1. Agreement and Scope
These Terms of Use (“Terms”) are a binding agreement between you and Qualvix LLC (“Qualvix,” “we,” “our,” or “us”). They govern your use of Qualvix websites, software, communications, integrations, and technology-enabled business services (the “Services”).
If you use the Services for a company or organization, you represent that you have authority to bind it.
Additional written terms shown in an order form, checkout page, statement of work, or other written offer may apply to a particular Service. If those terms conflict with these Terms, the additional terms control for that Service.
These Terms contain binding arbitration and a class-action waiver. See Section 14.
2. Eligibility and Accounts
You must be at least 18 and legally capable of entering a binding agreement to create an account or purchase Services. You agree to provide accurate information, protect your credentials, and promptly report suspected unauthorized access.
3. Services and Customer Responsibilities
Qualvix may provide customer engagement, communications, follow-up, lead or customer reactivation, scheduling, workflow automation, integrations, analytics, AI-assisted interactions, and related technology services.
Customer Data and Authority
You represent and warrant that you have all rights and permissions necessary to provide data to Qualvix and to instruct Qualvix to process it and perform the requested Services.
Communications Consent and Opt-Outs
If you ask Qualvix to send or initiate calls, text messages, emails, or other communications on your behalf, you are responsible for ensuring recipients may lawfully receive them. This includes obtaining and maintaining any legally required consent, maintaining supporting records, honoring revocations and opt-outs, and excluding people who have asked not to be contacted.
You will promptly provide Qualvix with information about opt-outs, revocations, suppression requests, or other restrictions relevant to communications performed through the Services.
AI and Automated Communications
You understand that Services may use artificial intelligence, automation, artificial or prerecorded voice technology, or similar technologies where enabled for the applicable Service. You are responsible for determining that your requested use is lawful and appropriate.
Unless Qualvix separately agrees in writing, you must not provide medical records, diagnoses, clinical notes, treatment details, insurance information, or other protected health information (“PHI”). If you connect a CRM or similar system, configure it to provide only the minimum non-clinical contact, scheduling, and business information needed for the Services.
4. Third-Party Systems and Integrations
The Services may connect with CRM, calendar, scheduling, email, communications, payment, or other third-party systems. You authorize Qualvix to access and use information from connected systems as necessary to provide the Services. Third-party services are governed by their own terms and policies, and Qualvix does not control their availability, security, or functionality.
5. Fees, Billing, and Subscriptions
Fees and billing terms are those presented when you purchase or subscribe to a Service. You authorize Qualvix and its payment providers to charge your payment method for amounts due.
If a Service is sold as a recurring subscription, it renews at the stated interval until canceled through the cancellation method made available for that Service. Cancellation stops future renewal charges but does not retroactively cancel charges already incurred, except where required by law or expressly stated in applicable written terms.
You are responsible for applicable taxes other than taxes based on Qualvix’s net income. We may suspend paid Services for overdue amounts.
6. Acceptable Use
You may not use the Services to violate law or third-party rights; send communications you are not authorized to send; misrepresent identity or affiliation; harass, threaten, defraud, or harm others; upload malware; interfere with or bypass security; attempt unauthorized access; reverse engineer except where law prohibits that restriction; systematically extract Qualvix content or functionality to build a competing service; or provide data you do not have the right to provide.
We may suspend or restrict use when we reasonably believe it creates legal, security, operational, or reputational risk.
7. Customer Content and Intellectual Property
You retain ownership of information and materials you provide (“Customer Content”). You grant Qualvix a non-exclusive license to host, copy, transmit, modify, and use Customer Content only as reasonably necessary to provide, secure, support, and improve the Services.
Qualvix and its licensors retain all rights in the Services, including software, workflows, technology, documentation, designs, and trademarks. We may use aggregated or de-identified information that does not reasonably identify you or an individual to operate, analyze, improve, and develop the Services.
8. Confidentiality
Each party may receive non-public business, technical, or commercial information that a reasonable person would understand to be confidential. The receiving party will use reasonable care to protect it and use it only as necessary to perform or receive the Services or as otherwise authorized.
This does not apply to information that is public through no breach, was lawfully known without restriction, is lawfully received from a third party without a duty of confidentiality, or is independently developed without the other party’s confidential information.
9. AI and Service Limitations
Some Services use AI or automated systems. Outputs are probabilistic and may be inaccurate, incomplete, inappropriate, delayed, or unexpected. You are responsible for reviewing outputs and for business decisions made using the Services.
Qualvix does not provide legal, medical, financial, or other professional advice through the Services.
10. Suspension and Termination
You may stop using the Services at any time, subject to applicable billing terms. We may suspend or terminate access for material breach, nonpayment, unlawful or abusive activity, security risk, or when continued provision is impracticable or prohibited by law.
Provisions that should survive by their nature will survive termination, including payment, intellectual property, confidentiality, disclaimers, liability limits, indemnification, and dispute resolution.
11. Disclaimers
Except as expressly stated in a separate written agreement, the Services are provided “as is” and “as available.” To the maximum extent permitted by law, Qualvix disclaims express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, and error-free operation.
Qualvix does not warrant that every communication will be delivered, answered, understood, or acted upon, or that third-party systems, telecommunications carriers, internet providers, email providers, or integrations will operate without interruption.
12. Limitation of Liability
To the maximum extent permitted by law, Qualvix will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, loss of goodwill, loss of data, or business interruption arising out of or relating to the Services.
To the maximum extent permitted by law, Qualvix’s aggregate liability arising out of or relating to the Services will not exceed the greater of $100 or the fees paid by you to Qualvix for the affected Services during the three months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.
13. Indemnification
You will defend, indemnify, and hold harmless Qualvix and its officers, directors, employees, and agents from third-party claims, damages, liabilities, costs, and reasonable attorneys’ fees arising from Customer Content, your instructions, communications sent or initiated on your behalf, failure to obtain or maintain required consent or honor opt-outs, or your violation of law or these Terms.
14. Dispute Resolution; Binding Arbitration
Please read this section carefully because it affects your rights.
Informal Resolution
Before filing arbitration, the complaining party must give written notice describing the dispute and requested relief and allow 30 days for informal resolution. Notice to Qualvix may be sent to Support@team.qualvix.ai.
Agreement to Arbitrate
Except for qualifying individual small-claims matters and requests for temporary or preliminary injunctive relief involving intellectual property or unauthorized access, disputes arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by JAMS under its applicable rules. The Federal Arbitration Act governs this provision. Unless agreed otherwise, arbitration will take place in Clark County, Nevada, or remotely if permitted.
Class-Action Waiver
You and Qualvix agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in a class, collective, consolidated, or representative action.
Opt-Out
You may opt out of this arbitration provision by emailing Support@team.qualvix.ai within 30 days after you first accept these Terms. Include your name, company if applicable, account email, and a clear statement that you wish to opt out of arbitration.
Severability
If part of this arbitration section is unenforceable, it will be severed to the minimum extent necessary. If the class-action waiver is unenforceable as to a claim, that claim will proceed in court rather than arbitration.
15. General Terms
Governing Law and Venue
These Terms are governed by Nevada law, without regard to conflict-of-law principles. Any dispute not subject to arbitration will be brought exclusively in state or federal courts located in Clark County, Nevada.
Assignment
You may not assign these Terms without our prior written consent. Qualvix may assign them in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law.
Entire Agreement; Severability; Waiver
These Terms and applicable additional written terms are the entire agreement concerning the Services. If a provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver.
Electronic Communications
You agree that notices and other communications may be provided electronically, including by email or through the Services.
16. Changes
We may update these Terms from time to time. Updated Terms will show a revised “Last Updated” date. Material changes may receive additional notice. Continued use after the effective date constitutes acceptance except where law requires another form of consent.
17. Contact
Questions may be sent to Support@team.qualvix.ai.