Terms of Service

These Terms of Service apply to all contracts between QUALLEE AI Research UG (haftungsbeschränkt), Kollwitzstr. 76, 10435 Berlin, Germany (hereinafter "QUALLEE" or "Provider") and the Customer regarding the use of the QUALLEE Software-as-a-Service platform.

The platform is intended exclusively for business users (B2B). Consumers are excluded from using the service.

Any deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if QUALLEE has expressly agreed to their validity in writing.

QUALLEE provides the Customer with a web-based SaaS platform for AI-powered interviews and qualitative data analysis. The platform enables automated in-depth interviews, analysis of interview data, and report generation.

The specific services and features depend on the plan selected by the Customer, as described on the pricing page at quallee.ai/pricing.

QUALLEE aims for platform availability of 99.5% annually, excluding scheduled maintenance and circumstances beyond QUALLEE's control.

Registration on the platform constitutes a binding offer by the Customer to enter into a usage agreement. The contract is concluded upon activation of the Customer account by QUALLEE.

By registering, the Customer confirms that they are a business user and have read and accepted these Terms of Service.

Upgrading to a paid plan occurs through selection of the desired plan and completion of the payment process. The contract automatically renews for the selected term unless terminated in time.

QUALLEE grants the Customer a non-exclusive, non-transferable right to use the platform within the scope of the selected plan for the duration of the contract.

The Customer may only use the platform for their own business purposes. Sublicensing or sharing access credentials with third parties is not permitted unless expressly provided for in the selected plan (e.g., team accounts).

All rights to the platform, including software, algorithms, and design, remain with QUALLEE. The Customer does not acquire any rights to the software itself.

The Customer agrees to:

• Use the platform only for lawful purposes and not to process any content that violates applicable law.
• Keep their access credentials confidential and inform QUALLEE immediately if there are indications of misuse.
• Not take any measures that could impair the functionality or security of the platform.
• Use the free preview feature exclusively for testing before publication. Systematic use of the preview as a substitute for regular interviews constitutes misuse.
• Not use the platform for abusive, illegal, or harmful content (including hate speech, glorification of violence, sexual content involving minors, self-harm instructions, or illegal activities).
• Acknowledge that QUALLEE employs automated content moderation systems that review content during project creation and interview execution for policy violations. Flagged content may prevent publication or result in account suspension. The legal basis for this processing is Art. 6(1)(f) GDPR (legitimate interest in fraud prevention and platform security, cf. Recital 47 GDPR).
• Acknowledge that in cases of suspected severe violations, an internal review team has access to encrypted flagged content to verify automated system decisions. This data is stored encrypted pursuant to Art. 32 GDPR (AES-256-GCM) and automatically deleted after 90 days unless ongoing proceedings exist.
• Acknowledge that QUALLEE may transmit personal data to law enforcement authorities when legally obligated to do so (e.g., court order, prosecutorial request). The legal basis for this is Art. 6(1)(c) GDPR (legal obligation). No voluntary disclosure occurs without legal obligation.

In case of violations of these obligations, QUALLEE is entitled to temporarily suspend access to the platform or terminate the contract with immediate effect.

QUALLEE uses artificial intelligence (AI) to conduct interviews and analyze data. The AI models are provided by third-party providers (particularly Anthropic and OpenAI).

AI-generated analyses, assessments, and recommendations serve solely as decision support. They do not replace human evaluation or expert advice. The Customer is responsible for final decisions based on AI outputs.

QUALLEE does not guarantee the accuracy, completeness, or suitability of AI-generated content for any particular purpose. The quality of results depends on the quality of input data.

User data is not used for training AI models unless the Customer expressly consents.

QUALLEE will inform the Customer of significant changes to the AI models used if they substantially affect the functionality of the platform.

QUALLEE processes personal data exclusively in accordance with the General Data Protection Regulation (GDPR) and applicable data protection laws.

Details on data processing are set out in our Privacy Policy: Privacy Policy.

If the Customer processes personal data of third parties through the platform, the parties shall conclude a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR.

By using the platform, the Customer accepts the Data Processing Agreement at Data Processing Agreement.

QUALLEE shall be liable without limitation for damages caused intentionally or through gross negligence, as well as for damages resulting from injury to life, body, or health.

For damages caused by slight negligence, QUALLEE shall only be liable in case of breach of material contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable, contract-typical damage.

QUALLEE shall not be liable for damages arising from the use of AI-generated content if the Customer has not adequately verified the results. Liability for indirect damages and lost profits is excluded.

The above limitations of liability also apply in favor of QUALLEE's vicarious agents.

QUALLEE warrants that the platform substantially corresponds to the functions described in the service description. Insignificant deviations do not constitute a defect.

QUALLEE provides no warranty for AI-generated results regarding accuracy, completeness, or suitability for a particular purpose.

The Customer must report defects immediately upon discovery. QUALLEE will remedy reported defects within a reasonable period.

The contract for use of a paid plan runs for the selected billing period (monthly or annually) and automatically renews for the same period unless terminated. After subscribing, the Customer will be automatically charged until they cancel.

Termination is possible at any time effective at the end of the current billing period. It can be made via the customer portal, the Stripe customer portal, or by email to support@quallee.ai. After cancellation, the Customer retains access to their plan until the end of the current billing period.

The right to extraordinary termination for good cause remains unaffected.

After contract termination, the Customer's data will be deleted after a transition period of 30 days, unless statutory retention obligations exist.

Current prices are available on the pricing page at quallee.ai/pricing. All prices are exclusive of applicable VAT.

Payment is made in advance by credit card or other offered payment methods. For annual payments, the full amount is due at the start of the term.

QUALLEE is entitled to adjust prices with 30 days notice effective at the start of a new billing period. The Customer has a special right of termination in this case.

Payments for QUALLEE subscriptions are generally non-refundable. This applies to all available pricing plans – both annual and monthly.

In exceptional cases, particularly for demonstrable errors or bugs in the product, a refund may be requested. The Customer contacts our support team at support@quallee.ai with a detailed description of the problem. After review by our team and, if necessary, a demo call for verification, a decision will be made on eligibility. Approved refunds will be processed within 5–10 business days via the original payment method.

In case of billing errors or unauthorized charges, our support team should be contacted immediately. We review all billing disputes promptly.

QUALLEE is entitled to change these Terms of Service with four weeks notice. Changes will be communicated to the Customer by email.

If the Customer does not object to the changes within four weeks of receipt of the notification, the amended terms shall be deemed accepted. This legal consequence will be pointed out in the change notification.

QUALLEE offers an intermediary service for the recruitment of interview participants via the platform. Recruitment is carried out by the external service provider TestingTime AG (hereinafter \"TestingTime\"). QUALLEE acts exclusively as an intermediary and does not provide recruitment services itself.

By placing a recruitment order via the platform, the Customer consents to the transfer of their contact data (name, email address, phone number) to TestingTime. This transfer is necessary for TestingTime to contact the Customer as the client, in particular for queries regarding target group definition, scheduling, and status updates.

QUALLEE makes no warranty for the quality, availability, timeliness, or suitability of participants recruited by TestingTime. Claims arising from the recruitment service are to be directed exclusively against TestingTime in accordance with their own terms and conditions.

Remuneration for the recruitment service is handled through the QUALLEE credit system. Credits are deducted when the order is placed. A refund of credits is only provided if TestingTime is unable to provide the agreed number of participants within a reasonable timeframe.

Credits do not constitute a means of payment, electronic money, or any other financial instrument. They are intended exclusively for the use of services within the QUALLEE platform. Credits are not transferable to other users or third parties, are not redeemable for cash, and cannot be exchanged for monetary or other consideration. The value of a credit is determined by the respective credit package purchased, in accordance with the price list valid at the time of purchase. Purchased credits expire 12 months after the date of purchase unless redeemed beforehand.

Incentives for interview participants are managed and paid out by TestingTime. QUALLEE has no influence on the amount or payment terms of incentives.

Details on data sharing in the context of recruitment are set out in the Privacy Policy at quallee.ai/privacy.

1. Service Availability

(1) The Provider delivers the contractually agreed services within the scope of technical and operational capabilities.

(2) A specific uninterrupted availability is not guaranteed unless a Service Level Agreement (SLA) has been expressly agreed upon.

(3) The Provider is entitled to temporarily interrupt or restrict services where technically, security-related, or operationally necessary (e.g., maintenance, updates, security measures).

2. Dependency on Third-Party Providers

(1) Services may rely in whole or in part on third-party services, in particular AI models, API interfaces, hosting providers, cloud infrastructure, payment service providers, or recruitment platforms.

(2) The Provider makes no warranty for the continuous availability, performance, or immutability of such third-party services.

(3) Disruptions, restrictions, or changes to third-party services do not constitute a breach of duty attributable to the Provider, provided the Provider has not caused them intentionally or through gross negligence.

3. AI-Specific Limitations

(1) AI-based functions may vary or be restricted due to technical developments, model updates, regulatory requirements, or API changes.

(2) The Provider does not guarantee any specific commercial or substantive success of AI-generated results.

(3) Content, analyses, or evaluations do not constitute guaranteed professional, legal, or commercial advice.

4. Service Disruptions and Duty to Cooperate

(1) The Customer is obligated to report identifiable disruptions immediately and to cooperate in error analysis.

(2) The Provider will review and remedy reported disruptions within operational capabilities in a timely manner.

5. Legal Consequences for Temporary Disruptions

(1) For merely temporary, technically unavoidable, or third-party-caused disruptions, there is no entitlement to damages or reduction, provided the disruption does not last longer than a reasonable period.

(2) If a material service disruption not attributable to the Customer persists continuously for more than 14 calendar days, the Customer is entitled to terminate the contract for cause.

(3) In the event of a justified extraordinary termination, a pro-rata refund for the unused service period shall be provided.

6. Force Majeure

(1) Events of force majeure release the Provider from the obligation to perform for their duration.

(2) Force majeure includes in particular natural disasters, government orders, war, strikes, pandemics, large-scale internet outages, or failures of central infrastructure beyond the Provider's control.

(3) If an event of force majeure lasts longer than 30 days, both parties are entitled to terminate the contract for cause. A pro-rata refund shall be provided for services not rendered.

7. Limitation of Liability

(1) The Provider is liable for slight negligence only in the event of a breach of material contractual obligations (cardinal obligations), limited to the typically foreseeable damage.

(2) Liability is limited in amount to the remuneration actually paid in the 12 months preceding the event giving rise to the damage.

(3) The limitation of liability does not apply in cases of intent, gross negligence, or injury to life, body, or health.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, provided the Customer is a merchant, legal entity under public law, or special fund under public law.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.