WELCOME TO QUALIFIER'S PROSPECTING SERVICE (THE “SERVICE”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT GOVERN YOUR USE, SUBSCRIPTION AND ACCESS OF THE SERVICE.
The Site provides services to help connect Qualifier’s Customers with Prospects (the “Services” or the “Service”). Both the Customer and the Prospect can exchange information with one another through the Site in various ways, such as sending emails to another through the Site, obtain information about a another through the Site or but not limited to if Qualifier via an automated message introduce a Prospect to the Customer over email. “Prospect” means a profile of a real person whose identity and contact details (including but not limited to an email address, social links or a phone number) are listed on the Site.
“Information” means a Prospect’s identity or contact details (email address, social links or phone number). "Introduce" means an automated email is being sent out by means initiated via Qualifier’s Services from the email address provided by the Customer to a Prospect.
The Service is provided “as is” and “as available”.
The Service includes access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Qualifier to respond within one business day) concerning the use of the Service. All Qualifier support will be provided in accordance with Qualifier standard Qualifier practices, procedures and policies. Qualifier may need to access your account in order to deliver support and customer services.
CHANGES TO SERVICES
Qualifier continually changes and improves the Service. The Customer’s use of any new features and functionality added to the Service may be subject to additional or different terms relating to such new features and functionality. Qualifier may alter or remove functionality from the Service at any time without prior notice. Qualifier will inform the Customer of any additional or different terms over email to the Customer’s email address.
SUSPENSION OF THE SERVICE
Qualifier may limit or suspend the Service from time to time at our discretion (for example, to perform scheduled maintenance). If Qualifier limits or suspends the Service, Qualifier will endeavor to give the Customer reasonable advance notice so that the Customer can plan around it. However, there may be some situations, such as security emergencies, where it may not be practicable for Qualifier to give advance notice. Qualifier will use commercially reasonable efforts to narrow the scope and duration of the suspension or limitation as is needed to resolve the issue that prompted such action.
THIRD PARTY SERVICES
If the Customer uses any third party service with the Service, the Customer acknowledges that the service may access or use the customer’s information. Qualifier will not be responsible for any act or omission of the third party, including such third party’s use of the Customer’s information. Qualifier does not warrant or support any such third party service, and the Customer should contact that third party for any issues arising from the Customer’s use of the third party service.
VALID CONTACT INFORMATION
The Customer must provide a legal full name, a valid email address and any other information requested in order to complete the signup process. The Customer is responsible to keep the provided information up to date.
The Customer must be a human. Accounts registered by “bots” or other automated methods are not permitted. Qualifier, in its sole discretion, will determine abuse or excessive usage of the Service. Qualifier will make a reasonable attempt via email to warn the Customer prior to any suspension.
The Customer is responsible to ensure that the Service is not used for any illegal or abusive purposes.
The Customer is responsible for maintaining the confidentiality of passwords and any other credentials used to access its accounts. The Customer will use commercially reasonable efforts to prevent unauthorized use of the Service and will terminate any unauthorized use of which it becomes aware. The Customer, and not Qualifier, is responsible for any activity occurring in its accounts (other than Qualifier’s direct activity which is not performed in accordance with the Customer’s instructions), whether or not authorized. The Customer will notify Qualifier promptly if the Customer becomes aware of any unauthorized access or any other breach of security to its accounts.
The Customer consents to the transfer, processing, and storage of information on the Customer and its employees including any personal data (“Customer Information”) in accordance with this Agreement, including Qualifier’s “Privacy Policies”. The Customer agrees with Qualifier’s privacy policies.
Qualifier uses Nylas email API to enable us to send out email to the prospects on your behalf. This is also how we track when someone replies to the email. When the connection is made, you will be asked to allow access to parts of your email account such as your inbox, sent folder and calendar.
Qualifier’s use and transfer to any other app of information received from Google Accounts will adhere to Google API Services User Data Policy, including the limited Use requirements.
The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Qualifier.
PAYMENT AND BILLING
The Customer must provide Qualifier with accurate customer and billing information and keep this information up to date.
By subscribing to the Service the Customer gives Qualifier the right to charge the submitted credit card, or bill the Customer via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
Upon registration for the Service, Qualifier provides one option of Payment terms to the Customer:
“Subscription Terms”: Customers that on the Site or in a written Sales Document agree to subscribe to the Service for a recurring “Billing Cycle” and have fully paid for it.
The Customer pays in advance for each billing cycle. The subscription payment is due and payable on the Effective Date. Fees for each renewal term shall be due on the same payment schedule. Payment can be made via credit card or wire transfer. Qualifier does not accept checks as a valid payment method. The fee for the first billing cycle is stated in the Sales Document from an Qualifier Sales representative. Fees are non-refundable.
The Service provided by Qualifier is a subscription service. The Customer pays in advance for each billing cycle.
CHANGE IN BILLING CYCLE
The Customer can at any time change between different billing cycles. The new billing cycle length takes effect after the expiration of the current cycle (i.e. at the next renewal date).
The Customer’s account with Qualifier will be renewed automatically using the existing billing cycle until the Customer cancel the Service.
EXTRA SERVICE FEES
The Customer is responsible for all charges incurred related to the Customer’s Qualifier account, including any applicable taxes or extra service fees.
Qualifier may change the fees charged for the Service at any time, provided that, for any fees billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of the Customer’s subscription. Qualifier will provide the Customer with reasonable prior written notice of any change in fees to give the Customer an opportunity to cancel auto-renewal on the Customer’s subscription before the change becomes effective.
CANCELLATION AND TERMINATION OF SERVICE
The Customer may at any time cancel the account. Qualifier does only accept cancelations by email or by cancelation directly through the Customer’s account via qualifier.ai. The cancelation will take effect at the end of the agreed billing cycle.
In case of any breach of the Agreement by the Customer (including any late payments), Qualifier may terminate this Agreement with immediate effect without any liability to the Customer. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Changes to Terms of Service
CHANGES TO TOS
Occasionally Qualifier may, in its sole discretion, make changes to these Terms of Service (“TOS”). Qualifier will announce important changes to the TOS on the Customer’s Qualifier account or by written notice to the Customer’s provided contact information. The current TOS are always available at qualifier.ai. By continuing to use the Service after those changes are made, the Customer is expressing and acknowledging the acceptance of the changes.
USE OF CUSTOMER’S NAME AND COMPANY NAME
Qualifier reserves the right to use the Customer’s name and/or company name as a reference for marketing or promotional purposes on the qualifier.a website and other communication with existing or potential Qualifier customers. To decline Qualifier this right the Customer needs to email [email protected] stating the wish not to be used as a reference or any simliar purpose.
As Qualifier asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If the Customer believes that material located on Qualifier’s site or linked to by Qualifier violates any copyright, the Customer is encouraged to notify Qualifier. Qualifier will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Qualifier will terminate such customer’s access to and use of the Service if, under appropriate circumstances, the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of Qualifier or others.
This Agreement does not transfer from Qualifier to the Customer any Qualifier or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Qualifier. Qualifier, the Qualifier logo, and all other trademarks, service marks, graphics and logos used in connection with Qualifier, or the Service are trademarks or registered trademarks of Qualifier or Qualifier licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. The Customer’s use of the Service grants the Customer no right or license to reproduce or otherwise use any Qualifier or third-party trademarks.
The Service is provided by Qualifier AB (org no 559150-2694) and the references to “Qualifier”, “we”, “us”, and “our” are references to Qualifier AB, a Swedish company located at Vasagatan 11, 111 20, Stockholm, Sweden.
The Customer will not delegate, subcontract, transfer or assign this Agreement or any of its rights or obligations, without the prior written consent by Qualifier.
This Agreement (including any documents incorporated herein by reference to a URL or otherwise), and any sales quote or other sales document prepared for the Customer by Qualifier and sent to the Customer by email (“Sales Document”) constitute the entire agreement between the Customer and Qualifier and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by the Customer do not apply to the Service, do not override or form a part of this Agreement, and are void.
To the extent any conflict exists between them, any Sales Document provided by Qualifier prevails over this Agreement, and this Agreement prevails over any additional terms with respect to the Service not approved by Qualifier in writing.
Neither Qualifier nor the Customer will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, governmental action, or internet disturbance) that was beyond the party’s reasonable control.
The relationship between Qualifier and the Customer is that of independent contractors, and not legal partners, employees, or agents of each other.
The Services is provided “as is”. Qualifier and its suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Qualifier nor its suppliers and licensors, makes any warranty that the Services will be error free or that access there to will be continuous or uninterrupted. The Customer understands that the Customer shares, downloads from, or otherwise obtains content or services through, the Services at the Customer’s own discretion and risk.
Each party represents and warrants that: It has full power and authority to enter into this Agreement; and Qualifier represents and warrants that the Services provided do not infringe or violate any rights of third parties, and are in strict accordance with all applicable laws and regulations, including, but not limited to all data/privacy laws (including without limitation any local laws or regulations in your country, state, city, or other governmental area).
The Customer represents and warrants that it is not barred by any applicable laws from being supplied with the Service. The Service may not be used in any country that is subject to an embargo by the United States or European Union applicable to the Service. The Customer will ensure that: it does not use the Service in violation of any export restriction or embargo by the United States; and it does not provide access to the Service to persons on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals.
LIMITATION OF LIABILITY
You expressly understand and agree that Qualifier shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Qualifier has been advised of the possibility of such damages), resulting from e.g. (but not limited to): the use or the inability to use the Qualifier Service; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Qualifier Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Qualifier Service; or any other matter relating to the Qualifier Service.
RESPONSIBILITY OF DECISIONS
Any decisions you make based on data from the Qualifier Service are your sole responsibility. Qualifier shall not be held liable for any such decisions. Damage and losses.
In no event shall Qualifier’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you, if any, for using the Service during the 12 months preceding the event causing the loss.
The Customer agrees to indemnify and hold harmless Qualifier, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of your use and access to the Services solely as related to any data or content transmitted by you, including but not limited to your violation of this Agreement. Qualifier agrees to indemnify, defend, and hold your company, and your company’s officers, directors, consultants, employees, successors, and assigns harmless from any and all claims and liabilities, (including but not limited to reasonable attorney’s fees) arising from: (i) Qualifier’s violation of any thirdparty right, including without limitation any right of privacy or intellectual property rights; and (ii) Qualifier’s violation of any applicable law, rule or regulation.
This contract shall be governed by the substantive law of Sweden where Qualifier AB has its domicile. Dispute. Any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sweden, in the Swedish language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. Notwithstanding this, Qualifier will be entitled to enforce any infringement of Qualifier’s intellectual property and any non-payment of fees due to Qualifier in the courts of any jurisdiction in which such infringement is occurring or in which the Customer is incorporated.
These Terms of Service were last updated on January 20th, 2019.
If you have any questions about these Terms of Service or any other question, please contact us at [email protected] or send a mail to Vasagatan 11, 111 20, Stockholm, Sweden.