Terms of Service

Introduction

These Terms of Service (“Terms”) govern your access to and use of the products, platforms, applications, interfaces, and related offerings (“Services”) provided by Qualithm Ltd. (“Qualithm”, “we”, “us”, “our”).

By creating an Account, accessing, or using the Services, you agree to these Terms. If you do not agree, you must stop using the Services.

These Terms should be read together with the following documents:

• Privacy Policy
• Data Processing Addendum (where applicable)
• Service Level Agreement (for paid subscription plans)
• Acceptable Use Policy
• Responsible Disclosure Guidelines
• Cookie Policy

Scope

These Terms apply to all access to and use of the Services, including:

• Account holders and Users authorized under an Account;
• Devices connected to the Services;
• Developers, administrators, and integrators;
• Visitors of websites or APIs operated by Qualithm.

Definitions

• Account — A unique account created to access the Services.
• User — Any individual authorized to access or use your Account.
• Services — Qualithm’s platforms, products, applications, APIs, interfaces, and related offerings.
• Personal Data — Information relating to an identifiable natural person.
• Device — A hardware object, virtual agent, or simulator connected to the Services.
• User Content — Data, code, Device telemetry, logs, or other materials submitted to or processed through the Services.
• Subscription Plan — A paid tier (Plus, Pro, or Max) providing monthly usage allowances.
• Overage — Usage exceeding a Subscription Plan’s included allowances.
• Documentation — Any usage or technical documentation supplied by Qualithm.
• Sub-Processors — Third parties that process Personal Data on our behalf.

Eligibility and Accounts

Eligibility

You must:

• be at least 18 years old; and
• have the authority to enter into these Terms (for yourself or your organization).

Your Account Responsibilities

You are responsible for:

• ensuring Account information is accurate and kept up to date;
• maintaining the security of credentials, Devices, API keys, and integrations;
• all actions taken under your Account, whether authorized or not; and
• promptly notifying us if you suspect unauthorized access.

Access by Your Users

You must ensure that your Users comply with these Terms. Any breach by a User is treated as a breach by you.

Roles and Responsibilities

Our Responsibilities

We will:

• operate the Services with reasonable care and skill;
• maintain administrative, technical, and physical safeguards;
• provide the Services in accordance with these Terms and the SLA (where applicable);
• act as a Controller or Processor as described in the Privacy Policy and Data Processing Addendum; and
• maintain a public list of Sub-Processors.

Your Responsibilities

You must:

• ensure you have a lawful basis to process Personal Data using the Services;
• only upload or process data you have the right to handle;
• use the Services in accordance with applicable laws and the Acceptable Use Policy;
• maintain the security of your own systems, Devices, and integrations; and
• not use the Services for unlawful, harmful, or abusive purposes.

You retain ownership of your User Content.

License and Intellectual Property

Your License to Us

You grant Qualithm a worldwide, non-exclusive license to host, store, process, reproduce, and modify (for technical and operational purposes) your User Content solely to operate, maintain, and improve the Services.

Our Intellectual Property

All rights, title, and interest in and to the Services, including software, APIs, interfaces, documentation, designs, trademarks, and related intellectual property, remain with Qualithm and its licensors. No rights are transferred to you except those expressly granted under these Terms.

Billing, Fees, and Taxes

Qualithm uses a subscription-based billing model with optional overage charges.

Subscription Plans

You select a subscription plan (Plus, Pro, or Max) that includes monthly allowances for Devices, Event Transfer, Automations, and Storage. Your subscription renews automatically each month until canceled.

Overage Charges

If your usage exceeds the limits included in your plan, overage charges apply at the rates displayed on our Pricing page. Overages are billed at the end of each billing cycle.

Pricing and Changes

• Subscription fees and overage rates are displayed at time of purchase or in your Account.
• Taxes may apply and will be added where required.
• We will provide at least 30 days’ notice before material pricing changes.

Payment Information

You must maintain valid payment information to maintain an active subscription.

Cancellation

You may cancel your subscription at any time. Your access continues until the end of the current billing period. No refunds are provided for partial months.

Service Availability

• All paid subscription plans are covered by the Service Level Agreement.
• We may apply rate limits, throttling, or other technical controls.
• We may conduct scheduled or emergency maintenance. Maintenance windows are excluded from downtime calculations.

Acceptable Use

Your use of the Services must comply with our Acceptable Use Policy. You must not:

• access systems without authorization;
• disrupt or interfere with the Services;
• exceed rate limits or bypass technical restrictions;
• upload malicious code or unlawful content; or
• misuse Personal Data or breach privacy laws.

We may suspend or restrict your Account if you violate these Terms or the Acceptable Use Policy.

Privacy and Data Protection

Our handling of Personal Data is governed by the Privacy Policy and, where applicable, the Data Processing Addendum.

You are responsible for ensuring your use of the Services complies with all applicable privacy and data-protection laws.

Beta and Experimental Features

We may offer early-access, preview, or experimental features. These features:

• are provided on an “as-is” basis;
• may be changed or discontinued at any time;
• are not covered by the Service Level Agreement; and
• may not be suitable for production use.

Modifications to the Services

We may update, improve, or modify the Services. We will not make changes that materially reduce core functionality without providing reasonable notice, unless required for security or legal reasons.

Suspension and Termination

Our Rights

We may suspend or terminate your access to the Services if:

• you materially breach these Terms or the Acceptable Use Policy;
• your use poses a risk to the platform or other users;
• we are required to do so by law or regulatory authority; or
• you fail to pay amounts due for usage.

Your Rights

You may terminate these Terms at any time by closing your Account.

Upon termination:

• your right to access the Services ends immediately;
• we will delete or return your data in accordance with the Privacy Policy; and
• any outstanding fees remain payable.

Warranties and Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available”. We do not warrant that the Services will be:

• error-free or uninterrupted;
• compatible with all hardware, systems, or configurations; or
• suitable for high-risk environments unless explicitly stated.

If you are a non-business consumer in New Zealand, you may have rights under the Consumer Guarantees Act 1993 that cannot be excluded.

Limitation of Liability

To the fullest extent permitted by law:

• our total aggregate liability arising out of or relating to these Terms is limited to the greater of NZD $100 or the amount you paid for the Services in the 30 days before the event giving rise to the claim; and
• we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill.

We do not exclude liability for fraud, wilful misconduct, or any liability that cannot legally be excluded.

Changes to These Terms

We may update these Terms to reflect operational, technical, or legal changes. Material changes will be communicated with at least 30 days’ notice via email or prominent notice on our website.

Continued use of the Services after that notice period constitutes acceptance.

Governing Law

These Terms are governed by the laws of New Zealand. Any disputes arising out of or relating to these Terms are subject to the exclusive jurisdiction of the New Zealand courts.

Contact

Legal: legal@qualithm.com
Privacy & Data Protection: privacy@qualithm.com
Security: security@qualithm.com