Terms of Use

1. Acceptance of terms

This User Agreement ("Agreement") governs the use of the QAAIFY platform ("Service") provided by QAAIFY [PLACEHOLDER: full legal name, legal form, jurisdiction and registration number] ("Provider", "we"). By registering an account or using the Service, the organization ("Client", "you") confirms that it has read, understood, and agrees to this Agreement. If you enter into this Agreement on behalf of a company, you confirm that you have the authority to bind that company to the terms of this Agreement.

If you do not agree to these terms, do not register for or use the Service.

If you enter into this Agreement as a representative, agent, or employee of the Client, you personally represent and warrant to us that you have all necessary authority to represent the Client and bind it to the terms of this Agreement.

2. Definitions

• "Service" — the QAAIFY SaaS platform, including all its features (AI evaluation of conversations, coaching, calibration, knowledge base, analytics, reports, and related tools).
• "Client" — a legal entity or sole proprietor that has registered an organization account in the Service.
• "User" — an individual to whom the Client has granted access to the Service (team lead, senior team lead, agent via the self-service portal).
• "Client Content" — all data that the Client or a connected helpdesk transmits to the Service: conversation content, call transcripts, user data, scoring rubric settings, etc.
• "Connected Helpdesk" — the Client's external support system (Zendesk, Freshdesk, Intercom, Salesforce Service Cloud), which the Client independently connects to the Service using its own API credentials.

3. Description of the Service

QAAIFY is a SaaS platform for automated AI evaluation of support conversations, coaching, team calibration, a knowledge base with content-based search (RAG), and related analytics. The Service connects to the Client's existing helpdesk using API credentials provided by the Client itself, and does not require migrating the Client's data to another platform.

We may add, change, or discontinue individual features of the Service over time; material changes that reduce the functionality of a paid plan will be communicated in advance.

4. Registration and account

• The Client must provide accurate and up-to-date information during registration and keep it current.
• The Client is responsible for the confidentiality of its sign-in credentials (passwords, SSO settings, API keys) and for all actions taken under its account.
• The Client must promptly notify us of any suspected unauthorized use of its account.
• The Client independently manages access for its Users (invitations, roles, access revocation) through the Service's administrative settings.

We reserve the right, at our sole discretion and without any compensation or refund, to refuse registration or to suspend/terminate access already granted to the Service for any person or organization that supports armed aggression against Ukraine (including by paying taxes, fees, or other payments to the aggressor state) or is affiliated with the business of the aggressor state or states that support such aggression.

5. License to use

Subject to compliance with this Agreement and payment of the applicable fees, we grant the Client a limited, non-exclusive, non-transferable license to use the Service for the duration of the subscription — solely for the Client's internal business purposes. This license does not include the right to resell, sublicense, or use the Service to provide competing services to third parties.

6. Acceptable use

By using the Service, the Client agrees NOT to:

• attempt to gain unauthorized access to the Service, other accounts, or the infrastructure supporting it;
• submit content to the Service that the Client does not have a lawful basis to have processed (including personal data collected without proper consent or another legal basis);
• attempt to bypass or circumvent the Service's technical restrictions (rate limiting, data isolation between organizations, authentication);
• use the Service to upload malicious code, spam, or content that infringes third-party rights or violates the law;
• reverse engineer the Service, except where expressly permitted by applicable law.

Violation of this section may result in suspension or termination of access to the Service under Section 13.

7. Client responsibility for data

• The Client is responsible for the lawfulness of transmitting Client Content (including data of the Client's end customers) to the Service — i.e., having its own legal basis for collecting and further processing this data.
• With respect to personal data contained in Client Content, the Client acts as the data controller and QAAIFY as the processor on the Client's behalf (for details, see the Privacy Policy and [PLACEHOLDER: a separate Data Processing Agreement, if required for EU clients]).
• The Client is responsible for the accuracy of the credentials provided to connect the Helpdesk and AI provider.

8. Payment, subscription, and trial period

• Subscription payments are processed through our payment partner (Merchant of Record) — card details are not passed to us.
• Pricing plans and their contents — see the pricing page; we may change prices for future subscription periods with advance notice.
• The trial period (if applicable) does not require payment; after it ends, an active paid subscription is required to continue using the Service.
• The subscription automatically renews for the next period unless the Client cancels it before the renewal date.

[PLACEHOLDER: exact refund/prorated refund terms upon cancellation, if they differ from the payment partner's default policy.]

9. Intellectual property rights

• Client Content remains the property of the Client (or its end customers). We claim no ownership rights over it.
• We do NOT use Client Content to train our own AI models or general-purpose models.
• The Service, its source code, design, trademarks, and the QAAIFY logo are our property or the property of our licensors and are protected by intellectual property law. This Agreement does not transfer any rights to them to the Client, other than the limited license to use granted under Section 5.
• AI evaluations, coaching recommendations, and other analytics generated by the Service based on Client Content are provided to the Client for use within the scope of its subscription.
• The Client grants us a limited, royalty-free, non-exclusive license to use the Client's company name, trademark, logo, and a brief description of its business — solely to identify the Client as a user of the Service in case studies, on the Website, in promotional materials, and other marketing publications. We do not publish specific metrics or Client Content in such materials without the Client's separate prior consent, and the Client may revoke this license at any time by writing to support@qaaify.com.

10. Privacy and data protection

The processing of personal data is governed by our Privacy Policy, which forms an integral part of this Agreement. The technical and organizational security measures applied in the Service are described on Trust Center.

11. Integrations and third parties

The Service connects to systems chosen by the Client itself (Helpdesk, AI provider, notification channels such as Slack/Teams). Use of these third-party systems is governed by the respective providers' own terms of use — the Client is responsible for complying with those terms independently of this Agreement. We are not liable for the actions, failures, or policy changes of third-party services beyond our control.

12. Service availability

We use commercially reasonable efforts to maintain continuous availability of the Service, including scheduled backups and monitoring, but we do not guarantee uninterrupted, error-free operation. Periods of maintenance may occur, with advance notice where practical.

[PLACEHOLDER: if a formal SLA with a specific uptime percentage and compensation is provided for certain pricing plans — describe it here.]

13. Term and termination

• This Agreement is effective from the moment the Client registers until the subscription is terminated by either party.
• The Client may cancel its subscription at any time through account settings; access remains available until the end of the already-paid period.
• We may suspend or terminate the Client's access to the Service in the event of a material breach of this Agreement (including Section 6, "Acceptable Use") or non-payment of the subscription, generally after prior notice and a reasonable opportunity to cure the breach, except in cases requiring immediate action to protect the Service or other users.
• After access is terminated, Client Content is deleted or anonymized according to the terms specified in the Privacy Policy, except for data we are legally required to retain longer (e.g., invoicing data).

14. Disclaimer of warranties

The AI evaluations and recommendations generated by the Service are a supporting analytical tool, not a final legal, HR, or other professional decision — decisions based on them are made by the Client independently. The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including but not limited to warranties of fitness for a particular purpose, uninterrupted or error-free operation, or the complete accuracy of AI evaluations, except for warranties expressly given in this Agreement or that cannot be excluded under applicable law.

15. Limitation of liability

To the maximum extent permitted by law, our aggregate liability for any claims related to this Agreement or use of the Service is limited to the amount paid by the Client for the Service during the [PLACEHOLDER: N months] preceding the event giving rise to the claim. We are not liable for indirect, incidental, or consequential damages, or lost profits.

[PLACEHOLDER: exact wording, exceptions to the limitation of liability (e.g. gross negligence, willful misconduct, breach of confidentiality) — requires legal review, depends on the applicable jurisdiction.]

16. Indemnification

The Client agrees to indemnify and hold us harmless from third-party claims arising from: (a) Client Content submitted to the Service without a proper legal basis; (b) the Client's breach of Section 6, "Acceptable Use"; (c) the Client's violation of applicable data protection law with respect to data it submits to the Service.

17. Force majeure

Neither party is liable for failure to perform its obligations caused by circumstances beyond its reasonable control (natural disasters, acts of war, internet or third-party cloud provider outages, actions of government authorities, etc.).

18. Governing law and dispute resolution

[PLACEHOLDER: jurisdiction, governing law, venue, or arbitration procedure — requires legal review, depends on where the company is registered and where clients are predominantly located.]

19. Changes to this Agreement

We may update this Agreement over time. We will notify the Client of material changes in advance (email and/or a notification in the Service). Continued use of the Service after the changes take effect constitutes acceptance of the updated Agreement.

20. General provisions

• Severability: if any provision of this Agreement is found invalid, the remaining provisions remain in effect.
• No waiver: a party's failure to insist on the performance of any provision shall not be deemed a waiver of the right to insist on it later.
• Assignment: the Client may not transfer its rights or obligations under this Agreement to a third party without our prior written consent. We may assign this Agreement in connection with a reorganization, merger, or sale of the business.
• Entire agreement: this Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior oral or written agreements on the subject.

21. Contacts

Questions about this Agreement can be sent to: support@qaaify.com