These General Terms and Conditions govern the relationship between QualiBooth Ltd. (Registration No. 208260404, "the Company") and its clients ("the Clients"). Effective January 1, 2024. In case of discrepancy between the Bulgarian and any other language version, the Bulgarian version prevails.
1. Subject and Effect
These General Terms and Conditions regulate the terms and conditions under which the Company provides its products and services to Clients via the Company's website at qualibooth.com and the portal at portal.prod.qualibooth.com.
2. Products and Services Description
The Company offers web accessibility monitoring products and services, including:
- Accessibility scanning and reporting tools (QualiBooth Accessibility Toolkit)
- The Agora AI desktop scanning tool
- Accessibility monitoring dashboards and historical reporting
- Professional accessibility services and assessments
The products help Clients assess compliance of web pages with Directive (EU) 2019/882, WCAG 2.1 and WCAG 2.2 accessibility guidelines, and the ADA (Americans with Disabilities Act).
3. Technical Information
The Company's products operate via a browser script (the "script") that Clients install on their websites. The script collects accessibility data and reports it through the Company's platform. The Company provides detailed technical documentation on how to install and configure the script.
4. Client Profile
To use the Company's products and services, Clients must register and create a profile (account) on the Company's platform. Clients are responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account.
5. Open-Source Libraries
The Company's products incorporate certain open-source libraries, including axe-core (licensed under MPL-2.0). The use of such open-source components is in accordance with their respective licenses.
6. Professional Use
The Company's products and services are intended exclusively for professional and business use. The Client warrants that it is acting in its professional or business capacity when using the Company's products and services.
7. Conclusion of Agreement
An agreement between the Company and the Client is concluded when the Client successfully registers an account, selects a subscription plan, and accepts these General Terms and Conditions. Acceptance is made by clicking the relevant checkbox or button on the Company's website.
8. Subscription Plans
The Company offers various subscription plans with different features and parameters. Details about available plans and their pricing are published on the Company's website. Clients may upgrade their subscription at any time; changes take effect immediately. Downgrade requests take effect at the start of the next billing period.
9. Termination and Cancellation
Clients may cancel their subscription at any time through their account dashboard. Upon cancellation, access to paid features continues until the end of the current billing period. No refunds are provided for unused portions of a subscription period. The Company reserves the right to terminate a Client's account if these Terms are violated.
10. Free Trial and Auto-Renewal
The Company may offer free trial periods for its products and services. At the end of a free trial, the subscription automatically renews at the applicable paid rate unless the Client cancels before the trial expires. Credit card details provided during trial activation will be charged upon renewal.
11. Prices and Subscription Fees
Prices and subscription fees are published on the Company's website and do not include VAT. VAT will be applied additionally where required by applicable law, and is at the expense of the Client. The Company may offer discounts for annual subscription plans.
The Company reserves the right to change prices at any time by publishing updated prices on its website. Increased prices for existing subscriptions take effect automatically upon renewal. Clients will be notified of price changes in advance.
12. Payment Means and Method
The Company accepts payments via its Payment Providers, including Stripe and Recurly. The Company does not process or store credit card numbers or security codes โ these are managed exclusively by the Payment Providers in compliance with PCI DSS standards.
Payments are processed automatically at the start of each billing period. If a payment fails, the Company may suspend access to services until all outstanding amounts are paid.
13. Right to Use the Product
All intellectual property rights related to the Company's products and services remain the exclusive property of the Company. Upon subscribing, the Client receives a non-exclusive, revocable, non-transferable right to use the product solely for the duration of the paid subscription and within the parameters of the selected plan.
Clients are strictly prohibited from:
- Copying, modifying, selling, or distributing the product or its code
- Reverse engineering, decompiling, or disassembling the product
- Rebranding or reselling the product without authorization
- Attempting to acquire or disclose the Company's trade secrets
14. Provision of Services to Third Parties
Clients may add third-party web pages to their account for compliance assessment, up to the number permitted by their subscription plan. However, Clients may not rebrand the Company's product and must inform third parties that all rights remain with the Company.
15. Use of Data and Commercial Communications
By using the Company's products, Clients consent to the Company's access to and analysis of usage data for internal marketing purposes and service improvement. The Company may send product updates, offers, and promotional communications. Clients may opt out of commercial communications by contacting support@qualibooth.com.
16. Limitation of the Company's Liability
The Company's liability to Clients is limited to the fees paid by the Client for a period of one month, regardless of the actual damages suffered. The products and services are provided "as is" without warranties of any kind. The Company does not guarantee compatibility with Client websites, exhaustive error detection, or fitness for any specific purpose.
17. Specific Provisions Regarding the Agora Tool
The Agora desktop tool is available to Clients with valid subscriptions through the Company's portal. The license is non-exclusive, non-transferable, and revocable. Each user may install the tool on multiple devices but may only be logged in on one device at a time. The Company offers Standard Agora and Agora AI license types. Access is revoked immediately upon license expiration or removal.
18. Responsibility of the Clients
Clients must use the Company's products in good faith and in compliance with applicable laws and these Terms. Clients are responsible for indemnifying the Company against any damages resulting from misuse of the products or violation of these Terms.
19. Brand and Marketing Permissions
Client grants the Company the right to use the Client's name and logo on the Company's website, in earnings releases, and in marketing and promotional materials.
20. Company Information and Control Authorities
Legal Name: QualiBooth Ltd.
Organizational Form: Limited Liability Company
Registered Address: Bulgaria Blvd. No. 69, Office Tower B, Floor 7, Office 7.1, Sofia 1404, Bulgaria
EIK: 208260404
VAT: BG 208260404
Email: support@qualibooth.com
The Company's activities are subject to control by the Consumer Protection Commission (Sofia 1000, Slaveykov Square #4A; kzp.bg) and the Personal Data Protection Commission (cpdp.bg).
21. Acceptance and Amendment
These Terms are accepted when the Client clicks "I agree," "Subscribe now," or similar on the Company's website, or when the Client begins using the products or services. The Company may amend these Terms at any time by publishing updated terms on its website. Clients will be notified at least 7 days before changes take effect. Continued use of the services constitutes acceptance of the amended Terms.
22. Disputes and Applicable Law
These Terms are governed by the commercial and civil legislation of the Republic of Bulgaria. Disputes will first be resolved through negotiation, then mediation if necessary. If mediation fails, disputes will be referred to the Sofia District Court or Sofia City Court. These Terms were adopted on January 1, 2024.