Terms of Service

Last updated: January 2025

1. Definitions

• "QolinAI" or "Services" means the AI Management System software and services provided by Rubinshelf MarTech Initiatives SL
• "We," "Us," "Our" means Rubinshelf MarTech Initiatives SL, the provider of QolinAI
• "You," "Your," "Customer" means the organization or individual using our Services
• "Account" means your registered account with QolinAI
• "Content" means data, documents, text, and other materials uploaded or created using the Services
• "User" means an individual authorized by Customer to use the Services
• "Subscription" means the selected service plan and term

2. Service Description

2.1 QolinAI Services

QolinAI provides an AI Management System consisting of:

• AI Model Hosting: Secure hosting of AI language models in EU data centers
• Document Processing: AI-powered document analysis and processing capabilities
• User Management: Role-based access control and authentication systems
• Data Governance: Tools for managing data access, pseudonymization, and compliance
• Audit & Reporting: Comprehensive logging and compliance reporting features

2.2 Deployment Options

• Cloud Deployment: Fully managed hosting in EU data centers
• On-Premise Deployment: Self-hosted installation on Customer infrastructure
• Hybrid Deployment: Combination of cloud and on-premise components

3. Account Registration and Eligibility

3.1 Eligibility

To use QolinAI, you must:

• Be at least 18 years old
• Have the authority to enter into this agreement on behalf of your organization
• Provide accurate and complete registration information
• Not be prohibited from using the Services under applicable law

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Implementing appropriate security measures (e.g., strong passwords, MFA)
• Notifying us immediately of any unauthorized access

3.3 Account Information

You agree to:

• Provide accurate, current, and complete information
• Update information promptly when it changes
• Not impersonate any person or entity
• Not create accounts using automated means

4. Subscription and Payment

4.1 Subscription Plans

QolinAI offers multiple subscription tiers:

• Starter Plan: For small teams, cloud-only deployment
• Business Plan: For growing organizations, cloud or on-premise
• Enterprise Plan: Custom solutions with dedicated support

Current pricing is available at qolinai.com/pricing.

4.2 Billing

• Subscriptions are billed monthly or annually in advance
• All fees are in Euro (EUR) unless otherwise stated
• Fees are exclusive of applicable taxes (VAT, etc.)
• Payment is due upon invoice date

4.3 Free Trial

• New customers may receive a 30-day free trial
• No credit card required for trial
• Trial automatically expires unless converted to paid subscription
• One trial per organization

4.4 Payment Methods

We accept:

• SEPA direct debit
• Bank transfer (for annual plans and Enterprise)
• PayPal

4.5 Late Payment

If payment is not received:

• We may suspend Services after 7 days past due
• Late fees of 1.5% per month may apply
• We may terminate Services after 30 days past due

4.6 Price Changes

• We may change pricing with 60 days notice
• Current subscription terms are honored until renewal
• Annual subscriptions lock in pricing for the term

4.7 Refunds

• Monthly subscriptions: No refunds for partial months
• Annual subscriptions: Pro-rata refund if cancelled within 30 days
• No refunds after 30 days of annual subscription
• Setup fees are non-refundable

5. Acceptable Use

5.1 Permitted Use

You may use QolinAI for:

• Lawful business purposes within your organization
• Processing data you have rights to process
• Purposes consistent with your subscription plan

5.2 Prohibited Activities

You may not:

• Use the Services for unlawful purposes or in violation of any laws
• Violate intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to systems or data
• Reverse engineer, decompile, or disassemble the software
• Remove or obscure proprietary notices
• Use the Services to compete with us
• Resell or redistribute the Services without authorization
• Engage in excessive usage that impacts system performance
• Use automated systems to extract data (scraping)
• Process data in violation of GDPR or other data protection laws
• Upload illegal content or content that infringes third-party rights

5.3 Enforcement

We may:

• Investigate suspected violations
• Remove violating content
• Suspend or terminate accounts for violations
• Report illegal activity to authorities

6. Your Content and Data

6.1 Your Ownership

You retain all rights to your Content. We do not claim ownership of any data you upload or create using the Services.

6.2 License to Us

You grant us a limited license to:

• Process, store, and transmit your Content to provide the Services
• Create backups and redundant copies for reliability
• Use Content to improve and optimize Services (in aggregated, anonymized form only)

6.3 Your Responsibilities

You are responsible for:

• Ensuring you have rights to all Content you upload
• Obtaining necessary consents for data processing
• Complying with applicable data protection laws
• Maintaining backups of critical data
• Accuracy and legality of your Content

6.4 Data Protection

We process your data in accordance with:

• Our Privacy Policy
• Our Data Processing Agreement
• GDPR and applicable data protection laws

6.5 No AI Training

Important: We do not use your Content to train AI models. Your data remains yours and is used only to provide the Services to you.

7. Intellectual Property

7.1 Our IP Rights

QolinAI, including the software, AI models, documentation, and related materials, are protected by intellectual property laws. We retain all rights not expressly granted.

7.2 License to You

We grant you a limited, non-exclusive, non-transferable license to:

• Access and use the Services during your subscription term
• Use documentation for internal purposes
• Create and use output generated by the Services

7.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Services
• Rent, lease, or sublicense the Services
• Reverse engineer or extract source code
• Remove proprietary notices

7.4 Feedback

If you provide feedback, suggestions, or ideas, we may use them without obligation or compensation to you.

8. Service Level and Support

8.1 Service Availability

We strive to provide high availability:

• Target Uptime: 99.9% for cloud deployments (excluding scheduled maintenance)
• Scheduled Maintenance: Announced at least 48 hours in advance
• Emergency Maintenance: May occur without notice for security or critical issues

8.2 Support

Support varies by plan:

• Starter: Email support, response within 48 hours
• Business: Email and chat support, response within 24 hours
• Enterprise: 24/7 support, dedicated account manager, phone support

8.3 Service Changes

We may:

• Add new features and functionality
• Modify or discontinue features with notice
• Update AI models and underlying technology

9. Term and Termination

9.1 Term

These Terms commence when you create an account and continue until terminated.

9.2 Termination by You

• You may cancel at any time from your account settings
• Cancellation takes effect at end of current billing period
• No refunds for unused time in monthly plans

9.3 Termination by Us

We may terminate or suspend your account:

• For breach of these Terms
• For non-payment
• If required by law
• If Services are discontinued
• With 30 days notice for convenience (with pro-rata refund)

9.4 Effect of Termination

Upon termination:

• Your access to Services ends immediately
• You have 30 days to export your data
• We may delete your data after 30 days
• Outstanding fees remain due
• Sections that should survive termination remain in effect

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

• Services will substantially conform to documentation
• We will use industry-standard security practices
• We have rights to provide the Services

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• Services will be uninterrupted or error-free
• All defects will be corrected
• Services are free from viruses or harmful components
• AI outputs will be accurate, complete, or suitable for your purposes

10.3 AI Output Disclaimer

Important: AI-generated content may contain errors, inaccuracies, or inappropriate material. You are responsible for reviewing and validating all AI outputs before use.

11. Limitation of Liability

11.1 Liability Cap

OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

11.3 Exceptions

Liability limitations do not apply to:

• Intentional misconduct or gross negligence
• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Breaches of data protection obligations under GDPR
• Other liabilities that cannot be excluded by law

12. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your use of the Services
• Your Content
• Your breach of these Terms
• Your violation of any laws or third-party rights

13. Confidentiality

Each party agrees to:

• Keep confidential information confidential
• Use confidential information only for purposes of the agreement
• Protect confidential information with reasonable care

Confidential information does not include information that is publicly available, independently developed, or rightfully received from third parties.

14. Compliance and Export

14.1 Compliance

You agree to comply with:

• All applicable laws and regulations
• GDPR and data protection laws
• Industry-specific regulations applicable to your use

14.2 Export Control

You may not use or export the Services in violation of EU or international export laws.

15. Governing Law and Disputes

15.1 Governing Law

These Terms are governed by the laws of the Principality of Andorra, excluding conflict of law principles.

15.2 Jurisdiction

Exclusive jurisdiction for disputes is in the courts of Andorra la Vella, Principality of Andorra.

15.3 Dispute Resolution

Before litigation, parties agree to attempt good-faith negotiation for 30 days.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and DPA, constitute the entire agreement.

16.2 Amendments

We may modify these Terms with 30 days notice. Continued use after changes constitutes acceptance.

16.3 Assignment

You may not assign your rights without our consent. We may assign freely.

16.4 Severability

If any provision is invalid, it shall be modified to make it valid, or severed if not possible.

16.5 Waiver

Failure to enforce any provision does not constitute a waiver.

16.6 Force Majeure

Neither party is liable for delays caused by events beyond reasonable control.

16.7 Independent Contractors

Parties are independent contractors, not partners or joint venturers.

16.8 Notices

Notices to us: info@rubinshelf.com

Notices to you: email address on your account

17. Contact Information

For questions about these Terms:

Rubinshelf MarTech Initiatives SL
Av. de Princep Benlloch 26-30
AD500 Andorra la Vella
Principality of Andorra
Email: info@rubinshel.com