Terms of Service

Legal terms and conditions governing your use of QualityAI services.

Last updated: January 19, 2024

1. Acceptance of Terms

By accessing or using QualityAI services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

Important: By using our Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Description of Service

QualityAI provides real-time call center quality monitoring and analytics services, including:

  • Real-time Call Analysis: AI-powered monitoring of customer service calls
  • Alert System: Instant notifications for quality issues and escalations
  • Analytics Dashboard: Performance metrics and reporting tools
  • Integration Services: Connections with call center platforms
  • Support Services: Technical support and customer assistance

The Service is provided on a subscription basis with various pricing tiers and features.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account

3.2 Account Security

You are responsible for safeguarding your account credentials. You must notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in activities that harm our Service or other users.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service for legitimate business purposes related to call center quality management and customer service improvement.

4.2 Prohibited Uses

You agree not to use the Service to:

Illegal Activities
  • Violate laws or regulations
  • Infringe intellectual property rights
  • Engage in fraudulent activities
Harmful Conduct
  • Transmit malware or viruses
  • Attempt unauthorized access
  • Interfere with Service operation
Privacy Violations
  • Record calls without consent
  • Share personal data unlawfully
  • Violate privacy regulations
Misuse of Service
  • Resell or redistribute Service
  • Reverse engineer software
  • Create competing services

5. Data and Privacy

5.1 Customer Data

You retain ownership of all data you provide to the Service ("Customer Data"). You grant us a limited license to process Customer Data solely to provide the Service.

5.2 Data Processing

We process Customer Data in accordance with our Privacy Policy and applicable data protection laws, including GDPR and CCPA.

5.3 Data Security

We implement appropriate technical and organizational measures to protect Customer Data against unauthorized access, alteration, disclosure, or destruction.

5.4 Compliance Responsibilities

You are responsible for ensuring that your use of the Service complies with applicable laws, including:

  • Obtaining proper consent for call recordings
  • Complying with telecommunications regulations
  • Following industry-specific compliance requirements
  • Implementing appropriate data governance policies

6. Payment Terms

6.1 Subscription Fees

Access to the Service requires payment of subscription fees as specified in your chosen pricing plan. Fees are billed in advance on a monthly or annual basis.

6.2 Payment Processing

Payments are processed through third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method.

6.3 Refunds and Cancellations

Scenario Refund Policy Notice Period
Free Trial No charges during trial period Cancel anytime
Monthly Subscription Prorated refund for unused time 30 days notice
Annual Subscription Refund for remaining months 30 days notice
Service Issues Full refund if service unavailable Immediate

6.4 Late Payments

Late payments may result in service suspension. We reserve the right to charge interest on overdue amounts at 1.5% per month.

7. Intellectual Property

7.1 Our Rights

The Service and its original content, features, and functionality are owned by QualityAI and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Your Rights

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your business purposes.

7.3 Feedback

Any feedback, suggestions, or improvements you provide regarding the Service may be used by us without restriction or compensation.

8. Service Availability and Support

8.1 Uptime Commitment

We strive to maintain 99.9% uptime for the Service. Planned maintenance will be scheduled during off-peak hours with advance notice.

8.2 Support Services

24/7 Support

Technical support available around the clock

Training

Onboarding and user training included

Maintenance

Regular updates and improvements

8.3 Service Modifications

We reserve the right to modify or discontinue the Service with reasonable notice. We will provide migration assistance for significant changes.

9. Disclaimers and Limitations of Liability

Important Legal Notice: Please read this section carefully as it limits our liability.

9.1 Service Disclaimer

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

  • Merchantability and fitness for a particular purpose
  • Non-infringement of third-party rights
  • Accuracy, completeness, or reliability of content
  • Uninterrupted or error-free operation

9.2 Limitation of Liability

To the maximum extent permitted by law, QualityAI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, data, or business opportunities
  • Business interruption or system downtime
  • Cost of substitute services
  • Damage to reputation or goodwill

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount paid by you for the Service in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless QualityAI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service in violation of these Terms
  • Your violation of applicable laws or regulations
  • Infringement of third-party rights by your Customer Data
  • Your failure to obtain proper consents for call recordings
  • Any negligent or wrongful conduct by you or your employees

11. Termination

11.1 Termination by You

You may terminate your account at any time by providing 30 days written notice. Upon termination, you will have access to export your data for 90 days.

11.2 Termination by Us

We may terminate your account immediately if you:

  • Violate these Terms or our Acceptable Use Policy
  • Fail to pay fees when due (after 30-day cure period)
  • Engage in activities that harm our Service or reputation
  • Become insolvent or cease business operations

11.3 Effect of Termination

Upon termination:

  • Your access to the Service will be immediately suspended
  • You remain liable for all fees incurred prior to termination
  • We will delete your Customer Data after 90 days (unless legally required to retain)
  • Provisions regarding liability, indemnification, and intellectual property survive termination

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through:

  1. Informal Resolution: Good faith negotiations for 30 days
  2. Mediation: Binding mediation in Miami, FL
  3. Arbitration: Final binding arbitration under AAA Commercial Rules

12.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitrations.

14. Contact Information

If you have questions about these Terms of Service, please contact us:

Address

QualityAI Legal Department
123 Innovation Drive, Suite 400
Miami, FL 33101
United States