Terms & Conditions

These Terms & Conditions (“Terms”) govern access to and use of the Qualiflow website, platform, APIs, applications, voice agents, and related services (collectively, the “Services”), operated by Qualiflow (“Qualiflow,” “we,” “us,” or “our”).

By accessing or using the Services, you agree to be legally bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility & Authority

You must be at least 18 years old and have the legal authority to enter into this agreement.

If you are using the Services on behalf of a company or organization, you represent that you have authority to bind that entity.

2. Nature of the Service

Qualiflow provides AI-powered voice agents and automation tools intended to assist with business processes such as lead qualification, scheduling, information delivery, and related workflows.

Qualiflow does NOT:

Provide legal, financial, medical, or regulatory advice
Guarantee outcomes, conversions, revenue, or performance
Replace human judgment or responsibility

You acknowledge that AI systems may produce inaccurate, incomplete, or unexpected outputs.

3. User Responsibilities

You are solely responsible for:

All data, prompts, scripts, call logic, recordings, and outputs
Compliance with local, national, and international laws, including but not limited to:
- Telemarketing laws
- Consent & call recording laws
- Data protection & privacy laws (e.g., GDPR, TCPA, ePrivacy)
Obtaining all required consents and permissions
How the Services are used, deployed, and configured

Qualiflow is not responsible for misuse, misconfiguration, or unlawful use of the Services.

4. Prohibited Uses

You agree NOT to use the Services to:

Violate any law or regulation
Make fraudulent, deceptive, or misleading calls
Harass, threaten, or abuse individuals
Impersonate real persons or entities unlawfully
Conduct spam, robocalls, or illegal outreach
Infringe intellectual property or privacy rights
Attempt to reverse-engineer or abuse the platform

Violation may result in immediate suspension or termination without notice.

4A. Strict Acceptable Use & Compliance Obligations

You acknowledge and agree that Qualiflow is a neutral technology provider and does not control, initiate, approve, or supervise how users deploy the Services.

You are solely and fully responsible for ensuring that your use of the Services is lawful, ethical, and compliant.

Prohibited Conduct (Zero Tolerance)

You MUST NOT use the Services to:

Make cold calls, automated calls, or outreach without explicit legal permission or consent where required
Send spam, mass outreach, or unsolicited communications
Violate telemarketing, robocalling, consent, or do-not-call laws (including TCPA, ePrivacy, GDPR, or local equivalents)
Record calls without lawful disclosure and consent
Generate, distribute, or facilitate:
- Illegal content
- Fraud, scams, phishing, or impersonation
- Harassment, threats, hate speech, or abuse
- Sexual, violent, or exploitative content
Misrepresent the identity, intent, or nature of the caller or business
Bypass safeguards, rate limits, or compliance mechanisms
Use the Services for surveillance, profiling, or unlawful monitoring
Upload or process personal data without a lawful basis

4B. Lead Consent & Outreach Responsibility

If you use Qualiflow for outbound communication, you explicitly represent and warrant that:

You own or have lawful rights to contact the leads
You have obtained valid consent where required
Your outreach complies with all applicable laws
You maintain records proving consent if required by regulators

Qualiflow does not verify lead consent and has no obligation to do so.

Any violation is entirely your responsibility.

4C. Monitoring, Enforcement & Immediate Termination

Qualiflow reserves the right (but has no obligation) to:

Monitor usage for abuse, fraud, or violations
Suspend or terminate accounts immediately and without notice
Remove content or disable functionality
Cooperate with law enforcement or regulators when legally required

No refunds or credits will be issued for accounts terminated due to violations.

4D. Full Indemnity for Misuse & Regulatory Violations

You agree to fully indemnify, defend, and hold harmless Qualiflow from any and all claims, damages, fines, penalties, investigations, enforcement actions, or lawsuits arising from:

Illegal calls or messages
Spam or unsolicited outreach
Lack of lead consent
Data protection violations
Regulatory fines (including telecom and privacy authorities)
Third-party complaints or civil claims

This obligation survives termination.

4E. No Liability for User Misconduct

Qualiflow shall not be liable under any circumstances for:

User-generated content
Calls initiated by users
AI outputs configured by users
Regulatory or legal consequences resulting from user actions

You explicitly waive any claims against Qualiflow arising from enforcement actions related to your use of the Services.

5. AI & Automation Disclaimer

You expressly acknowledge that:

AI-generated content is probabilistic, not deterministic
Errors, hallucinations, delays, or failures may occur
Outputs must be reviewed and validated before use
You assume all risk arising from reliance on AI outputs

Qualiflow disclaims all liability related to AI decisions or automated actions.

6. No Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

QUALIFLOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY
AVAILABILITY
UPTIME
ERROR-FREE OPERATION

7. Limitation of Liability (Very Important)

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

QUALIFLOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL

QUALIFLOW’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO QUALIFLOW IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100 — WHICHEVER IS LOWER.

8. Indemnification (User Protects Qualiflow)

You agree to defend, indemnify, and hold harmless Qualiflow, its founders, employees, contractors, and partners from any claims, damages, fines, penalties, or legal fees arising from:

Your use of the Services
Your data or content
Violations of law
Third-party claims related to calls, recordings, or outreach
Regulatory actions or fines

9. Account Suspension & Termination

Qualiflow reserves the right to:

Suspend or terminate access at any time
Remove content
Block accounts without liability

Termination does not relieve you of legal obligations.

10. Payments & Fees (If Applicable)

All fees are:

Non-refundable unless explicitly stated
Subject to change
Exclusive of taxes, which you are responsible for

Failure to pay may result in suspension.

11. Intellectual Property

All Qualiflow software, models, designs, trademarks, and content are owned by Qualiflow or its licensors.

You receive a limited, non-exclusive, non-transferable, revocable license to use the Services.

No rights are granted beyond those explicitly stated.

12. Third-Party Services

Qualiflow may integrate with third-party providers (e.g., telephony, AI, analytics).

We are not responsible for:

Third-party outages
API failures
External data accuracy
Third-party legal compliance

Use is at your own risk.

13. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of [INSERT JURISDICTION – e.g., Germany / Delaware], without regard to conflict of law principles.

Mandatory Binding Arbitration

All disputes shall be resolved through binding arbitration, and you waive any right to class actions or jury trials, to the extent permitted by law.

14. Changes to Terms

We may update these Terms at any time. Continued use constitutes acceptance of the updated Terms.

15. Severability

If any provision is found unenforceable, the remaining provisions remain in full force.

16. Contact

Qualiflow Customer Support

📧 liad.sh@qualiflow.io