These Terms of Service (“Terms”) are a binding agreement between you (“Customer”, “you”) and Qualify Base, a Delaware limited liability company (“Qualify Base”, “QualifyBase”, “we”, “us”), governing your access to and use of the QualifyBase platform, including the website https://qualifybase.com, the web application, APIs, AI agents, integrations, documentation, and any related services (collectively, the “Service”).
By clicking “I agree”, creating an account, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree, you must not use the Service.
1. The Service
QualifyBase is a software-as-a-service platform that helps businesses — primarily dental clinics, health tourism agencies, and service providers — automatically engage and qualify inbound leads across multiple channels (WhatsApp, Instagram Direct, Facebook Messenger, phone, SMS, and web chat) using AI. Features include an AI voice and text agent, a unified inbox, lead scoring, appointment scheduling, follow-up automation, team collaboration, analytics, and third-party integrations (including Google Calendar and Meta messaging products).
2. Eligibility and Account Registration
- You must be at least 18 years old and able to enter a binding contract.
- You must provide accurate, current, and complete information during registration, and keep it up to date.
- You are responsible for safeguarding your login credentials and for all activity that occurs under your account.
- You must notify us immediately at info@qualifybase.com if you suspect any unauthorized use of your account.
- One person or legal entity may not maintain more than one free account.
3. Subscriptions, Fees, and Payment
- QualifyBase is offered on a subscription basis. Plan tiers, included usage (messages, call minutes, seats, etc.), and pricing are displayed on our website or in the application at the time of purchase.
- Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). Usage beyond included limits may incur overage charges at the rates stated at the time of purchase.
- Fees are processed by our payment processor, Stripe, Inc. By providing payment information, you authorize us (via Stripe) to charge the applicable fees to your payment method.
- All fees are non-refundable except as required by applicable law or as expressly stated in these Terms.
- We may change our fees upon at least 30 days' prior notice. Price changes take effect at the start of your next billing cycle.
- You are responsible for all applicable taxes (VAT, sales tax, etc.) other than taxes based on Qualify Base's net income.
- If a payment fails, we may suspend the Service until the outstanding balance is paid.
4. Free Trial and Beta Features
We may offer free trials or early-access / beta features. Trial accounts convert to paid subscriptions automatically at the end of the trial unless you cancel. Beta features are provided “as is”, may be changed or discontinued at any time, and may be subject to additional terms communicated at the time of enablement.
5. Customer Data
“Customer Data” means all data that you or your users submit to the Service or that QualifyBase collects and processes on your behalf, including lead contact details, conversation messages, call audio and transcripts, uploaded files, knowledge base content, and AI agent configuration.
- Ownership. As between you and Qualify Base, you retain all right, title, and interest in and to Customer Data.
- License to Qualify Base. You grant Qualify Base a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use Customer Data solely to provide, secure, and improve the Service for you, to comply with legal obligations, and to enforce these Terms.
- No model training. We will not use Customer Data to train general foundation models or to improve AI systems for other customers.
- Your responsibility. You represent and warrant that (a) you own or have all rights necessary to upload Customer Data and to allow QualifyBase to process it; (b) you have provided all required notices and obtained all required consents from End Users (leads) to process their data, to communicate with them by the channels you enable, to record calls, to use AI agents, and to transmit their data to the sub-processors listed in the Privacy Policy; and (c) Customer Data does not infringe any third-party rights or violate applicable law.
- Export and deletion. You may export Customer Data from the dashboard at any time while your subscription is active. On termination, we will make Customer Data available for export for 30 days, after which we will delete it (subject to backup retention described in the Privacy Policy).
6. Acceptable Use
You agree not to, and not to permit any user or third party to:
- Use the Service to send spam, unsolicited marketing, bulk messages, or any communication that violates applicable anti-spam, telemarketing, or telecommunications laws (including TCPA, CAN-SPAM, GDPR, ePrivacy, LGPD, PIPEDA, etc.).
- Contact individuals who have not consented to receive messages from you, or continue contacting individuals who have opted out or requested to stop.
- Use the Service to harass, defame, threaten, or harm any person.
- Use the Service for unlawful activity, or to transmit content that is illegal, fraudulent, obscene, hateful, or infringes intellectual-property or privacy rights.
- Impersonate any person or entity or misrepresent your affiliation.
- Upload any viruses, worms, malware, or other malicious code.
- Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Service, except to the extent such restrictions are prohibited by applicable law.
- Circumvent or disable any security or access-control features of the Service.
- Scrape, crawl, or use automated means to access the Service, except via documented APIs in accordance with our rate limits.
- Violate Meta Platform Terms, WhatsApp Business Policy, Google API Services User Data Policy, Twilio Acceptable Use Policy, or any other applicable third-party policy that governs the integrations you enable.
- Use the Service to deliver unsolicited “cold call” voice campaigns, or to make calls or send messages to phone numbers on “do not call” registries, in violation of applicable law.
- Resell, sublicense, or otherwise make the Service available to any third party except to your authorized users.
We reserve the right to investigate suspected violations and to suspend or terminate your access if we reasonably believe you are violating these Acceptable Use rules.
7. AI Agent Disclosures and Compliance
You acknowledge that outputs of AI models are probabilistic and may contain inaccuracies. You are solely responsible for reviewing AI-generated content before relying on it to make medical, financial, or legal decisions, and for ensuring that your use of AI agents complies with applicable law. Where required by law or regulation, you must disclose to End Users that they are interacting with an automated system and/or that calls are being recorded. QualifyBase does not provide medical, legal, or financial advice, and AI agent responses do not constitute such advice.
8. Third-Party Services and Integrations
The Service integrates with third-party platforms including Google (Google Calendar), Meta Platforms (Facebook Pages, Messenger, Instagram, WhatsApp Business), Twilio, Stripe, ElevenLabs, Anthropic, Supabase, Render, and others. Your use of these third-party services is subject to their respective terms and privacy policies. Qualify Base does not control, and is not responsible for, third-party services. If a third party changes its terms, deprecates an API, or suspends your access, we may suspend or remove the corresponding feature from the Service without liability to you.
9. Intellectual Property
- Qualify Base and its licensors retain all right, title, and interest in and to the Service, including all software, designs, trademarks (including “QualifyBase”), documentation, and related intellectual property. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
- Feedback. If you provide feedback, suggestions, or ideas about the Service, you grant Qualify Base a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate such feedback into the Service without any obligation to you.
10. Confidentiality
Each party may have access to information of the other party that is non-public and proprietary. Each party agrees to protect the other party's confidential information with at least the same degree of care it uses to protect its own, and not to use or disclose it except as necessary to perform its obligations under these Terms or as required by law.
11. Suspension and Termination
- By you. You may cancel your subscription at any time from the dashboard or by contacting support. Cancellation takes effect at the end of the current billing period.
- By us. We may suspend or terminate your access immediately if (a) you breach these Terms, (b) you fail to pay fees when due, (c) your use of the Service exposes Qualify Base or its users to material legal, security, or reputational risk, or (d) required by law or by a third-party provider.
- Effect of termination. Upon termination, your right to access and use the Service ceases. You may export Customer Data for 30 days after termination, after which we will delete Customer Data as described in the Privacy Policy. Sections that by their nature should survive termination (including ownership, confidentiality, indemnification, disclaimers, limitation of liability, and governing law) will survive.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT AI-GENERATED OUTPUTS WILL BE ACCURATE OR APPROPRIATE FOR ANY PURPOSE, OR THAT ANY SPECIFIC MESSAGE OR CALL WILL BE DELIVERED.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Qualify Base, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Qualify Base'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO Qualify Base FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
14. Indemnification
You agree to defend, indemnify, and hold harmless Qualify Base and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your Customer Data, (c) your violation of these Terms or any applicable law, (d) your violation of any third-party right (including privacy or intellectual-property rights), or (e) any dispute between you and an End User or between you and a third-party integration provider.
15. Modifications to the Service and These Terms
We may modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms from time to time. If changes are material, we will provide notice (e.g. by email or in-app) at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Service.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
17. Export Controls and Sanctions
You represent that you are not located in, and will not use the Service from, any country subject to a comprehensive U.S. embargo, and that you are not listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export-control and sanctions laws.
18. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between you and Qualify Base.
- Severability. If any provision is found unenforceable, the remaining provisions will remain in full force.
- Waiver. Failure to enforce any provision is not a waiver of future enforcement.
- Assignment. You may not assign these Terms without our prior written consent. Qualify Base may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for delays or failures due to causes beyond its reasonable control.
- Notices. We may deliver notices to you by email to the address on file or by in-product message. You must send legal notices to us at the address below.
19. Contact
Qualify Base
16192 Coastal Highway, Lewes, Delaware 19958, United States
Email: info@qualifybase.com