Terms and Conditions

By accessing or using the Qualiteam.ai platform (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "Customer" will refer to such entity.

If you do not agree to these Terms, do not access or use our Service.

These Terms incorporate by reference our Privacy Policy and Data Processing Agreement, which describe how we collect, use, and protect your information.

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. If you are using the Service on behalf of an organization, you must be authorized to accept these Terms on that organization's behalf.

Qualiteam.ai provides an AI-powered platform for evaluating and analyzing customer support conversations. Our Service includes:

Core Features: Automated conversation analysis and quality evaluation using artificial intelligence and large language models (LLMs), performance scoring and insights based on configurable criteria and rules, conversation benchmarking and comparison tools, playground environment for testing conversation evaluations, and team management and evaluation workflow tools.

Platform Integrations: The Service integrates with various customer support platforms, including but not limited to Intercom, Zendesk, Salesforce Service Cloud, and other communication platforms. We retrieve conversation data from these platforms according to the permissions you grant.

AI Processing: Our Service uses third-party AI and LLM providers (including OpenAI and Google AI) to analyze conversation content, generate insights, and provide evaluation results. AI outputs are probabilistic in nature and should be used to assist, not replace, human judgment.

Service Availability: The Service is provided on a subscription basis and is continuously updated and improved. We may add new features, modify existing functionality, or discontinue certain features with appropriate notice.

No Professional Services: The Service is a software platform only. We do not provide professional consulting, legal advice, or guarantee specific business outcomes from using our platform.

Business Use Only: The Service is offered only to business users; consumers are not permitted to register.

Account Creation: To use our Service, you must create a company account by providing accurate and complete information, including your company name, contact information, and other required details. You are responsible for maintaining the accuracy of this information.

User Management: As the account administrator, you are responsible for: managing user access and permissions within your organization, inviting team members and controlling their access levels, ensuring all users comply with these Terms, and monitoring and controlling how your team members use the Service.

Account Security: You are responsible for: maintaining the confidentiality of all account credentials and access tokens, all activities that occur under your account, whether by you or your team members, immediately notifying us of any unauthorized use of your account, and using strong passwords and enabling available security features.

Accurate Information: You must provide and maintain accurate, current, and complete information in your account. You must not impersonate any person or entity or provide false information.

Account Suspension: We may suspend or terminate your account if: you violate these Terms or our Acceptable Use Policy, your account is used for illegal or harmful activities, you fail to pay applicable fees, or we reasonably believe suspension is necessary to protect our Service or other users.

Data Export: You may export your data at any time through our platform features. Upon account termination, you will have 30 days to export your data before it is deleted according to our data retention policy.

Permitted Use: You may use our Service solely for its intended purpose of evaluating and analyzing customer support conversations within your organization, in compliance with these Terms and applicable laws.

Reporting Violations: If you become aware of any violations of this Acceptable Use Policy, please report them to [email protected].

Subscription Model: Our Service is offered on a monthly subscription basis, priced per support agent that you wish to evaluate. Subscription fees are charged in advance for each billing period.

Free Trial: We offer a 2-week free trial that includes up to 1,000 conversation evaluations. No payment information is required to start your trial. If you do not add a payment method by day 14, the account is deactivated. At the end of the trial period, you must subscribe to continue using the Service.

Price Changes: We may change our subscription prices at any time. We will provide at least 30 days' advance notice of any price increases by email. Price changes will take effect on your next billing cycle after the notice period. If you do not agree to a price change, you may cancel your subscription.

No Refunds: All subscription fees are non-refundable, except: If we terminate for convenience (per "Termination by Us" section), we will refund prorated pre-paid fees for unused time. If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period, but no refund will be provided for unused time.

Account Suspension for Non-Payment: If your payment fails, we will attempt to collect payment for up to 7 days. If payment is not successful, your account may be suspended until payment is received. Suspended accounts will have limited access to the Service.

Taxes: All fees are exclusive of applicable taxes, duties, or similar charges. As a Spanish business, we handle VAT obligations according to Spanish tax law. You are responsible for any taxes that may apply in your jurisdiction.

Privacy Policy: Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

Data Processing Relationship: When you use our Service to process personal data (such as customer support conversations), you act as the data controller and we act as the data processor under applicable data protection laws, including GDPR.

Data Processing Agreement: For customers processing personal data through our Service, our Data Processing Agreement (DPA) governs the technical and organizational measures, subprocessor arrangements, and other requirements under GDPR Article 28. The DPA is incorporated into these Terms by reference.

Customer Data Ownership: You retain all rights, title, and interest in your data, including conversation transcripts, evaluation results, and other content you upload or generate through our Service. We do not claim ownership of your data.

Data Retention and Deletion: We retain your data according to the retention periods specified in our Privacy Policy (maximum 1 year for conversation data). You may delete your data at any time through our platform, and we will delete your data upon account termination as specified in our Privacy Policy.

International Data Transfers: Your data is primarily stored in the European Union. Limited data may be transferred outside the EU for AI processing services (OpenAI in the United States), protected by Standard Contractual Clauses and additional safeguards as detailed in our Privacy Policy and DPA.

Nature of AI Technology: Our Service uses artificial intelligence and large language models (LLMs) to analyze conversations and generate insights. AI technology is probabilistic in nature and may produce results that are inaccurate, incomplete, biased, or inappropriate.

No Accuracy Guarantees: We make no representations or warranties regarding the accuracy, completeness, reliability, or appropriateness of any AI-generated analysis, scores, recommendations, or insights provided by our Service.

Human Oversight Required: AI outputs should be used to assist, not replace, human judgment and decision-making. You should:

• Always review AI-generated results before relying on them
• Apply human oversight and professional judgment to all AI recommendations
• Not use AI outputs as the sole basis for employment decisions, performance evaluations, or other significant business decisions
• Understand that AI analysis may not capture context, nuance, or cultural considerations that human reviewers would identify

Limitations and Variability:

• AI performance may vary depending on conversation content, language, context, and other factors
• Service improvements, model updates, or changes to AI providers may affect output consistency over time
• Results may differ between similar conversations due to the probabilistic nature of AI processing
• The third-party AI models we use are trained on general datasets and may not be optimized for your specific industry or use case

Beta and Experimental Features: Some features may be marked as beta, experimental, or preview versions. These features:

• Are provided "as is" without additional warranties
• May be less reliable or have limited functionality
• May be modified or discontinued without notice
• Should not be used for critical business decisions

No Professional Advice: Our Service does not provide legal, HR, employment, or professional advice. AI-generated insights should not be considered as professional recommendations for specific situations.

Customer Responsibility: You acknowledge and accept full responsibility for how you use AI-generated results and any decisions you make based on our Service outputs.

Automated Decision-Making: The Service does not make solely automated decisions producing legal or similarly significant effects concerning you.

Service Provided "As Is": Our Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.

Disclaimer of Warranties: To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, or completely secure
• Warranties that the Service will meet your specific requirements or expectations
• Warranties regarding the accuracy, reliability, or completeness of any content or results

No Guarantee of Service Performance: We do not warrant or guarantee that:

• The Service will be available at all times or without interruption
• All features will function perfectly or without errors
• The Service will be compatible with all systems, browsers, or devices
• Any defects or errors will be corrected within a specific timeframe
• The Service will meet your business requirements or expectations

Third-Party Dependencies: We do not warrant the performance, availability, or reliability of third-party services upon which our Service depends, including but not limited to AI providers, hosting services, and integration platforms.

Geographic and Legal Limitations: We make no warranty that our Service is appropriate or available for use in all jurisdictions. You are responsible for compliance with local laws.

Beta and New Features: New features, beta features, and experimental functionality are provided with additional disclaimers and reduced warranties.

Supported Integrations: Our Service integrates with various third-party customer support platforms, including but not limited to Intercom, Zendesk, Salesforce Service Cloud, and other communication tools. We may add or remove platform integrations at our discretion.

Customer Authorization: To use integrations, you must:

• Grant us appropriate permissions to access your third-party platform accounts
• Ensure you have the authority to provide such access on behalf of your organization
• Maintain valid accounts and subscriptions with the third-party platforms you wish to integrate
• Be responsible for any costs associated with your third-party platform usage

Integration Limitations:

• Integration functionality depends on the APIs and features provided by third-party platforms
• We do not control third-party platform availability, performance, or functionality
• Third-party platform changes, updates, or downtime may affect our integrations
• We are not responsible for any limitations, restrictions, or changes imposed by third-party platforms
• Integration features may be temporarily unavailable due to third-party platform maintenance or issues

Customer Responsibilities: You are responsible for:

• Ensuring compliance with third-party platform terms of service
• Managing permissions and access controls within your third-party platforms
• Ensuring you have appropriate rights to the data accessed through integrations
• Notifying us if integration permissions are revoked or changed
• Understanding that data processing through integrations is subject to both our terms and the third-party platform's terms

No Warranties for Third-Party Services: We make no representations or warranties regarding third-party platforms, their availability, security, or compliance with your requirements. Your use of third-party platforms is subject to their respective terms of service and privacy policies.

Changes to Integrations: We may modify, suspend, or discontinue any integration at any time with reasonable notice. We will attempt to provide alternative solutions where possible, but cannot guarantee continued integration with any specific third-party platform.

Our Intellectual Property: Qualiteam.ai and its licensors own all rights, title, and interest in and to the Service, including:

• The software platform, algorithms, and technology
• User interfaces, designs, and documentation
• Trademarks, service marks, and logos
• Any improvements, modifications, or derivative works of the above

Your Data and Content: You retain all rights, title, and interest in your data, conversation content, and other materials you upload to or generate through our Service. We do not claim ownership of your content.

Limited License to You: Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use our Service solely for your internal business purposes. This license does not include the right to:

• Copy, modify, or create derivative works of our Service
• Reverse engineer, decompile, or disassemble our software
• Remove or alter any proprietary notices or labels
• Use our Service to develop competing products or services
• License, sell, rent, lease, transfer, assign, or distribute our Service

License from You to Us: You grant us a worldwide, non-exclusive, royalty-free license to use your data solely to provide the Service to you. This includes the right to:

• Process your data through our AI systems and third-party providers
• Store and transmit your data as necessary to provide the Service
• Generate insights and analysis based on your data for your use

Feedback and Suggestions: If you provide us with feedback, suggestions, or ideas about our Service, you grant us the right to use such feedback without restriction or compensation. We may incorporate your feedback into our Service to benefit all users.

Trademark Usage: You may not use our trademarks, logos, or brand names without our prior written consent. Any permitted use must comply with our brand guidelines.

Respect for Third-Party Rights: You represent that your use of our Service and any content you provide does not infringe on the intellectual property rights of any third party.

DMCA and Copyright Complaints: If you believe that content on our Service infringes your copyright, please contact us at [email protected] with details of the alleged infringement. Written notices may also be sent to our postal address listed in the Contact Information section.

Service Availability: We strive to maintain 99% uptime for our Service, measured monthly. This is a target, not a guarantee. Service availability may be affected by:

• Planned maintenance and updates
• Third-party service dependencies (hosting, AI providers, integration platforms)
• Circumstances beyond our reasonable control

Planned Maintenance: We may perform maintenance on our Service at any time, with reasonable effort to minimize disruption. For significant maintenance that may affect service availability, we will attempt to provide advance notice when possible.

Support Channels: We provide customer support primarily through:

• Email Support: Contact us at [email protected] for technical assistance and general inquiries
• Phone/Video Calls: Available by arrangement for complex technical issues or implementation questions
• Documentation: Self-service resources available through our platform

Response Times: We aim to respond to support inquiries within 24 hours during business days. Response times may be longer during weekends, holidays, or periods of high demand.

Support Scope: Our support includes:

• Technical assistance with platform functionality
• Help with integration setup and troubleshooting
• Questions about features and best practices
• Account and billing inquiries

Support does not include:

• Custom development or professional services
• Support for third-party platforms (though we can assist with integration issues)
• Training or consulting services (available separately)

Enterprise Support: For larger customers with specific support requirements, dedicated support arrangements may be available by separate agreement.

Limitations: As a specialized service provider, our support capabilities are subject to available resources. We cannot guarantee immediate response times or 24/7 availability, but we are committed to providing helpful and timely assistance to all customers.

Processing Performance: Conversation analysis processing times may vary based on:

• Conversation length and complexity
• Current system load and demand
• Third-party AI provider performance (OpenAI, Google AI)
• Integration platform response times

We aim to process most conversations within a reasonable timeframe but do not guarantee specific processing speeds.

Usage Limits: To ensure fair access and optimal performance for all users, we may implement:

• API rate limits for automated requests
• Usage quotas based on your subscription level
• Fair use policies to prevent system abuse
• Temporary limitations during high-demand periods

Service Capacity: Our Service capacity is subject to:

• Available computing resources and infrastructure
• Third-party service limitations and quotas
• Processing demands from all platform users
• Operational scaling considerations

Performance Variability: Service performance may vary due to:

• Conversation factors: Language, length, complexity, formatting, and content type
• Technical factors: Network conditions, server load, and third-party service performance
• AI model factors: Different models may process content at different speeds and with varying accuracy
• Integration factors: Third-party platform API limitations and response times

No Performance Guarantees: We do not guarantee:

• Specific processing times or response speeds
• Constant availability of all features
• Identical performance across different types of content
• Uninterrupted service during peak usage periods

Scalability and Growth: As our platform grows, we continuously work to improve performance and capacity. However, rapid scaling may temporarily affect service performance, and we appreciate your patience during growth periods.

Performance Monitoring: We monitor service performance and work to identify and resolve performance issues. If you experience persistent performance problems, please contact our support team.

Maximum Liability: To the maximum extent permitted by applicable law, our total liability to you for any and all claims arising out of or relating to these Terms or your use of our Service shall not exceed the greater of the total amount paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim or €10,000.

Excluded Damages: In no event shall we be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from your inability to use the Service
• Damages resulting from any unauthorized access to or alteration of your data
• Damages resulting from any third-party conduct or content on the Service

AI-Specific Limitations: We shall not be liable for any damages or losses resulting from:

• Decisions made based on AI-generated analysis, recommendations, or insights
• Inaccuracies, errors, or biases in AI outputs
• Your reliance on AI recommendations without human oversight
• Employment, HR, or business decisions influenced by our Service
• Any consequences of using AI analysis as the sole basis for decision-making

Data and Security: While we implement reasonable security measures, we are not liable for:

• Data loss or corruption (you are responsible for maintaining backups)
• Unauthorized access to your data due to circumstances beyond our reasonable control
• Data breaches affecting third-party platforms you use
• Your failure to properly secure your account credentials

Service Dependencies: We are not liable for damages caused by:

• Third-party service outages or limitations (hosting, AI providers, integration platforms)
• Your third-party platform issues or changes
• Internet connectivity or network issues
• Force majeure events or circumstances beyond our reasonable control

Customer Responsibility: You acknowledge that you are solely responsible for:

• Your business decisions and their consequences
• Proper use of our Service in compliance with applicable laws
• Obtaining appropriate insurance for your business activities
• Any decisions affecting your employees, customers, or business operations

Legal Limitations: Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

Basis of the Bargain: You acknowledge that we would not enter into these Terms without these liability limitations, which reflect the allocation of risk between us and the fees charged for our Service.

Customer Indemnification: You agree to defend, indemnify, and hold harmless Qualiteam.ai, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of our Service in violation of these Terms
• Your breach of any representation, warranty, or obligation under these Terms
• Your data, content, or materials uploaded to or processed through our Service
• Claims that your data or use of our Service infringes on third-party intellectual property rights
• Your violation of any applicable laws or regulations
• Claims brought by your employees, customers, or other third parties related to your use of our Service
• Any decisions you make based on AI-generated analysis or recommendations from our Service
• Your violation of any third-party platform terms of service

Our Indemnification: We do not provide indemnification for intellectual property claims. You are responsible for ensuring your use of our Service does not infringe third-party rights.

Process: Customer indemnification obligations are subject to:

• Prompt written notice of the claim
• Reasonable cooperation in the defense of the claim

Termination by You: You may terminate your subscription at any time by:

• Canceling through your account dashboard
• Contacting us at [email protected]
• Following the cancellation process outlined in our platform

Cancellation will take effect at the end of your current billing period. You remain responsible for all charges incurred up to the termination date.

Termination by Us: We may terminate your access to our Service:

• With 30 days' written notice for any reason
• Immediately if you breach these Terms and fail to remedy the breach within 7 days of written notice
• Immediately if you violate our Acceptable Use Policy
• Immediately for non-payment after the grace period specified in our Payment Terms
• Immediately if we reasonably believe termination is necessary to protect our Service, other users, or legal compliance

Effect of Termination: Upon termination:

• Your access to the Service will cease
• You must pay all outstanding fees and charges
• We will cease processing your data through our Service
• Your data will be deleted according to our data retention policy unless you export it

Data Export and Deletion:

• You may export your data at any time before termination using our platform features
• After termination, you have 30 days to export any remaining data
• We will delete your data within 30 days of termination in accordance with our Privacy Policy and DPA
• Some data may be retained for longer periods as required by law or our legitimate business interests

Survival: The following provisions survive termination:

• Payment obligations for services provided before termination
• Limitation of Liability and Indemnification provisions
• Intellectual Property Rights
• Data Processing and Privacy obligations
• Dispute Resolution and Governing Law
• Any other provisions that by their nature should survive

Return of Materials: Upon termination, each party will promptly return or destroy (at the other party's option) any confidential information of the other party in its possession.

No Refunds: Termination does not entitle you to any refund of prepaid fees, except where specifically provided in these Terms or required by applicable law.

Transition Assistance: For enterprise customers, we may provide reasonable transition assistance to help with data export and service migration, subject to separate agreement.

Governing Law: These Terms and any disputes arising out of or related to these Terms or our Service shall be governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles.

Jurisdiction: The courts of Barcelona, Spain shall have exclusive jurisdiction over any disputes arising out of or related to these Terms or our Service. You and we both consent to the exclusive jurisdiction and venue of such courts.

Language: Any legal proceedings shall be conducted in Spanish, though English translations may be provided for convenience.

Good Faith Resolution: Before initiating any formal legal proceedings, both parties agree to attempt to resolve any disputes through good faith negotiations. Either party may initiate such discussions by providing written notice of the dispute to the other party.

Dispute Resolution Process:

1. Direct Negotiation: The parties will attempt to resolve the dispute through direct communication for at least 30 days
2. Formal Notice: If direct negotiation fails, the complaining party must provide formal written notice detailing the dispute
3. Final Negotiation: The parties will have an additional 30 days to resolve the dispute after formal notice
4. Legal Proceedings: If the dispute remains unresolved after this process, either party may commence legal proceedings

Notice Requirements: All legal notices must be delivered to:

• To Qualiteam.ai: [email protected] and to our registered address at Pere IV 201, Barcelona, 08018, Spain
• To Customer: The email address and postal address provided in your account

Limitation Period: Any legal action arising out of or related to these Terms must be commenced within one (1) year after the cause of action arose, or such action will be forever barred.

Enforcement: If any party obtains a judgment against the other party, the prevailing party shall be entitled to recover reasonable attorney's fees and costs in addition to any other relief awarded.

Right to Modify: We reserve the right to modify these Terms at any time. We will make reasonable efforts to provide notice of material changes, but we may update these Terms without prior notice for minor changes that do not materially affect your rights or obligations. Material changes include changes to fees, liability caps, privacy practices, or sub-processor list.

Notification of Changes: For material changes to these Terms, we will:

• Post the updated Terms on our website with a new effective date
• Send notice to your registered email address at least 30 days before the changes take effect
• Highlight significant changes in our notification

Your Options: If you do not agree with any changes to these Terms:

• You may terminate your subscription before the changes take effect
• Termination due to Terms changes will be subject to our standard termination process
• You will remain bound by the previous version of the Terms through your current billing period

Acceptance of Changes: Your continued use of our Service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using our Service.

Version Control:

• We will maintain version numbers and effective dates for Terms updates
• Previous versions may be available upon request for your records
• The current version of these Terms is always available on our website

No Retroactive Effect: Changes to these Terms will not apply retroactively unless:

• Required by applicable law
• The changes benefit you
• You explicitly agree to retroactive application

Regular Review: We encourage you to review these Terms periodically to stay informed of any updates or changes that may affect your use of our Service.

Entire Agreement: These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Qualiteam.ai regarding your use of our Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them valid and enforceable.

No Waiver: Our failure to enforce any provision of these Terms or to exercise any right shall not constitute a waiver of such provision or right. Any waiver must be in writing and signed by an authorized representative of Qualiteam.ai.

Assignment: You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms or any rights hereunder without your consent, including in connection with a merger, acquisition, or sale of assets.

Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, epidemics, pandemics, public-health emergencies, or internet/telecommunications failures.

Independent Contractors: The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, or agency relationship between the parties.

Language and Interpretation: These Terms are written in English. If translated into other languages, the English version shall prevail in case of any conflicts or discrepancies.

Electronic Communications: You consent to receive communications from us electronically, including via email, in-app notifications, or postings on our website. Electronic communications satisfy any legal requirement that communications be in writing.

Electronic Signatures: You agree that electronic signatures, contracts, orders, and other records and communications generated or completed through our Service will be legally binding to the same extent as if they were physically signed and delivered.

Headings: The headings and section titles in these Terms are for convenience only and shall not affect the interpretation of any provision.

Survival: Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to warranty disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

Third-Party Beneficiaries: These Terms are not intended to create any third-party beneficiary rights except as expressly set forth herein.

Legal and General Inquiries: For questions about these Terms, legal matters, or general inquiries about our Service:

Website: https://qualiteam.ai

Customer Support: Our support team is available to assist with technical questions, account issues, and platform usage. Please allow up to 24 hours for response during business days.

Privacy and Data Protection: For questions about our data practices, privacy policy, or to exercise your data protection rights, contact us at [email protected].