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