Terms of Service

1. Who we are and these Terms

QualiFlow AI ("QualiFlow," "we," "us" or "our") makes QualiFlow, software that helps car dealerships reply to, qualify, book and follow up with their customers. Our mailing address is [Company mailing address].

These Terms of Service ("Terms") are an agreement between QualiFlow and the business that creates a QualiFlow account or signs an order form with us ("you," "your" or the "Dealership"). They cover the QualiFlow web app; Aria and any other AI agents you set up in it; the website chat widget, hosted forms and QR codes; and related support (together, the "Service"). They also cover your use of this website.

If you accept these Terms for a dealership or dealer group, you confirm that you have the authority to bind it. If we sign an order form or other written agreement with you, it becomes part of this agreement and controls if it conflicts with these Terms. Our Privacy Policy explains how we handle personal information.

2. Accounts and eligibility

• Business use only. The Service is for car dealerships, dealer groups and the people who work for them. It is not for personal, family or household use. You must be at least 18 and able to enter a binding contract.
• Built for the United States. QualiFlow is designed for US dealerships and their customers.
• Accurate information. When you sign up, you create a workspace for your dealership. Keep your account and business details accurate and current.
• Your users. You may give access to your employees and contractors ("Users"). You decide which locations each User can see and what they can approve. You are responsible for your Users' actions, for keeping sign-in details confidential, and for telling us promptly if you suspect unauthorized access.
• Nothing goes out by accident. Signing up, importing contacts or connecting a phone number does not start outreach. You decide when to switch on channels, Aria and automated follow-up.

3. The Service

QualiFlow helps your team answer every lead. Aria, our AI agent, replies to customers on the channels you connect (text messaging, phone calls, Facebook Messenger, Instagram, WhatsApp, email and website chat) in English, Spanish or French. It qualifies interest, checks your inventory, books appointments, sends reminders and follow-up, and hands conversations to your staff. The Service also includes a shared inbox, contacts, a calendar, campaigns, analytics and related tools.

• Availability depends on your setup. Some channels need accounts, phone numbers, registrations or approvals from third parties before they work. Some features may be in preview or not yet available, and the app shows which channels are ready.
• We keep improving it. We may add, change or remove features. If we remove a material feature you pay for, we will give you reasonable advance notice.
• Support. We provide help in the app and by email. Response times or service levels apply only if your order form states them.

4. Your responsibilities

4.1 Use the Service lawfully

You will use the Service in line with every law that applies to your business and your customer communications. That includes the Telephone Consumer Protection Act (TCPA) and FCC rules, the Telemarketing Sales Rule, the CAN-SPAM Act, state telemarketing and text messaging laws, privacy and data security laws, consumer protection and advertising laws, and the rules that apply to vehicle sales, financing and leasing.

4.2 Consent to contact your customers

You are responsible for getting, documenting and honoring any consent the law requires before you or the Service contacts someone by text message, phone call (including calls that use an artificial or AI-generated voice) or email, and for honoring every request to stop. Keep in mind:

• Permission for one purpose, such as appointment reminders, may not cover marketing messages.
• Importing a list, a past purchase or a service visit does not by itself give permission to contact someone.
• QualiFlow gives you tools to record consent by channel and purpose, process opt-outs (including STOP replies) before Aria replies, respect quiet hours and recheck eligibility right before each proactive message. These tools help you follow your policies. They do not decide whether you have legal permission, and setting them up correctly is your job.

4.3 Disclosures to your customers

You are responsible for the notices your customers must receive, such as identifying your dealership in messages, the privacy notice on your website forms and chat, and any disclosure that a customer is talking with an AI agent where the law requires it.

4.4 What you tell Aria

You are responsible for the accuracy of the information you give the Service, including inventory, prices, hours, policies, Knowledge, scripts and campaign instructions, and for the autonomy mode, rules and approvals you choose.

4.5 Numbers, senders and channel accounts

You will give accurate business information for any registration that carriers, messaging providers or platforms require, and you will use phone numbers, mailboxes and messaging accounts connected to QualiFlow only for your dealership.

5. Text messaging (SMS) terms

Dealerships use QualiFlow to send and receive text messages with their customers. This section applies to anyone who receives texts sent through QualiFlow, and dealerships must make these terms available to the people they text.

• Who is texting you. Messages come from the dealership you contacted or gave your number to, about your inquiry, vehicles you are interested in, appointments, service, and offers if you agreed to receive them.
• Consent. Agreeing to receive marketing texts is never a condition of buying a vehicle, part or service.
• Message frequency varies based on your conversation and the dealership's appointments and follow-up.
• Message and data rates may apply. Check with your wireless carrier.
• To opt out, reply STOP at any time. QualiFlow also recognizes STOPALL, UNSUBSCRIBE, CANCEL, END and QUIT, BAJA in Spanish and ARRÊT in French. You may get one final message confirming the opt-out. After that, the dealership will not text you from that number unless you opt back in.
• For help, reply HELP or contact the dealership directly.
• Carriers are not liable for delayed or undelivered messages.
• Privacy. See our Privacy Policy. Mobile information is not shared with third parties or affiliates for marketing or promotional purposes.

6. AI-generated content and automation

Aria and any other agents you set up use AI models to write replies, hold phone conversations, summarize, plan follow-up and suggest next steps ("AI Output").

• AI can make mistakes. AI Output can be wrong, incomplete or inappropriate, even with safeguards. Aria is designed to answer from your verified inventory and published Knowledge and not to invent prices, availability, discounts, payments, finance terms or policies, but we cannot guarantee that every reply is correct.
• You stay in control. You choose Manual, Ask (approve first) or Autopilot (within your rules), what Aria may do, what needs approval, and when conversations go to your team. Anyone with access can take over a conversation in one click. Proposals and campaign launches always need approval from an authorized User.
• Your team makes the calls that matter. AI Output is not a substitute for your staff's judgment on pricing, financing, credit, trade-in values, vehicle condition, warranty, recalls or legal questions. Review AI Output where appropriate before you rely on it.
• No commitments by Aria. The Service is designed so that Aria does not make binding offers, set prices, approve financing or credit, take deposits or payments, or hold vehicles. An appointment is not a reservation or a sale. Messages sent from your account are your dealership's communications.
• No guaranteed results. We do not guarantee any number of leads, replies, appointments, shows, sales or response times. Response-time goals we describe are design targets, not promises.

7. Customer Data

"Customer Data" means the data you and your Users put into the Service or that the Service collects for you, including information about your customers (contact details, conversations, call details, appointments, vehicle interests and records), your inventory and your Knowledge.

• You own it. As between you and QualiFlow, your dealership owns Customer Data.
• We process it for you. You let us host, copy, process, send and display Customer Data only as needed to provide, secure and support the Service, to prevent abuse, and as the law requires. We act as your service provider and follow your instructions, as described in our Privacy Policy.
• We do not sell it. We do not sell Customer Data, and we do not use it to market to your customers for ourselves or anyone else. We do not use Customer Data to train AI models for other dealerships.
• You have the rights to it. You are responsible for Customer Data's accuracy and for having the rights, notices and consents needed for us to process it.
• Sensitive data stays out. The Service is not designed for Social Security numbers, driver's license numbers, full payment card or bank account numbers, credit applications or reports, or health information. Do not put them into QualiFlow.
• Service data. We collect information about how the Service runs (such as errors, feature use and response times) to operate, secure, support and improve it. We may use aggregated or de-identified information that does not identify you, your Users or your customers.
• Export and deletion. While your account is active, you can export your contacts and delete records with the Service's tools. After your account ends, we delete or de-identify Customer Data within a reasonable period, except the minimal opt-out and wrong-number records we keep so that people are not contacted again, copies the law requires us to keep, and backups that expire on their normal schedule.

8. Acceptable use

You will not, and will not let anyone else:

• send spam or unwanted messages, contact people who have opted out, or use QualiFlow as a general dialer, bulk texting tool or mail relay;
• contact people without the consent the law requires, at hours the law forbids, or with a false caller ID or sender identity;
• send content that is deceptive, harassing, discriminatory, defamatory or unlawful, including false or misleading claims about vehicles, prices, incentives or financing;
• send content that wireless carriers or messaging platforms prohibit, or break the terms of Meta, carriers, email providers or other connected services;
• use the Service to decide whether someone qualifies for credit, financing, insurance or employment;
• upload malicious code, probe or test the Service's security without our written permission, get around its limits or safeguards, or try to access another dealership's workspace;
• copy, resell or sublicense the Service, scrape it, reverse engineer it (except where the law allows), or use it to build a competing product.

We may investigate suspected misuse and act under Section 14.

9. Third-party services

The Service works with services that other companies run, including wireless carriers and our telephony and messaging provider; Meta (Facebook Messenger, Instagram and WhatsApp); email providers such as Google, Microsoft or your own mail server; optional Google or Microsoft calendars; and AI model providers.

• When you connect an account, you authorize us to use it as needed for the features you turn on, for example to read and send email in a connected mailbox or to read and write events in a connected calendar.
• Your use of those services is governed by their own terms and policies, which you agree to follow.
• We do not control those services and are not responsible for their availability, content or changes. Carriers and platforms may filter, delay or block messages or suspend numbers and accounts, so we cannot guarantee delivery. QualiFlow shows the delivery status the provider reports: sent, delivered, failed or unknown.
• QualiFlow is not affiliated with or endorsed by these companies unless we say so in writing.

10. Fees and payment

Fees, billing periods, usage allowances and payment terms are set out in your order form or the plan you choose in the Service. Some channels can carry third-party charges, such as carrier or registration fees, and your order form says whether they are included. Unless your order form says otherwise, fees do not include taxes, and you are responsible for applicable taxes other than taxes on our income. If an undisputed payment is overdue, we may suspend the Service after giving you notice.

11. Confidentiality

Each of us may share non-public business information with the other, such as product plans, pricing or dealership data ("Confidential Information"). The receiving party will use it only for this agreement, protect it with at least reasonable care, and share it only with people and service providers who need it and are bound to keep it confidential. This does not cover information that is or becomes public through no fault of the receiving party, that it already had or developed independently, or that it lawfully got from someone else. A party may disclose Confidential Information when the law requires it, after giving notice where allowed.

12. Intellectual property

• Ours. We own the Service, its software and design, our documentation and our names and marks, including QualiFlow and Aria. Subject to these Terms, we give you a limited, non-exclusive, non-transferable right for your Users to use the Service for your dealership's business during your subscription. We reserve all other rights.
• Yours. You keep your rights in Customer Data and in your names, logos and content. You let us use them to provide the Service, for example to show your logo in your website chat or emails.
• AI Output. As between us, you may use the AI Output generated for your account in your business, and we do not claim ownership of it. Similar output may be generated for others.
• Customer references. We will not name your dealership as a customer publicly without your permission.

13. Feedback

If you send us ideas or suggestions about QualiFlow, we may use them without owing you anything. We will not identify you as the source without your permission.

14. Term, suspension and termination

• Term. These Terms apply from the day you accept them until your account is closed. Your order form sets any subscription term.
• Ending by you. You can stop using the Service and ask us to close your account at any time. Fees already paid are not refundable unless your order form or the law says otherwise.
• Suspension by us. We may suspend all or part of the Service, including pausing outbound messages or calls for a workspace, if we reasonably believe it is needed to protect message recipients, other customers or the Service; to meet a carrier, platform or legal requirement; or because of a serious breach of these Terms. Where practical, we will tell you first and work with you to resolve the issue.
• Ending for breach. Either of us may end this agreement if the other materially breaches it and does not fix the breach within 30 days of written notice.
• What happens next. When the agreement ends, your access ends and Customer Data is handled as described in Section 7. Sections that by their nature should continue (including confidentiality, intellectual property, disclaimers, limitation of liability, indemnification and governing law) survive.

15. Disclaimers

Except as expressly stated in these Terms or your order form, the Service and AI Output are provided "as is" and "as available." To the fullest extent the law allows, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that messages or calls will be delivered, that AI Output will be accurate, or that using the Service will produce any business result. You are responsible for your compliance with the law, and nothing in the Service is legal advice.

16. Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, sales or goodwill, even if it was told they were possible. Each party's total liability arising out of or related to this agreement is limited to the amounts you paid us for the Service in the 12 months before the event that gave rise to the claim.

These limits do not apply to your payment obligations, your obligations under Section 17, or breaches of Section 8, or where the law does not allow them.

17. Indemnification

You will defend QualiFlow and its personnel against third-party claims, and pay the resulting damages, fines, settlements and reasonable legal fees, to the extent the claim arises from:

• Customer Data or your other content;
• messages, calls and emails sent from your account, including claims under the TCPA, CAN-SPAM, state telemarketing or text messaging laws, or privacy laws;
• missing or invalid consent from your customers; or
• your breach of these Terms or of the law.

We will tell you promptly about the claim, let you control the defense, and reasonably cooperate at your expense. You may not settle a claim in a way that admits fault for us or binds us without our written consent.

18. Changes to these Terms

We may update these Terms as QualiFlow and the law change. We will post the new version here and update the date at the top. For material changes, we will give you reasonable advance notice by email or in the app. If you keep using the Service after a change takes effect, the updated Terms apply. A signed order form is changed only by written agreement.

19. Governing law and disputes

These Terms are governed by the laws of the State of [State], without regard to its conflict-of-laws rules. Before filing a claim, each of us agrees to try to resolve the dispute informally by written notice and good-faith discussion for at least 30 days. If that does not work, the state and federal courts located in [County, State] have exclusive jurisdiction, and both of us consent to them.

20. General terms

• Entire agreement. These Terms, your order form and the documents they reference are the whole agreement between us about the Service.
• Assignment. Neither of us may transfer this agreement without the other's consent, except to a successor in a merger, acquisition or sale of substantially all of the relevant business.
• Events outside our control. Neither of us is liable for delays caused by events beyond reasonable control, such as carrier or platform outages, internet failures, natural disasters or government action. This does not excuse payment obligations.
• Notices. We may send notices by email to your account owner or in the app. You can send notices to the address in Section 21.
• Other terms. If a provision is found unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver. We are independent contractors, and nothing here creates a partnership, agency or employment relationship.

21. Contact us

Questions about these Terms? Email legal@qualiflow.ai or write to QualiFlow AI, [Company mailing address].