Terms of Use

The provisions of Qualia Analytics together refer to any products and services. This Terms of Use (Terms) aims to communicate these provisions and describe how you may access and use them.

Please note that extra Terms may be applicable to our agreement and when specified in writing, such as with an originally proposed scope of delivery, or as agreed upon in any other written communication.

Additionally, your agreement of these Terms is indicated by either executing the documents that reference them or by direct use of the Services. Note that Use of Services on behalf of another organization implies that you agree to these Terms, and you represent that you have the authority to do so. In such case, ‘you’ and ‘your’ will refer to that organization.

Certain country-specific terms in Section 14.2 may apply to you if you are located outside the United States. If you operate as a “data controller” within the EU, Section 15 of these Terms are applicable to you.

1. Fees and Payments

1.1. Fees for Services. You agree to pay any fees for Products and Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Product Service. Where applicable, you will be invoiced with the billing method you specify. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

1.2. Taxes. Unless otherwise stated, you are responsible for any taxes or duties associated with sales of Products and Services, including any related penalties or interest (collectively, “Taxes”). That is, you will be paying for Products and Services without reduction for Taxes. Taxes will be invoiced unless the following exceptions apply because you provide:

1. Valid tax exemption certificate authorised by the appropriate taxing authority or other documentation providing evidence that no tax should be charged.

2. VAT number issued by a tax authority in the EU and are located in a different EU member state from Qualia Analytics Ireland. If are required by law to withhold any Taxes from your payments, you should provide an official tax receipt or other appropriate documentation.

1.3. Price Changes. Fees are subject to change for Products and Services at any time, provided that the change becomes effective at the start of a new billing cycle.

Unless specified otherwise in your contract with Qualia, an annual inflation price increase will be applied using the Bureau of Labor Statistics inflation rate (January to January) from the previously completed year. (For example, contracts starting in March 2025 will use the January 2024 inflation rate.)

For any other changes, we will endeavor to provide you with reasonable prior written notice to give you an opportunity to account for the adjustment.

1.4. Late payments. Fees will apply to late payments for Produces or Services we have provided but have not yet received payment for by the agreed deadline. Unless specified otherwise in contracts with Qualia, a flat compensation fee of EUR 40 (or equivalent) will be added to each invoice paid late. Additionally, each invoice is subject to a default global statutory interest rate (10%), except where contracts are covered by the laws chosen by the parties involved. If no specific choice was made when you signed the contract, the late payment rules are governed by US laws. Finally, if costs have been incurred in recovering your debt, additional reasonable compensation will be claimed (i.e. administrative costs, debt collection fees or costs to instruct a lawyer).

1.5. Overage Fees. If a given Product or Service is subject to overage fees, we will inform you ahead of time to ensure you are aware that such fees may apply and which conditions these fees would be applied.

Unless otherwise stated, overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. In the case where overage fees have been charged, failure to pay when due may result in the applicable Product or Service being limited, suspended or terminated (subject to applicable legal requirements), which may result in a loss of functionality associated with that Product or Service. However, any data associated with applicable services will not be removed.

2. Privacy

2.1. Privacy. In the course of using our Products or Services, you may submit content to representatives of Qualia Analytics (including your personal data and the personal data of others) or third parties may submit content (your “Content”) to you through the Products or Services we provide for you.

We know that you are trusting us to treat your Content appropriately. As such, Qualia Analytics’ Privacy Policy together with any data use policies, privacy statements and privacy notices (collectively, “privacy policies”), detail how we treat your Content and personal data, and we agree to adhere to those privacy policies.

You acknowledge that if you operate as a “data controller”, as defined under the European General Data Protection Regulation 2016/679 (known by the abbreviation “GDPR”) that your organization is in compliance with obligations and responsibility to ensure data privacy. These are shown in additional detail on the correspondent Section 15.

2.2. Confidentiality. Qualia Analytics will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Qualia Analytics); (b) was lawfully known to Qualia Analytics before receiving it from you; (c) is received by Qualia Analytics from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Qualia Analytics without reference to your Content. It is, therefore, your responsibility to ensure confidentiality.

3. Your Content

3.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. Qualia does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide Services, and as otherwise described in these Terms. It is, therefore, your responsibility to ensure you retain ownership of your content.

3.2. Limited License to Your Content. You grant Qualia Analytics a worldwide, royalty free license to use your Content for the limited purposes of providing Services to you and as otherwise permitted by Qualia Analytics’ privacy policies. This license for such limited purposes continues even after you stop using Services, though you may have the ability to protect your Content in relation to certain Services. This license also extends to any trusted third parties we work with to the extent necessary to provide Services to you. If you provide Qualia Analytics with feedback about Services, we may use your feedback without obligation. The license you grant Qualia Analytics includes, but is not limited to, the use of your institutional logos and trademarks relevant to the Services you receive in presentations, websites and/or marketing materials.

3.3. Copyright Claims. If you believe that your work has been, or is currently being, used in a way that constitutes copyright infringement, we ask that notify our support team in the first instance before pursuing further action. It is, therefore, your responsibility to ensure copyright has been communicated.

3.4. Other IP Claims. Qualia respects the intellectual property rights of others, and we expect our users to do the same. If you believe another Qualia user is infringing upon your intellectual property rights, you may report it to our support team. Claims of copyright infringement should follow the suitable process available under local law.

4. Qualia Analytics IP

4.1. Qualia Analytics IP. Neither these Terms nor your use of Services grants you ownership of our Services or the content you access through Services (other than your own Content). Except as permitted in writing by Qualia Analytics, these Terms do not grant you rights to Qualia trademarks, other brand elements, or any unique solution we have provided to you.

5. User Content

5.1. User Content. Products or Services may display content provided by others that are not owned by Qualia. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have the rights and permissions needed to use that Content in connection with our Products or Services. Qualia is not responsible for actions you take with respect to your Content, including sharing it publicly. Please do not use content from Services unless you have first obtained the permission of its owner, or are otherwise authorised by law to do so.

5.2. Content Review. You acknowledge that representatives of Qualia may review certain content submitted to or collected by our Products or Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, remove, or refuse to display content that we believe violates the law or these Terms. However, Qualia representatives will otherwise have no obligation to monitor or review any content submitted to or collected by our Services. It is, therefore, your responsibility to review all content in advance to its use.

5.3. Third-Party Resources. Qualia may publish links in Products or Services to internet websites maintained by third parties. Qualia does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them.

6. Account Management

6.1. Keep Your Password Secure. If you have been issued an account by Qualia in connection with your use of Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Qualia, are responsible for any activity occurring in your account (other than activity that Qualia is directly responsible for, which is not performed in accordance with the Customer’s instructions), whether or not you authorised that activity. If you become aware of any unauthorised access to your account, you should notify Qualia representatives immediately. Accounts may not be shared and may only be used by one individual per account. It is, therefore, your responsibility to ensure your passwords are kept secure.

6.2. Keep Your Details Accurate. Qualia occasionally sends notices to the e-mail address registered with your account. You must keep your e-mail address and, where applicable, your contact details associated with your account current and accurate. It is, therefore, your responsibility to ensure your account details are accurate.

6.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Qualia will not be liable for any failure to store your contents, or for loss or corruption of your Content. It is, therefore, your responsibility to ensure proper data backup in place.

6.4. Account Inactivity. Qualia may suspend your account and remove content contained in it if there is no account activity (such as a log in event, survey submission, or payment) for over 12 months, unless it has been previously agreed in writing. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

7. User Requirements

7.1. Legal Status. If you are an individual, you may only use our Products or Service if you have the power to form a contractual agreement. No Services are intended for use by individuals less than 16 years old. We recommend that parents and guardians directly supervise any use of our Products or Services by minors. It is, therefore, your responsibility to ensure individuals providing data are of appropriate age.

8. Acceptable Uses and Prohibited User Conduct

8.1. Legal Compliance. You must use Services in compliance with and only as permitted by applicable law.

8.2. Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services.

8.3. Regulations and Compliance. If your use of Products or Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Qualia has agreed with you otherwise. You may not use our Product or Services in a way that would subject Qualia to those industry-specific regulations without obtaining prior agreement.

8.4. Prohibited user conduct. While using our Products or Services, you agree not to engage in any of the following prohibited activities unless written consent is provided by a duly authorized representative of Qualia Analytics:

1. Misuse our Products or Services by interfering with their normal operation.

2. Use, display, mirror, or frame our Products or Services, or any individual element within, including the Qualia name, trademark, logo or other proprietary information, or the layout and design.

3. Probe, scan or test the vulnerability of any system or network unless.

4. Access, tamper with or use non-public areas of our Products or Services, our technical systems, or the delivery systems of our providers.

5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Qualia or any of our sub-processors (including another user) to protect our Products or Services.

6. Circumvent or attempt to circumvent any limitations that Qualia Analytics imposes on your account (such as by opening up a new account to conduct a questionnaire that we have closed for a Terms violation).

7. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our Products or Services.

8. Use any software and/or search agents other than those provided by the Qualia platform.

9. You will not attempt to access or search our Products or Services or scrape or download Content from our platform, or otherwise use, upload content to, or create new links, reposts, or referrals in our Products or Services through the use of any engine, software, tool, agent or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like).

10. Interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing, or transmit links to such software, through our Product or Services.

11. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of our Products or Services (including your Qualia account).

13. Stalk or otherwise harass another person or entity.

14. Impersonate or misrepresent your affiliation with any person or entity.

15. Without limiting any other provision of these Terms, allow any other person or entity to use your Qualia account.

16. Encourage or enable any other individual to do any of the activities prohibited in these Terms.

17. Reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to our Services or Contents.

18.We will endeavor to notify you of any usage deemed abusive or excessive, and to provide you with an opportunity to reduce usage to a level acceptable to Qualia. Whereas, any abusive or excessive usage of our Products or Services may be considered which significantly exceeds average usage patterns and/or adversely impact the speed, responsiveness, stability, availability, or functionality of our Products or Services for other users.

19. Use our Services to infringe on the intellectual property rights of others.

20. Send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation.

9. Suspension and Termination of Services

9.1. By You. You can terminate your Subscription by writing to the administrative team expressing your willingness to terminate the subscription services. The termination will become effective within a period of up to 72 hours and will entail the loss of access and deletion of data stored by Qualia Analytics on your behalf. If you terminate a Service Agreement in the middle of a cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.

9.2. By Qualia Analytics. Qualia Analytics may limit, suspend, or stop providing our Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use our Services in a way that causes legal liability to us or disrupts others’ use of our Products or Services. Qualia may also suspend providing our Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavour to provide you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Qualia may decide that immediate action is required without notice. Qualia has no obligation to retain your Content upon termination of an applicable Service.

10. Changes and Updates

10.1. Changes to Terms.

We may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. We may also provide notification of changes via email.

Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require us to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use our Services you indicate your We to be bound by the updated terms.

10.2. Changes to Services.

1. We are constantly making changes and improvements to our Products and Services.

2. We may add, alter, or remove functionality from a Service at any time without prior notice.

3. We may also limit, suspend, or discontinue a Service at its discretion. If we discontinue a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service.

4. We may remove content from our Services at any time in our sole discretion, although we will endeavour to notify you before we do that to reduce any material impact on you and if practicable under the circumstances.

11. Disclaimers and Limitations of Liability

11.1. Disclaimers. Except as expressly provided in these terms and to the extent permitted by applicable law, our services are provided “as is” and Qualia Analytics does not make warranties of any kind, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement or any regarding availability, reliability, or accuracy of the services.

11.2. Exclusion of Certain Liability. To the extent permitted by applicable law, Qualia, its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, including damages for lost profits, loss of use, loss of data, arising out of or in connection with Services and these terms, and whether based on a contractual agreement, tort, strict liability, or any other legal theory, even if Qualia has been advised of the possibility of such damages and even if a remedy fails of its essential purpose. We will attempt to limit liability if such action can be taken without adversely affecting Qualia, its affiliates, officers, employees, agents, suppliers, and licensors

11.3. Limitation of Liability. To the extent permitted by applicable law, the aggregate liability of each of Qualia Analytics’ affiliates, officers, employees, agents, suppliers, and licensors arising out of or in connection with Services and these terms will not exceed the amounts paid by you to Qualia Analytics for use of our Services at issue during the 3 months prior to the event giving rise to the liability.

11.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

11.5. Businesses. If you are a business, you will indemnify and hold harmless Qualia Analytics and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of our Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.

12. Contracting Entity

12.1. Who you are contracting with. Unless otherwise specified in relation to a particular Service, our Services are provided by, and you are contracting with, Qualia Analytics (Ireland) if you are in the Eurozone, or Qualia Analytics (United States) if you are anywhere else in the world.

12.2. United States. For any Service provided by Qualia Analytics LLC, the following provisions will apply to any terms governing that Service:

Contracting Entity. References to “Qualia Analytics”, “we”, “us”, and “our” are references to Qualia Analytics LLC, located in the state of California in the United States of America, with entity number: 201525210104.

Governing Law. Those terms are governed by the laws of the State of California (without regard to its conflict of laws provisions).

Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in California, and the federal courts located in the Northern District of California with respect to the subject matter of those terms.

12.3. Republic of Ireland. For any Service provided by Qualia Analytics Limited, the following provisions will apply to any terms governing that Service:

Contracting Entity. References to “Qualia Analytics”, “we”, “us”, and “our” are references to Qualia Analytics Limited, located in the Republic of Ireland, with entity number: 645415.

Governing Law. Those terms are governed by the laws in the Republic of Ireland (without regard to its conflict of laws provisions).

Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Ireland with respect to the subject matter of those terms.

13. Other Terms

1. Assignment. You may not assign these Terms without Qualia Analytics’ prior written consent, which may be withheld in Qualia Analytics’ sole discretion. Qualia Analytics may assign these Terms at any time without notice to you.

2. Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and Qualia Analytics, 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 you do not apply to the Services, do not override or form a part of these Terms, and are void.

3. Independent Contractors. The relationship between you and Qualia Analytics is that of independent contractors, and not of legal partners, employees, or agents of each other.

4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

5. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

6. Precedence. To the extent any conflict exists, the Additional Terms prevail over these Terms with respect to our Products and Services.

7. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

8. Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.

14. Terms for Certain Customers and Countries

14.2. Country-Specific Terms. If you are located in one of the following locations, the terms thereunder apply.

15. GDPR Terms for Customers in Europe

15.1 Effective date. These terms apply from 25 May 2018.

15.2 Definitions. These terms apply to you if you are a customer of Qualia Analytics, Ltd. operating as a “data controller” (as defined in the GDPR) in order to use the Services.

When “personal data”, “data subject”, “processing” and “processor” are mentioned in the terms below, the meaning of those terms corresponds to that given in the GDPR.

15.3 Processing Instruction. Your agreement to the Terms and Qualia Analytics’ privacy policies provides us your instructions and avail to process on your behalf any personal data collected by you while using the Services.

15.4 Customer obligations. Whenever you are providing personal or sensitive data you must ensure respondents have been informed, and have given consent to, such purposes, as required by data protection laws.

You have sole responsibility for the accuracy, quality and legality of personal or sensitive data processed by Qualia Analytics during our provision of the Products and Services. With this acknowledgement, you warrant that you are entitled to transfer data to Qualia Analytics who may lawfully process it and/or transfer the data in accordance with these Terms.

15.5 Our obligations as a data processor. We conduct data processing of personal or sensitive information is done on your behalf. To this extent, we will:

1. Only process data based on your documented instructions and in accordance with applicable law. This includes limitations on transfers of personal or sensitive data. You agree that these terms and our privacy policies constitute such documented instructions.

2. Ensure that our representatives involved in the processing of personal or sensitive data have committed themselves to confidentiality;

3. Make information available to you, when necessary, that will demonstrate compliance with obligations under Article 28 of the GDPR. We will require at least a 14 days written notice in advance the information request when such data is held by our systems but not otherwise available to you through your account and user areas.

4. Copies that are routinely made for the sole purpose of disaster recovery and business continuity will be deleted no later 9-12 months after data is deleted from an account.

5. Assist you as reasonably required (at your expense) where you wish to conduct a data protection review involving the Products and Services.

15.6 Sub-processors. We use trusted partners and services to facilitate certain technical operations for our Products or Services. By agreeing to these Terms, you provide a general authorization for us to engage any onward sub-processors, subject to compliance with the requirements set out here.

15.7 Security Measures and incidents. We have implemented systematic and procedural measures to ensure a high level of security which will scale to appropriate levels of risk, including (but not limited to) unauthorized processing, accidental loss and/or damage to your data. We test and evaluate the effectiveness of these security measures at regular and random intervals.

We will notify you within 72 hours of becoming aware of an incident with unauthorized access, acquisition, alteration, use, disclosure or destruction of data. We will prepare notices with the resolution of the incident, where such information is not already available in your online account or through other updates provided by us.

15.8 International Transfer. In the regular use Products and Services, you may request data transfers to other third parties when you rely on some specific services based in countries outside the European Economic Area, the United States, or countries that have different levels of data protection (as determined by the European Commission).