Terms of Service

These terms are a contract between Qwalify LLC ("Qwalify", "we") and the business that subscribes to Qwalify ("you"). The Privacy Policy is part of them. Whoever accepts these terms, by ticking the box at sign-up or by using Qwalify, confirms they are authorized to bind that business.

Everybody you give a seat to uses Qwalify under these terms. You are responsible for what they do in it as if you had done it yourself.

Qwalify is for businesses in the United States, used in the course of their business. It is not for personal, family or household use. You and everybody you give a seat to must be at least 18.

Qwalify is licensed per seat, per month. A seat belongs to one named person and is not shared. Two people using one sign-in breaches these terms, and it also breaks the record of who did what.

You add and remove people yourself. Adding a person needs a spare seat; buying one takes effect immediately and is charged for the rest of the period. Removing a person frees their seat either immediately or at the end of the billing period, which you choose at the time.

You are responsible for keeping sign-ins private, for removing access when somebody leaves, and for telling us promptly at hello@qwalify.app if you think an account has been used without permission.

A new subscription starts with a 14-day free trial. A card is taken when you sign up, nothing is charged during the trial, and the first monthly charge falls on day 15 unless you cancel before then. After that the subscription renews every month until it is cancelled.

Seats are billed monthly in advance. Changing seat counts mid-period is prorated and invoiced at the time of the change rather than held to the next cycle. Prices do not include taxes; you pay any sales, use or similar taxes on what you buy, other than taxes on our income.

We may change prices with at least thirty days' notice by email. A new price applies from your next billing period after the notice ends; if you would rather not pay it, cancel before then.

Payments are taken by Stripe. Except where these terms say we will give money back, fees are not refundable, including for a partly used period.

If a payment fails, Stripe keeps trying for about two weeks and we tell you. During that time the product carries on working. If it has still not been paid at the end of it, the account becomes read-only: you keep access to everything and can export it, but records cannot be changed until it is settled.

Each seat carries a monthly allowance of AI credits, which the product shows you as you use them. Credits have no cash value, cannot be transferred and do not roll over. Running out stops AI features until the next period, or until we add credits at your request; nothing else about the product stops working. We may set daily limits per person to protect the service.

"Your data" means everything you or your people put into Qwalify, or ask Qwalify to fetch for you: deals, borrowers, properties, contacts, lenders, notes, chat messages and documents, including documents your clients upload through a request link. It stays yours.

You allow us to host, copy, process, transmit and display your data only as needed to provide, secure and support Qwalify for you, and as the law requires. We do not sell your data and do not use it to train AI models. We may use information about how the service is used, such as which features are used and how often, but not the contents of your records, to run and improve Qwalify.

Your clients, borrowers and contacts are yours, and so is the duty to treat their information lawfully. You are responsible for:

• having the right to put each piece of data into Qwalify and to have us process it;
• giving any notices and getting any consents the law requires, including from the people whose information you enter or ask to upload;
• complying with the laws that apply to your business, including those on lending, consumer finance, fair lending and fair housing, privacy and information security, credit reports, and marketing;
• holding any licenses your business needs;
• the accuracy of what you enter, and what you decide to request from clients or share with others.

Qwalify is not built to store payment card numbers. Do not enter them in notes or other fields.

Qwalify does not originate, arrange, approve, fund, price or service loans, and it is not a party to any transaction you work on. Nothing in Qwalify is legal, tax, financial, credit or investment advice, an appraisal, or a commitment by anybody to lend.

Information about lenders, their programs and their guidelines, and market rates and indexes drawn from public sources, can be incomplete, delayed or out of date. A lender appearing in Qwalify, or appearing to fit a deal, does not mean it will lend. Confirm terms with the lender before you or your clients rely on them.

Qwalify can read an inquiry into a deal, read a business card into a contact, look up and research a property's public record, estimate its value, shortlist lenders, write a meeting's note from its recording, and read a loan document into a recorded loan's terms. All of it produces a draft for a person to check.

Running an AI feature sends what it needs to our AI provider, named in the Privacy Policy. Before you run one on a document, make sure you may share it: lender agreements, confidentiality agreements and loan documents can limit sharing with outside service providers, and under section 7 having that right is yours to check. Qwalify asks you to confirm it each time a loan document is read, and relies on that confirmation.

A value estimate is not an appraisal and must not be used as one. AI output, property records and address suggestions come from models and outside providers; they can be wrong or missing, and none of it is guaranteed. You remain responsible for every decision you make and every deal you place. Treat what Qwalify produces the way you would treat a first-year analyst's notes: useful, and checked before anybody relies on them.

Address suggestions are provided by Google. By using them you agree to be bound by the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy. We may change the providers behind any feature.

We keep administrative, technical and physical safeguards designed to protect your data, which the Privacy Policy describes. If we confirm that your data has been accessed without authorization, we will tell you without undue delay, say what we know, and help you meet any notice duties you have.

For your clients' information we act as your service provider: we process it on your behalf and on your instructions, only to provide Qwalify, and we do not sell or share it.

Our staff do not look at your data except when you ask us to help with something, when we need to keep the service running or secure or to investigate a breach of these terms, or when the law requires it. When staff view Qwalify as one of your people to help you, the view is read-only, ends after thirty minutes and is permanently logged.

You will not, and will not let anybody else:

• put data into Qwalify that you have no right to hold or share;
• use Qwalify to break the law, including the laws on lending, fair housing and privacy;
• try to reach another business's records, or test or get around Qwalify's security or limits;
• upload anything malicious, or interfere with the service or other customers;
• scrape Qwalify, or reach it by automated means other than features we provide;
• copy, resell or sublicense Qwalify, or take it apart (including reverse engineering) to build a competing product;
• share a seat, or use one seat for more than one person.

We may suspend access, for one person or a whole account, if we reasonably believe it is needed to protect the service, other customers or the people whose data is in it, because of a breach of section 11, or because the law requires it. We will tell you first where we reasonably can, keep the suspension no wider or longer than needed, and restore access once the reason has gone. Non-payment is handled as section 4 describes.

Features marked beta are offered to try. They may change or be withdrawn, and are provided as they are, without any commitment in these terms about how they perform.

Qwalify, its software, design and content (other than your data) belong to us and our licensors. While you are subscribed, we give you a limited, non-exclusive, non-transferable right for your people to use it for your business under these terms. Nothing else is granted.

If you send us ideas or feedback, we may use them freely and without owing you anything.

Each of us will keep the other's non-public business information confidential, use it only for this agreement, and protect it with reasonable care. That does not cover information that is public through no fault of the receiving side, was already known to it, or is independently developed. Either side may disclose information where the law requires, giving notice first where it lawfully can.

We improve Qwalify continually and may add, change or remove features. If we remove something in a way that materially reduces what you are paying for, we will tell you in advance, and you may cancel and get back the unused part of what you have paid.

You can cancel at any time from the Billing page, effective at the end of the period you have paid for (or of the trial). Your data stays available for thirty days afterwards so you can export it. After that we delete it, except where the law requires us to keep something, and copies in backups are overwritten on their normal cycle.

We can end an account for non-payment after the retry period, or immediately for a serious breach of these terms. If we end an account for any other reason, we will give thirty days' notice and refund the unused part of what you have paid.

Sections 6, 7, 8, 9, 14, 15 and 18 to 24 continue after the agreement ends, as does anything you owe us.

QWALIFY, INCLUDING ITS AI FEATURES, LENDER INFORMATION, MARKET DATA, PROPERTY RECORDS, VALUE ESTIMATES AND ADDRESS SUGGESTIONS, IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT QWALIFY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION IN IT IS COMPLETE OR CORRECT.

We do aim to keep the service available, keep it backed up, and fix what breaks. We do not promise a specific uptime percentage.

TO THE EXTENT THE LAW ALLOWS: (A) NEITHER SIDE IS LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OR GOODWILL, EVEN IF TOLD THEY WERE POSSIBLE; (B) WE ARE NOT LIABLE FOR ANY LOSS ARISING FROM A LOAN, A LENDING OR UNDERWRITING DECISION, A MISSED DEADLINE, OR RELIANCE ON AI OUTPUT OR OUTSIDE DATA; AND (C) OUR TOTAL LIABILITY FOR ALL CLAIMS TOGETHER IS LIMITED TO THE GREATER OF WHAT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS.

These limits do not apply to your obligation to pay what you owe, to your obligations under section 20, to fraud or willful misconduct, or to anything that cannot be limited by law.

You will defend Qwalify, its owners and its staff against any claim by somebody else, and pay the resulting losses, costs and reasonable attorneys' fees, to the extent the claim arises from your data, your business and the loans and transactions you work on, your people's use of Qwalify, or your breach of these terms or of the law. We will tell you promptly about the claim, let you control its defense (you may not settle it in a way that admits fault for us or binds us without our consent), and cooperate at your expense.

To the extent the law allows, a claim arising out of these terms or Qwalify must be brought within one year after it arose, or it is barred. This does not apply to claims for unpaid fees.

These terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute arising out of them or out of your use of Qwalify will be brought only in the state or federal courts located in Riverside County, California, and both sides consent to those courts.

We send notices by email to your account owner, or show them in Qwalify. Notices to us go to hello@qwalify.app. You agree to receive this agreement, notices, invoices and other communications electronically, and that they satisfy any requirement that they be in writing.

These terms and the Privacy Policy are the whole agreement between us about Qwalify and replace anything said before. If any part is held unenforceable, it is enforced as far as it can be and the rest stays in force. Not enforcing a term is not a waiver of it. You may not transfer this agreement without our written consent; we may transfer it to a successor in a merger, acquisition or sale of our business. Neither side is liable for delay caused by events beyond its reasonable control. We are independent contractors, and nobody else has rights under these terms. You will not use Qwalify in breach of United States export or sanctions laws.

We will give thirty days' notice by email before a material change. Carrying on using Qwalify after that accepts it; if you would rather not, cancel before it takes effect and we will refund the unused part of the period.