Terms of Service

1. Acceptance of Terms

By accessing or using the Qualfy platform, website, APIs, widget, or any related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree, do not use the Service.

2. Description of Service

Qualfy is a software-as-a-service platform that enables product teams to embed lightweight interview scheduling widgets directly into their products. The Service includes the Qualfy dashboard, embeddable widget, REST APIs, email notifications, calendar integrations, and related features. Qualfy facilitates the recruitment of research participants from a customer's own user base by providing configurable popups, scheduling flows, and interview management tools.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use. You must be at least 18 years of age to create an account and use the Service.

4. Free and Paid Plans

Qualfy offers a free tier with limited features and paid plans with additional capabilities. Paid plans are billed on a monthly or annual cycle as selected at the time of purchase. Annual plans are billed upfront for the full year at a discounted rate. All paid plans auto-renew at the end of each billing cycle unless cancelled before the renewal date. Prices are subject to change with 30 days' notice. Applicable taxes may be added to the stated prices.

5. Cancellation and Refunds

You may cancel your subscription at any time from your account settings. Upon cancellation, your access to paid features will continue until the end of your current billing period. No refunds are provided for partial billing periods on monthly plans. Annual plans may be refunded in full within 14 days of the initial purchase or renewal; after this window, annual plans are non-refundable. Qualfy reserves the right to offer discretionary refunds on a case-by-case basis.

6. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose.
• Abuse, overload, or interfere with the Service's APIs or infrastructure.
• Attempt to reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to send unsolicited messages, spam, or harass users.
• Collect personal data from minors without verifiable parental consent as required by applicable law.
• Resell, sublicense, or redistribute the Service without written permission.
• Circumvent any access controls, rate limits, or security measures.

Qualfy reserves the right to suspend or terminate accounts that violate these restrictions.

7. Data and Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. You retain ownership of all data you submit to the Service (“Customer Data”). Qualfy processes Customer Data solely to provide and improve the Service on your behalf. We do not sell Customer Data to third parties.

8. Intellectual Property

Qualfy and its licensors own all rights, title, and interest in the Service, including all software, designs, trademarks, and documentation. These Terms do not grant you any rights to Qualfy's intellectual property except the limited right to use the Service as described herein. You retain all rights to your content and data. The “Powered by Qualfy” branding must remain on emails sent through the platform unless you are on a plan that explicitly permits its removal.

9. Widget and Embedded Code

By embedding the Qualfy widget in your application, you accept responsibility for obtaining appropriate consent from your end users for the data collection performed by the widget. You must maintain a privacy policy on your site or application that accurately describes the widget's data collection practices, including what data is collected, how it is used, and how users can exercise their rights. Qualfy provides tools to display consent disclosures within the widget, but the ultimate responsibility for legal compliance rests with you.

10. Third-Party Integrations

The Service integrates with third-party services including Google Calendar, Microsoft Outlook, Slack, and others. Your use of these integrations is subject to the respective third-party's terms of service and privacy policies. Qualfy is not responsible for the availability, accuracy, or reliability of third-party services. If a third-party service becomes unavailable, the features that depend on it may be temporarily limited.

11. Service Availability

Qualfy strives to maintain high availability but does not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with reasonable advance notice. Unscheduled downtime may occur due to circumstances beyond our control. Enterprise customers may negotiate a custom Service Level Agreement (SLA) with guaranteed uptime commitments. For all other plans, the Service is provided on a best-effort basis.

12. Limitation of Liability

To the maximum extent permitted by law, Qualfy 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, arising out of or related to your use of the Service. Qualfy's total aggregate liability for any claims arising under these Terms shall not exceed the total fees paid by you to Qualfy in the twelve (12) months preceding the claim. The Service is provided “as is” and “as available” without warranties of any kind, express or implied.

13. Indemnification

You agree to indemnify, defend, and hold harmless Qualfy and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

14. Modifications to Terms

We may update these Terms from time to time. If we make material changes, we will notify you at least 30 days in advance via email to the address associated with your account. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

15. Termination

Either party may terminate the relationship at any time. You may terminate by cancelling your account. Qualfy may terminate or suspend your account immediately if you violate these Terms, with notice where practicable. Upon termination, your right to use the Service ceases. You will have 30 days after termination to export your data. After this period, Qualfy may delete your data in accordance with our data retention policies.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Mecklenburg County, North Carolina.

17. Contact

If you have questions about these Terms, please contact us at legal@qualfy.io.