These Terms of Service ("Terms") form a binding agreement between you and Qelvoryxa ("Qelvoryxa," "we," "us," or "our") governing your access to and use of qelvoryxa.com (the "Website") and the Qelvoryxa platform and related services once available (the "Services"). If you use the Services on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.
1. Acceptance of terms
By accessing or using the Website or Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Website or Services.
2. Accounts and eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly of any unauthorized use.
3. Subscriptions, fees and billing
Paid Services will be offered on a subscription basis under the plan you select. Fees, billing cycles and any discounts will be presented at the time of purchase. Pricing shown on the Website is a preview and may change before launch.
Unless otherwise stated, subscriptions renew automatically for successive terms. You may cancel before the renewal date to avoid future charges. Fees are non-refundable except as required by law or expressly stated in your order.
4. Acceptable use
You agree not to: (a) use the Services in violation of any law; (b) upload data you do not have the right to use; (c) attempt to gain unauthorized access to the Services or related systems; (d) interfere with or disrupt the integrity or performance of the Services; (e) reverse engineer, copy or resell the Services except as permitted by law; or (f) use the Services to build a competing product.
5. Customer Data
You retain all rights to the data you upload or connect to the Services ("Customer Data"). You grant Qelvoryxa a limited license to host, process and display Customer Data solely to provide and improve the Services for you and as described in our Privacy Policy.
You are responsible for the accuracy, quality and legality of Customer Data and for obtaining any consents required to share it with us.
6. AI features and outputs
The Services include features that use artificial intelligence to generate insights, forecasts, summaries and answers ("Outputs"). Outputs are generated automatically and may contain errors or omissions.
Outputs are provided for informational purposes and do not constitute financial, legal, accounting or other professional advice. You are responsible for evaluating Outputs and for any decisions made based on them.
Demonstrations on the Website, including dashboards and Ask Your Data examples, use simulated sample data and are illustrative only.
7. Planned features
Some features, integrations and capabilities described on the Website are planned or in development. Qelvoryxa does not guarantee that any planned feature will be released, or released on any particular timeline.
8. Intellectual property
The Website and Services, including software, designs, text, graphics, logos and the Qelvoryxa name, are owned by Qelvoryxa or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
If you provide feedback or suggestions, you grant Qelvoryxa the right to use them without restriction or compensation.
9. Confidentiality and security
Each party will protect the other's confidential information with reasonable care and use it only to perform under these Terms. Qelvoryxa maintains reasonable administrative, technical and physical safeguards designed to protect Customer Data.
10. Third-party services
The Services may interoperate with third-party applications and data sources. Your use of third-party services is governed by their terms, and Qelvoryxa is not responsible for their availability, content or practices.
11. Disclaimer of warranties
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. QELVORYXA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR THAT OUTPUTS WILL BE ACCURATE.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QELVORYXA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES.
QELVORYXA'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO QELVORYXA FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US $100) IF YOU HAVE NOT PAID ANY FEES.
13. Indemnification
You agree to indemnify and hold harmless Qelvoryxa from any claims, damages and expenses (including reasonable attorneys' fees) arising from your Customer Data, your misuse of the Services, or your violation of these Terms.
14. Term and termination
These Terms remain in effect while you use the Website or Services. We may suspend or terminate access if you materially breach these Terms. Upon termination, your right to use the Services ends, and provisions that by their nature should survive will survive.
15. Governing law and venue
These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in Somerset County, New Jersey, and each party consents to the personal jurisdiction of those courts.
16. General provisions
These Terms are the entire agreement between you and Qelvoryxa regarding their subject matter. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent.
17. Changes to these terms
We may modify these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, for material changes, provide reasonable notice. Continued use after changes take effect constitutes acceptance.
Contact
Qelvoryxa · 1104 Doolittle Dr, Bridgewater, NJ 08807-7028, United States