Terms of Service.

1. Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of the Kualy® platform, including our website at www.getkualy.com, our web application, and any related services. By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms.

2. Description of service

Kualy® is a SaaS (Software as a Service) lead intelligence platform that provides:

• A CRM for managing and qualifying sales leads
• An AI-powered lead scoring system
• A WhatsApp chatbot for automated lead qualification (Elite plan)
• Google Calendar integration for appointment scheduling (Elite plan)
• Analytics and reporting dashboards

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice.

3. Account registration

• You must provide accurate and complete information when creating your account
• You are responsible for maintaining the confidentiality of your credentials
• You must be at least 18 years old to create an account
• You are responsible for all activity that occurs under your account
• You must notify us immediately of any unauthorized use of your account

4. Subscription plans and payment

Plans

• Starter — $499 MXN/month
• Pro — $1,299 MXN/month
• Elite — $2,999 MXN/month

Billing

• Subscriptions are billed monthly in advance
• Prices are in Mexican Pesos (MXN) and may include applicable taxes
• You may cancel at any time; cancellation takes effect at the end of the current billing period
• We do not offer refunds for partial months
• We reserve the right to change pricing with 30 days' notice

Free trial

New accounts may be eligible for a 7-day free trial. A valid payment method is required to start the trial, but you will not be charged until the trial period ends. You can cancel anytime before the trial ends to avoid being charged.

5. Acceptable use

You agree not to use Kualy® to:

• Send unsolicited commercial messages (spam) through the WhatsApp bot
• Deliberately deceive leads into believing they are talking to a human when they are interacting with the AI bot
• Process personal data of minors under 18 years old without verifiable parental consent
• Collect or process data without proper consent from the individuals concerned
• Make false, misleading, or deceptive commercial claims through the bot
• Use Kualy® for industries or activities prohibited by Meta WhatsApp Business Policy (e.g. firearms sales, adult content, illegal drugs, predatory lending)
• Violate any applicable law, regulation, or third-party rights
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or attempt to extract the source code of the platform
• Resell or sublicense access to the Service without written authorization

Violation of these rules may result in immediate account suspension or termination.

6. Your responsibility for bot content and AI use

Kualy® provides AI tools. You, as the user, are solely responsible for how you configure and use them. Specifically, you agree:

Bot content

• You are responsible for the bot's instructions, business context, and any custom prompts you configure.
• You are responsible for ensuring the bot does not make false, misleading, deceptive, or illegal commercial claims.
• You are responsible for any commitments or representations the bot makes on your behalf, including pricing, availability, and product specifications.
• Kualy® does not guarantee the accuracy, completeness, or legal compliance of any specific bot output. AI models can produce errors ("hallucinations").

Mandatory AI disclosure to your leads

When using the WhatsApp bot, you agree to clearly inform your leads at the beginning of every new conversation that they are interacting with an automated AI system, not a human. This obligation is non-negotiable and required by:

• EU AI Act (Article 50) — if any of your leads are EU residents
• Meta WhatsApp Business Messaging Policy (section 4)
• LFPDPPP Mexico (Article 16) — disclosure of automated processing

Failure to comply may result in suspension of your account, suspension of your Meta Business account, and personal liability for you towards the affected leads. Kualy® is not responsible for sanctions or claims arising from your failure to disclose.

Compliance with third-party platforms

When using Kualy® integrations (WhatsApp, Google Calendar, Stripe), you also agree to comply with the terms of service of those platforms. In particular:

• Meta WhatsApp Business Policy — no spam, no unsolicited messages to users who have not opted in, no deceptive behavior.
• Obtain proper consent from your leads before processing their personal data (LFPDPPP, GDPR if applicable).
• Maintain your own privacy policy as a business that uses Kualy® as a processor of your leads' data.

7. Intellectual property

Kualy® and all its content, features, and functionality — including but not limited to the name, logo, design, software, and AI models — are owned by Kualy® and protected by intellectual property laws.

Your data remains yours. You retain all rights to the lead data and content you upload or create within Kualy®.

8. Data and privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Limitation of liability (including AI-specific limitations)

To the maximum extent permitted by law, Kualy® shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of or inability to use the Service.

AI-specific limitations

Kualy® uses third-party AI providers (currently Google Gemini). You acknowledge and accept:

• AI outputs may contain factual errors, inappropriate responses, or hallucinations (fabricated information presented as fact).
• AI performance can vary and is not guaranteed. Models change over time and may behave differently between versions.
• Kualy® is not liable for business losses, customer complaints, or damages caused by inaccurate AI outputs.
• You are responsible for reviewing the bot's behavior and adjusting its configuration as needed. Kualy® provides tools to monitor and control this behavior.

Third-party infrastructure

Kualy® relies on third-party services (Supabase, Vercel, Stripe, Google, Meta). We are not liable for outages, data loss, or service interruptions caused by these providers.

Our total liability shall not exceed the amount you paid to Kualy® in the 3 months preceding the claim.

10. Termination

• You may cancel your account at any time from your account settings
• We may suspend or terminate your account if you violate these Terms
• Upon termination, your access to the Service will cease immediately
• You may request an export of your data before cancellation

11. Changes to terms

We may update these Terms from time to time. We will notify you of significant changes by email or by displaying a prominent notice in the Service at least 14 days before the changes take effect.

12. Governing law and jurisdiction

These Terms are governed by the laws of the United Mexican States (México), without regard to conflict of law principles.

For any dispute, controversy, or claim arising out of or relating to these Terms, the parties expressly submit to the competent courts of Cancún, Quintana Roo, México, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domicile or for any other reason.

13. Contact

For questions about these Terms: