dispute
This contract is governed by Swedish substantive law where QLFR AI AB is domiciled. Any dispute is finally settled per JAMS Comprehensive Arbitration Rules by three arbitrators. Arbitration occurs in Sweden in Swedish; decisions are enforceable in any court. The prevailing party receives costs and attorneys’ fees. Invalid provisions are construed to reflect original intent; remaining portions stay fully effective.
Qualifier.ai may enforce intellectual property infringement and fee non-payment in courts of any jurisdiction where infringement occurs or the Customer is incorporated.
Contact
For questions, contact [email protected] or mail:
QLFR AI AB
Vasagatan 16
111 20 Stockholm, Sweden
Phone: +46 8-414 002 41