Terms of Service

Last Updated: July 4, 2025


1. INTRODUCTION AND DEFINITIONS



1.1 Agreement to Terms

Welcome, and thank you for using QualifyHQ services. These Terms and Conditions ("Terms") constitute a legally binding agreement between you and MB Su ideja ("Company," "we," "our," or "us") governing your access to and use of the QualifyHQ website, application, and services (collectively, the "Service"). Before using any feature of the Services, please take your time to thoroughly read and understand the following Terms.

BY ACCESSING OR USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AND RELY ON ANY CONTENT OBTAINED THROUGH THE SERVICE AT YOUR OWN RISK.


1.2 Definitions


In these Terms:

• "Service" refers to QualifyHQ, a software-as-a-service (SaaS) platform that uses artificial intelligence to analyze and identify companies that match specified criteria, including but not limited .

• "User", "you", and "your" refers to the individual or entity accessing or using the Service.

• “Account Administrator” or “Administrator” refers to the individual designated by an organization, company, or other legal entity who registers the primary account on behalf of the entity. The Administrator has full control over the account, including the authority to create, manage, and terminate sub-accounts, configure access permissions, and act on behalf of the entity in all matters relating to the Service. 

• "Content" refers to all information, data, text, files, and other materials submitted, uploaded, or otherwise made available to or through the Service by you or on your behalf.

• "Credits" refer to the units of usage allocated to your account in accordance with your selected subscription plan. Credits are required to access certain features or perform specific actions within the Service.

• "Verified Match" refers to a company identified by our Service as matching your specified criteria.

• "Poor-Quality Match" refers to a Verified Match that substantially fails to meet the criteria specified by you, as determined solely at our discretion.

• "Verification Evidence" refers to the information collected and provided by the Service to substantiate why a company is considered a match.


1.3 Eligibility

By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years of age.

• You have the legal capacity to enter into these Terms.

• You will use the Service solely for internal business purposes.

• If you are using the Service on behalf of an entity, you have the authority to bind that entity to these Terms, and in that case, “you” and “your” will refer to that entity.

• Your use of the Service does not violate any applicable law or regulation.


2. ACCOUNT MANAGEMENT

2.1 Registration Requirements


To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.     
We reserve the right to suspend, restrict or terminate your account and access to the Service, if: 

• any information provided during the registration process or thereafter is found to be inaccurate, false, or misleading;

• we reasonably believe that you have violated, or are likely to violate, these Terms or any applicable laws or regulations;

• your use of Service poses a security risk, disrupts the normal operation of the platform, or harms other users or third parties.

2.2 Account Security

You are solely responsible for all activities that occur under your account, including but not limited to:

• Maintaining the confidentiality and security of your account credentials (e.g. username and passwords, access tokens, or other authentication details provided to you).

• Restricting access to your computer, mobile device or other device(s) to prevent unauthorized account access.

• Ensuring that your account is used only by you or by individuals properly authorized by you.

• Promptly updating your login credentials if you believe that it has been lost, stolen, or otherwise compromised. If you become aware of or suspect any unauthorized access to your account or any other breach of security, you must immediately notify us. 

You further agree that you will not:

• Attempt to gain unauthorized access to other users accounts, systems, or networks connected to the Service;

• Probe, scan, test, or bypass the security or authentication mechanisms of the Service or any related systems;

• Interfere with or disrupt the integrity, availability, or performance of the Service or any data processed by it. 

We are not liable for any loss, damage, or unauthorized activity arising from your failure to comply with your account security obligations.

2.3 Administrator and Sub-Accounts

If you register for the Service on behalf of an organization, company or other legal entity:

• The designated Account Administrator has full control over the account, including the authority to create, manage and delete sub-accounts.

• The Administrator is responsible for ensuring that all authorized users, including sub-account holders, comply with these Terms.

• All actions taken by sub-account users are deemed to be authorized actions taken by the Administrator.

• The Administrator is responsible for managing access, permissions, and termination of sub-account users as needed.

3. SERVICE DESCRIPTION

3.1 AI-Powered Company Matching

QualifyHQ is a software-as-a-service (SaaS) platform that provides AI-powered tools to analyze data and identify companies that match criteria specified by you.

Currently, the core functionalities of the Service may include, but are not limited to

• The processing of custom criteria and business attributes relevant to company qualification;           

• The analysis of multiple data points (e.g. company URLs) submitted by you.

• The identification of companies that are likely to match your specified criteria based on AI-driven algorithmic analysis.

• The generation of supporting information referred to as Verification Evidence, which consists of excerpts and references derived from publicly available sources (such as websites, job listings, social media, and other public information) and is intended to explain or justify why a given company was algorithmically identified as a potential match.

As the platform evolves, we may introduce additional features or expand existing ones, in line with the Service’s purpose of improving company identification and qualification workflows. While we aim to maintain uninterrupted access, we do not guarantee that the Service will be free from outages, disruptions, or changes. In some cases, such changes may result in the loss or unavailability of your content. We are not liable for any such interruptions.

3.2 Use of Verification Evidence

YOU ACKNOWLEDGE AND AGREE THAT:

• You may use Verification Evidence solely for internal business purposes, such as evaluating the relevance of a Verified Match, personalizing outreach or communication efforts, and informing internal research, sales planning, or qualification workflows. 

• You may not share or distribute Verification Evidence to third parties for commercial or resale purposes, use it in any way that infringes on the intellectual property or privacy rights of others, present Verification Evidence as comprehensive, definitive, or fully authoritative, and use it for any unlawful, misleading, or unauthorized activities.

• You are solely responsible for any business decisions made based on Verification Evidence. 

3.3. Limitations of Accuracy

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• The Service relies on publicly available and third-party information, including but not limited to data obtained through web scraping, which may be incomplete, inaccurate, or outdated.

• The artificial intelligence and algorithms used by the Service are inherently limited and may produce errors or omissions.

• The Service may not identify all companies that match your criteria.

• The Service may identify companies that do not actually match your criteria, despite our verification processes.

• We make no guarantees regarding the accuracy, completeness, or reliability of any information provided through the Service. You must independently verify the accuracy and relevance of the information before relying on it. 

3.3 No Guarantees of Results

WE DO NOT GUARANTEE:

• That the Service will identify any specific number of companies that match your criteria.
  The quality, suitability, relevance or appropriateness of any identified company for your business needs and purposes.

• The success or viability of any business relationships, partnerships, or engagements initiated through the use of the Services     .

• That the Verification Evidence provided will be comprehensive or fully accurate.

4. SUBSCRIPTION AND CREDIT SYSTEM

4.1 Subscription Plans

• We offer various subscription plans, each providing a specific number of Credits for use within the Service.

• The details of each plan, including current pricing, credit allocations, billing frequency, and available features are described on our Pricing Page, which is hereby incorporated into these Terms by reference and forms a binding part of your agreement with us.

• By subscribing to a paid plan, you agree to the applicable fees and usage terms as displayed on the Pricing Page at the time of your subscription or renewal.

• Credits are automatically renewed at the beginning of each billing cycle unless you cancel your subscription in accordance with Section 13 of these Terms (Termination and Suspension).

• We reserve the right to modify subscription plans or pricing at any time.

4.2 Credit Allocation and Consumption

• Credits are deducted when you use specific features of the Service, including but not limited to the generation of Verified Matches.

• The rate of Credit consumption may vary depending on the feature used and may be changed over time at our discretion.

• You are solely responsible for monitoring your Credit balance and usage.

• Once consumed, Credits are non-refundable, except as expressly stated in these Terms.

4.3 Credit Expiration

• Unless otherwise specified in your subscription plan, unused Credits expire at the end of each billing cycle.

• Expired Credits have no monetary value and cannot be used, transferred, or refunded.

• We may, at our sole discretion, extend the expiration period of Credits or offer rollover Credits as part of specific subscription plans, promotions, or custom agreements.

4.4 Poor-Quality Matches and Refunds

• You may request a refund of Credits consumed for a Poor-Quality Match within 7 (seven) days of receiving the match.

• The determination of whether a match qualifies as a Poor-Quality Match is made solely at our discretion.

• If we determine that a match qualifies as a Poor-Quality Match, we may, at our sole discretion, refund the Credits consumed for that match.

• Refunded Credits are your sole and exclusive remedy for Poor-Quality Matches. No monetary refunds will be issued unless otherwise required by law.

5. USER RESPONSIBILITIES

By using the Service, you agree to use it only for lawful, authorized, and intended purposes. You further agree not to engage in any of the following prohibited actions:

• Submitting false or misleading information: You shall not submit data, URLs, reference companies, or other input that you know to be false, inaccurate, or misleading. Submitting incorrect or fraudulent information, whether intentionally or negligently, may result in termination of your access to the Services and may carry legal consequences.

• Unauthorized data processing: You must not submit or attempt to process personal data for which you do not have the appropriate legal basis or authority. You are solely responsible for ensuring that you have all necessary rights, authorizations, and legal bases to submit data to the Service and to process it while using our Services;

• Unauthorized use of our intellectual property: you must not use, copy, reproduce, modify, distribute, republish, display, transmit, reverse-engineer, decompile, disassemble, extract, or otherwise exploit any part of the Service, including, but not limited to its software, source code, algorithms, data models, documentation, interface, design, analysis logic, branding, or outputs, in any way that infringes or misappropriates our intellectual property rights. This includes, without limitation, using the Service or its outputs to develop, train, or support a competing product or service; to replicate or extract protected logic or structures; or to otherwise violate applicable intellectual property or unfair competition laws;

• Competitive use or product development: You shall not use the Service, or any information, data or insights obtained through it, for the purpose of developing, marketing, funding, or supporting a product, service, or platform that directly or indirectly competes with any current or future offering of MB “Su idėja”. Any attempt to derive commercial advantage by replicating or building upon the functionality, workflows, or output logic of the Service shall be deemed a material breach of these Terms and may result in legal action against you. 

6. PRIVACY AND DATA PROTECTION

6.1 Data Processing 

• We operate as a data processor under the General Data Protection Regulation (GDPR) and other applicable data protection laws. You, as the User, act as the data controller with respect to any personal data submitted to or processed through the Service.

• As the data controller, you are solely responsible for ensuring that any personal data submitted to the Service is accurate, lawful, and provided with all necessary rights, permissions, and legal bases. This includes ensuring that such processing complies with your intended purposes and with all applicable data protection laws and regulations. You are also responsible for providing all required notices to, and obtaining any necessary consents from data subjects as required by law. 

• The parties agree to comply with the terms of the Data Processing Agreement (“DPA”), which is hereby incorporated by reference into these Terms. The DPA governs the rights and obligations of both parties with respect to the processing of personal data in connection with the Service. 

• Please carefully review our Privacy Policy for detailed information regarding the collection, use, storage, and disclosure of your personal information. The Privacy Policy is hereby incorporated by reference into these Terms and forms an integral part of this agreement. 

6.2. Use of Third-Party AI Services

• To provide certain core functionalities, the Service utilizes third-party artificial intelligence services (including but not limited to OpenAI and Anthropic) to process data you submit.

• Specifically, we may share the following typer of data with these service providers:

  • URLs and reference company information you submit

  • Search criteria, filters, or matching parameters you specify

  • Non-personal business data extracted from public sources

• We do NOT share your account information, payment details, or usage patterns with these AI service providers.

• These third-party service providers process data solely for the purpose of delivering the requested Service functionality and do not retain, store or use your input data for AI model training beyond the processing necessary to fulfill your requests. We maintain appropriate contractual safeguards to ensure confidentiality and restrict further use. 

• All data transmitted to these service providers is processed in these providers' data centers using appropriate industry-standard technical safeguards, including but not limited to encryption in transit and at rest.

• By using the Service, you acknowledge and consent to the processing of your data by these third-party AI providers. These providers may act as subprocessors under our DPA. For detailed information about our providers' data protection practices, we can provide links to their respective privacy policies upon your request.

• Any outputs generated by these AI services (such as Verified Matches or related insights) are provided “as is”. We do not guarantee the accuracy, completeness, or suitability of these outputs for your specific business needs. You are solely responsible for evaluating and verifying any information before relying on it. 

• We reserve the right to update or replace our third-party providers as necessary. 

7. DATA COLLECTION AND SOURCES

7.1 Data Collection and Publicly Available Information

• The Service utilizes information from publicly available sources to support its core functionality of company identification and matching. These sources may include, but are not limited to, company websites, business directories, job boards, and other professional or open-access repositories.

• Our data acquisition and processing activities are governed by the following principles:

  • We only process publicly available information that does not require authentication, paywalls, or circumvention of access controls 

  • We respect technical and legal limitations regarding data access and usage

  • We do not process information that is explicitly marked as proprietary or confidential

  • Our systems are designed to access information in a responsible manner that minimizes burden on source websites

  • We maintain appropriate technical measures to ensure ethical data processing

• We may temporarily cache and/or store collected information to improve Service performance, reduce redundant processing, and enhance user experience

• We promptly honor legitimate and verifiable requests from data subjects or authorized parties to remove specific information from our systems, subject to applicable law

• We continuously monitor legal developments regarding public information usage and adjust our practices to remain compliant with current laws, industry standards, and ethical best practices.

7.2 Information Presentation and Business Intelligence

• Information provided through the Service is presented solely for informational purposes and constitutes general business intelligence derived from the aggregation and synthesis of publicly accessible sources.
  

• Such information is presented as professional insights to assist with business-related activities such as sales prospecting, market research, and business development, and is not intended to serve as a substitute for your own due diligence or professional advice. 

• The Service does not attribute individual data points to particular third-party platform or sources, nor do we make any representation or warranty regarding the origin, completeness, or reliability of such information.

• You acknowledge that any decisions made or actions taken based on the information provided by the Service are done at your own discretion and risk.

7.3 Source Reliability Disclaimer

YOU ACKNOWLEDGE THAT:

• The Service derives its content, in whole or in part, from third-party data sources and publicly available information that are not owned, operated, or controlled by us.

• As a result, we do not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any information obtained from these sources.

• Information about companies or other entities may become outdated, inaccurate, or otherwise modified after it has been accessed or processed by the Service.

• You are solely responsible for independently verifying the relevance, accuracy, and applicability of any information provided by the Service before relying on it for any business or operational decisions.

8. INTELLECTUAL PROPERTY

8.1 Ownership and Protection of Service

• Unless expressly stated otherwise, and except for third-party content or licensed components, all Intellectual Property contained within or made available through the Service, including but not limited to all software, source code, algorithms, models, databases, analytical logic, website functionality, branding, designs, text, graphics and any other proprietary materials developed by the Company, is the sole and exclusive property of MB “Su idėja” and is protected by applicable copyright, trademark, trade secret, and other intellectual property laws.

• Such materials are protected by international and national copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. 

• Any reproduction, redistribution, publication, reverse engineering, sale, sublicensing, or commercial exploitation of the Service or its content, in whole or in part, without our prior written consent, is strictly prohibited. You may not, without our prior express written consent:

  • Copy, modify, distribute, display, perform, publish, transmit, sublicense, sell, or otherwise exploit any portion of the Service or its content;

  • Decompile, reverse engineer, disassemble, extract, or otherwise attempt to derive the source code or underlying structure of the Service or any part thereof;

  • Use the Service or any of its outputs to build, train, benchmark, or enhance any competing product or service. 

• In the event of unauthorized use, reproduction, or exploitation of any part of the Service or its content in breach of this Section, including, but not limited to use for commercial purposes, training competing models, or reverse engineering, we reserve the right to seek appropriate legal remedies, including injunctive relief and monetary damages. 

8.2 User Input and Limited License

• You retain all rights to the original data you submit to the Service (such as company information or specific matching criteria), provided that you have lawful authority, rights, and consents to use such data. 

• By using the Service, you grant MB “Su idėja“ a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process your submitted content solely as necessary to provide, maintain, and improve the Service. 

• You acknowledge that we retain exclusive ownership of all technology, algorithms, systems, processes and intellectual property used to generate Verified Matches and Verification Evidence, or any other analytical outputs, even when derived in part from your inputs.

8.3 Feedback

If you decide to provide suggestions, comments, or other feedback about the Service, you agree that:

• We may use, disclose, reproduce, license, and otherwise exploit such feedback without any restriction or obligation to compensate you.

• You hereby irrevocably assign to MB “Su idėja” all right, title, and interest in and to the feedback, including all related intellectual property rights.

• You acknowledge that feedback is non-confidential and shall not impose any duty of trust or confidentiality on MB “Su idėja”.

9. ACCEPTABLE USE

9.1 Prohibited Activities

You agree to use the Service only in accordance with these Terms and all applicable laws. Without limiting the generality of the foregoing, you shall not, directly or indirectly:

• Use the Service for any unlawful, fraudulent, or unauthorized purpose, or in violation of any applicable national or international laws and regulations.
  

• Attempt to gain unauthorized access to the Service, its related systems, infrastructure or networks, or access the accounts, data, or information of other users.
  

• Probe, scan, test, or breach the security or authentication mechanisms of the Service or any connected systems.
  

• Interfere with, disrupt, or negatively impact the availability, performance, integrity or functionality of the Service or any associated data.

• Reverse engineer, decompile, disassemble, copy or otherwise attempt to derive or replicate any part of the Service, including its source code, models, algorithms, design, structure, or workflows.

• Use the Service or its outputs to build, support, train, or enhance a competing product or service, or for purposes of benchmarking or comparative analysis without our prior written consent;

• Circumvent or disable rate limits, access controls, monitoring tools, or other technical or usage restrictions imposed by the Service.

• Use the Service to collect, process or use personal information about individuals or sensitive data in a manner that violates applicable data protection laws or is unrelated to legitimate business prospecting.

• Generate, upload, or distribute any spam, malware, phishing content, or other unsolicited commercial electronic messages through the Service.

• Use the Service in any manner that causes damage to, or otherwise harms, disables, overburdens, or impairs the Service, our reputation, or that of other users, partners, or third-parties.

9.2 Rate Limitations

• We may impose rate limits or usage restrictions to maintain the performance, stability and fair access of the Service.

• You may not attempt to evade, bypass or manipulate these rate limits by any technical or manual means, including but not limited to the use of multiple accounts, proxy servers, or altered request headers. Any such prohibited conduct may result in the immediate suspension or termination of your account, at our sole discretion.

• We reserve the right to modify, enforce, or remove rate limits at our discretion, at any time and without prior notice.

9.3 Consequences of Misuse

• Violation of this Acceptable Use policy constitutes a material breach of these Terms and may result in any of the following actions, which we may take with or without notice and in our sole discretion:

  • Immediate suspension or permanent termination of your access to the Service

  • Deactivation of your account and deletion of associated data

  • Forfeiture of unused Credits or service entitlements

  • Investigation and reporting to appropriate law enforcement authorities 

  • Pursuit of legal remedies, including injunctive relief, damages, and recovery of legal fees

• We reserve the right to investigate any suspected breach and take any action we deem appropriate to enforce these Terms.

9.4 User Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors and service providers from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) that arise from or relate to:

• Your violation of these Terms or any applicable law or regulation.

• Your misuse, abuse, or unauthorized use of the Service or its outputs.

• Your infringement or misappropriations of any third-party rights, including intellectual property, data privacy, or publicity rights.

• Any activity conducted through your account, whether authorized by you or not.

• Any claims or allegations arising out of or related to your use of the Service or any content, data, information, or outputs obtained through the Service, including but not limited to alleged violations of any third-party terms of service, user agreements, platform policies, or contractual obligations.

• Any claims, disputes, or liabilities resulting from your use, dissemination, or reliance on Verified Matches or Verification Evidence, including but not limited to use in connection with outreach, marketing, lead generation, sales engagements, business development, or any other commercial or operational activities.

10. LIMITATION OF LIABILITY

10.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL RELATED CONTENT, FEATURES, AND FUNCTIONALITY ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GURANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT:

• THE SERVICE WILL OPERATE UNINTERRUPTED, OR BE FREE FROM ERRORS, DEFECTS, OR DOWNTIME.

• THE SERVICE WILL BE SECURE, TIMELY, OR COMPATIBLE WITH YOUR SYSTEMS.

• THE RESULTS OR OUTPUTS GENERATED BY THE SERVICE (INCLUDING BUT NOT LIMITED TO VERIFIED MATCHES OR VERIFICATION EVIDENCE) WILL BE ACCURATE, RELIABLE, COMPLETE, OR FIT FOR ANY PARTICULAR PURPOSE.

• ANY ERRORS, BUGS, OR OMISSIONS IN THE SERVICE WILL BE DETECTED OR CORRECTED.

• THE SERVICE OR ITS CONTENT WILL MEET YOUR EXPECTATIONS, OBJECTIVES, OR BUSINESS OUTCOMES.

• ANY INFORMATION OR INSIGHTS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR FREE OF THIRD-PARTY INTERFERENCE.

YOU ASSUME FULL RESPONSIBILITY FOR YOUR RELIANCE ON THE SERVICE, INCLUDING FOR ANY DECISIONS OR ACTIONS TAKEN BASED ON ITS OUTPUTS.

10.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICE.

• ANY INTERRUPTION, SUSPENSION, MODIFICATION, OR TERMINATION OF THE SERVICE;

• ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE DATA OR RESULTS PROVIDED;

• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

• ANY THIRD-PARTY CONTENT, STATEMENTS OR CONDUCT THROUGH THE SERVICE.

• ANY ACTIONS WE TAKE (OR FAIL TO TAKE) RELATED TO THE COMMUNICATIONS YOU SEND TO US.

• ANY BUSINESS DECISIONS, ACTIONS, OR INACTIONS BASED ON THE USE OF THE SERVICE OR INFORMATION PROVIDED BY THE SERVICE.

• ANY OTHER MATTER ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU, FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

10.3 Exclusion of Certain Damages

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.4 Business Decisions Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You are solely responsible for any business decisions made based on information provided by the Service.

• We are not liable for any losses, damages, or other consequences resulting from your reliance on information provided by the Service.

• The Service is provided as as general business tool and should not be relied upon as the basis for any strategic, financial, legal, or commercial decision without independent verification. 

10.5 Integration Disclaimer

WE DISCLAIM ALL LIABILITY FOR:

• Any integration, configuration, or interoperability issues between the service and third-party platforms, tools, or systems

• Loss of data, functionality, or performance resulting from such integrations
  Security breaches, unauthorized access, or system failures caused by external systems or interfaces

• Any interruption or disruption to your business operations due to integration-related faults

11. PAYMENT TERMS

11.1 Pricing and Billing

• Subscription fees are billed in advance according to the billing cycle and terms associated with your subscription plan, as detailed on our Pricing Page.

• All fees are non-refundable except as expressly provided in these Terms.

• We reserve the right to change our pricing and subscription details at any time. For active subscriptions, such changes will take effect only after providing you with at least 30 days’ prior written notice, unless otherwise required by law. 

11.2 Payment Processing

• Payments processing services are provided by independent third-party payment processors (e.g. Stripe, PayPal, etc.). By using the Service, you acknowledge and agree that:

  • You are subject to the applicable terms, conditions, and privacy policies of the payment processor, over which we have no control

  • We do not own, operate, or control these processors and are not responsible for any errors, service interruptions, delays, chargebacks, or other issues arising from their services

  • Your interactions with such providers are solely between you and them, and any disputes or issues must be resolved directly with the payment processor

• You must provide accurate and complete billing and payment information, and update it promptly if there are any changes.

• You authorize us (and/or our third-party processors) to charge your designated payment method for all fees incurred under your account, including recurring charges unless or until you cancel it in accordance with these Terms.

11.3 Failed Payments

• If a payment fails, we may:

  • Retry the transaction or suspend or limit access to the Service until payment is successfully received

  • Apply late fees, interest, or penalties on overdue balances, to the maximum extent permitted by applicable law

  • Terminate your account in the event of persistent or unresolved non-payment.

• You are solely responsible for all costs associated with collecting overdue payments.

11.4 Refund Policy

• Refunds are granted solely at our discretion, unless otherwise required by law or as specifically provided under these Terms (e.g., for Credits used on Poor-Quality Matches as described in Section 4.4).

• You must submit any refund request within 7 calendar days of the transaction in question.

• If a refund is approved, we will determine at our sole discretion whether it will be issued as account Credits or a monetary refund

12. TERMINATION AND SUSPENSION

12.1 Termination by You

• You may terminate your account at any time by following the instructions provided in your account settings or by contacting us by email info@qualifyhq.com.

• In all cases, termination will not result in any refund, credit, or proration of previously paid fees.

• Upon termination, all remaining and unused Credits will be automatically forfeited and will have no cash or exchange value

12.2 Termination by Us

We reserve the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, if:

• You breach or violate any provisions of these Terms. 

• Your payment is overdue and remains unpaid after a reminder.

• Your use of the Service poses a security risk, legal exposure, or harm to us, other users, or third-parties.

• We are required to terminate your account by law, regulation, or a governmental authority.

Upon termination:

• Your right to use the Service will be immediately revoked. All access to your account and related data will cease.

• Any remaining Credits will be permanently forfeited.

• All provisions of these Terms which by their nature are intended to remain in force following the termination or expiration of this Agreement (including but not limited to the provisions concerning intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and payment obligations) shall continue to apply and remain legally binding on the parties.

12.3 Data Retention After Termination

• Following termination or account deactivation, we may retain your data as necessary to:

  • Comply with applicable legal or regulatory obligations.

  • Investigate or resolve disputes.

  • Enforce our contractual rights.

  • Protect our legal rights and legitimate business interests.

• We are not obligated to maintain, export or provide any access your data after termination, unless required to do so by applicable law.

13. GENERAL LEGAL PROVISIONS

13.1 Governing Law

These Terms shall be governed by, interpreted and enforced in accordance with the laws of the Republic of Lithuania, without regard to any conflict of law provisions that would require the application of the laws of another jurisdiction. No failure or delay by us in exercising  any right or provision under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise of that or any other right.

13.2 Dispute Resolution

• Any dispute or claim arising from or relating to these Terms shall be resolved exclusively through binding arbitration in accordance with the Rules of Arbitration of the Vilnius Court of Commercial Arbitration.

• The arbitration shall take place in Vilnius, Lithuania, and shall be conducted in English.

• The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to these Terms, including the scope, enforceability, or validity of this arbitration provision.

• You agree to waive any right to bring a class action lawsuit or class arbitration.

13.3 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including but not limited to, electronic, communication, or mechanical failures, acts of god, terrorist acts, civil unrest, war, government actions, pandemics, or other force majeure events.

13.4 Assignment

• You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent.

• We may freely assign or transfer these Terms without restriction.

• Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

13.5 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

13.6 Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

13.7 Contact Information

If you have any questions about these Terms, please contact us:

• By email: info@qualifyhq.com

• By visiting this page on our website: https://qualifyhq.com

• By postal address: MB Su ideja K. Baršausko g. 59 Kaunas, 51423 Kauno m. sav. Lithuania