Last Updated: April 14, 2025
THIS AGREEMENT CONTAINS BINDING CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 17 BELOW THAT ARE APPLICABLE TO YOU AND US.
These Terms of Service ("Terms," "Agreement") are an agreement between JQAiSolution LLC ("JQ AI Solution," "We," "us") and the person (natural or legal) ("You," "Your," "Customer") and govern Your use of the jqaisolution.com website ("Site"), as well as JQ AI Solution professional and enterprise services ("Services"). Your use of the Site and Services is conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein, including but not limited to JQAiSolution LLC's Privacy Policy (the "Privacy Policy"), as amended from time to time.
If You are accessing or using the Site or the Services on behalf of Your company, You certify that You have the authority to accept this Agreement on behalf of it. By signing up, accessing, or using the Site or the Services, You acknowledge Your acceptance of this Agreement and consent to be bound by its terms and conditions. Violations of these Terms may result in termination of Service and legal action against You.
Do not use the Site or the Services if You do not agree to the Terms or if Your jurisdiction will not honor them. Persons under the age of 13 are not authorized to use the Site.
1.1 Cloud Service: JQ AI Solution is a platform that enables You to build call operation AI Agents. Our service includes a versatile API for anyone building AI for voice interactions, number provisioning, call handling, and a dashboard for customization and integration, such as customer service, outbound sales calls, information gathering, and survey.
1.2 Professional Services: Beyond standard technical support, JQ AI Solution offers customized professional services which include personalized consultations, advanced implementation assistance, optimization strategies, and more, tailored to Your specific needs. Please contact us with any questions or requests, and a member of our team will help You choose the Services and solutions that will be most suitable to meet Your needs.
2.1 Payment: The information about JQ AI Solution's service plans is posted on our pricing page. Services are charged on a monthly basis ("Subscription Period"). Upon signing up, You will provide JQ AI Solution with a valid credit card number and billing information. You authorize JQ AI Solution to charge and/or place a hold on Your credit card with respect to any unpaid charges related to the Services. All fees are non-refundable except as required by law or as otherwise expressly provided for in these Terms.
2.2 Subscription: If You wish to cancel the service, You must delete Your workspace or remove all subscription-based items (e.g., phone numbers) before the end of the current Subscription Period. Failure to do so will result in the automatic renewal of the subscription items for the next Subscription Period, and You will be responsible for the applicable fees.
2.3 Automatic Payment: You authorize JQ AI Solution and/or any other company acting as billing agent for JQ AI Solution to charge Your credit card at the end of the month, and to continue to attempt to charge all sums described herein to Your credit card until such amounts are paid in full.
2.4 Credit Card on File: You will provide JQ AI Solution with updated credit card information upon request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. JQ AI Solution is not liable for any penalties or administrative fees assessed by Your card issuer.
2.5 Late Payment Fee: If the automatic payment method fails, You will be issued an invoice with a 14-day due date. If the invoice remains unpaid by the due date, a 7-day grace period will be provided. JQ AI Solution reserves the right to suspend or stop Services automatically if payment is not received within this grace period. You agree that for amounts not paid by the due date, We may charge a late payment fee equal to the lesser of 10% of the past due amounts or the maximum allowed by law.
2.6 Service Changes: JQ AI Solution may change the rates at any time by posting such change on our pricing page. The new rate will apply to Your next billing cycle after the new rates have been published. If You do not accept the new rates, do not use the Service.
Customer is solely responsible for (i) its use of the Services, (ii) all content, data, and inputs it provides, (iii) compliance of its use with applicable laws and regulations, and (iv) maintaining the confidentiality of its account credentials.
JQ AI Solution's Acceptable Use Policy constitutes an integral part of these Terms and is designed to prevent fraud and abuse of the Services and facilitate compliance with applicable laws among our Customers. Any use of the Services or any other action that disrupts the integrity of any JQ AI Solution system or service, whether directly or indirectly, is strictly prohibited and could result in immediate termination of the Services.
You agree that You will not use the Services in ways that violate laws, infringe the rights of others, or interfere with the users or equipment of the Services. You shall use the Services only for lawful purposes. JQ AI Solution reserves the right to immediately terminate Your Services if, in our sole and absolute discretion, we determine that You have used the Services for an unlawful purpose.
You must not use the Services in violation of the applicable laws governing the making and sending of calls and text messages. Relevant laws and regulations include, but are not limited to, the Telephone Consumer Protection Act (TCPA), the FTC's Telemarketing Sales Rule (TSR), the Do-Not-Call (DNC) registry, state telemarketing laws, and federal and state anti-wiretapping or eavesdropping laws. Among other things, these laws and regulations may:
If consumer consent is required under the applicable laws to place calls using JQ AI Solution's technology, Customer is required to document proof of the required level of consent and preserve such documentation for no less than five years. JQ AI Solution retains the right to audit Your use of our Services to ensure compliance.
Customers using AI voice for outbound calls must ensure their systems scrub phone numbers against applicable Do-Not-Call (DNC) lists regularly and in no event less frequently than every 31 days.
You shall not use our Services to offer or make fraudulent goods, services, schemes, or promotions available to others. Providing altered, deceptive, or false information about the sender's identity or a call's origin is expressly prohibited. You shall only use the AI voices You have the rights to use under applicable laws and licenses. You must not use the voices of real people (or deceptively similar voices) without their consent.
5.1 You agree to indemnify, defend and hold harmless JQ AI Solution, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of or inability to use the Site or Services, Your violation of any terms of this Agreement, or Your violation of any rights of a third party or applicable laws. This indemnification expressly covers any claims, damages, or regulatory fines (including the TCPA or similar statutes) arising from Your improper or unlawful use of the Services.
5.2 JQ AI Solution will defend Customer against any claim brought by a third party that the Services, as provided by JQ AI Solution and used in accordance with this Agreement, infringe or misappropriate such third party's intellectual property rights, and JQ AI Solution will pay any damages finally awarded against Customer in connection with such claim. JQ AI Solution shall have no obligation under this Section to the extent the alleged infringement arises from (a) modifications to the Services not made by JQ AI Solution, (b) combination of the Services with products not provided by JQ AI Solution, (c) Customer's use of the Services in breach of this Agreement, or (d) use of an outdated version of the Services where use of a newer version would have avoided the claim.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND JQ AI SOLUTION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JQ AI SOLUTION MAKES NO WARRANTY THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. JQ AI SOLUTION IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.
JQ AI SOLUTION DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH THE USE OF THE SERVICES. CUSTOMER ACKNOWLEDGES THAT ANY DATA OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE AT CUSTOMER'S SOLE RISK AND DISCRETION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JQ AI SOLUTION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO CUSTOMER.
From time to time JQ AI Solution may offer beta, evaluation, or trial versions of the Services. Such Services are provided "as-is" without any warranties or commitments of any kind, and JQ AI Solution shall have no liability arising from or relating to Customer's use of beta, evaluation, or trial Services.
The Services are not designed for use in connection with medical, emergency, aviation, nuclear, or other inherently dangerous or safety-critical environments, and JQ AI Solution disclaims all liability for use of the Services in such contexts.
JQ AI SOLUTION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR (B) ONE HUNDRED DOLLARS ($100) IF YOU ARE USING THE SERVICES UNDER A FREE TRIAL, PILOT, BETA PROGRAM, OR OTHER UNPAID ARRANGEMENT. THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL NOT APPLY TO CUSTOMER'S INDEMNIFICATION OBLIGATIONS, BREACH OF THE ACCEPTABLE USE POLICY, OR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS.
10.1 In General: All rights, title, and interests in the Service, Site, and any content contained herein are the exclusive property of JQ AI Solution, except as otherwise stated. Customer is expressly prohibited from reverse engineering, decompiling, or otherwise attempting to derive source code or underlying models. JQ AI Solution retains ownership of all platform intellectual property, models, algorithms, and any derivative works thereof.
10.2 Limited License: Subject to Your compliance with these Terms, JQ AI Solution grants You a limited, non-exclusive, non-transferable, and revocable license to access and use the Service and the Site for Your personal or internal business purposes. This license does not include any right to modify, reverse engineer, sublicense, sell, or create derivative works based on the Service.
10.3 User-Generated Content: You retain ownership of any content You submit, upload, or provide to the Site or Service ("User Content"). By submitting User Content, You grant JQ AI Solution a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with the Service.
10.4 AI-Generated Content: JQ AI Solution or its licensors retain ownership of the underlying AI models and algorithms used to generate AI-Generated Content. You are granted a license to use the AI-Generated Content for Your personal or internal business purposes, subject to the restrictions outlined in these Terms. JQ AI Solution does not claim ownership of ideas or information You provide as inputs.
10.5 Feedback: If You provide JQ AI Solution with any feedback, suggestions, or ideas regarding the Service ("Feedback"), You grant JQ AI Solution a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to compensate You.
If You do not opt-out of recording, You give JQ AI Solution permission to record calls made using the Service and process communication data and User Content for offering AI-powered analytics and the development, training, and improvement of artificial intelligence and machine learning models. Before being used for these purposes, the data will be de-identified and aggregated using commercially reasonable industry-standard technologies. JQ AI Solution shall implement commercially reasonable security measures to protect recorded data and shall notify Customer without undue delay in the event of a data breach affecting Customer Data.
JQ AI Solution shall use commercially reasonable efforts to maintain at least 99.5% uptime for the Services, excluding scheduled maintenance windows (not to exceed six (6) hours per month) and events of force majeure. Support response times and escalation procedures may be set out in a separate SLA document.
JQ AI Solution shall implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, or disclosure. JQ AI Solution will notify Customer without undue delay following discovery of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data. Customer remains responsible for securing its own access credentials and for all activity under its accounts.
JQ AI Solution respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
JQ AI Solution reserves the right to modify these Terms at any time in its sole discretion. Updated versions of the Terms will be posted on the Site and are effective immediately. Your continued use of the Site after any such changes constitutes Your acceptance of the new Terms. JQ AI Solution encourages You to periodically review the Terms to stay informed of our updates.
Customer represents and warrants that it is not located in a country subject to U.S. Government sanctions and is not a prohibited party under applicable export control laws. Customer shall not use or permit others to use the Services in violation of U.S. export control laws or regulations.
17.1 Pre-Trial Dispute Resolution: For all disputes, You must first give us an opportunity to resolve Your claim by sending a written description of Your claim to the address in Section 24 below. We each agree to negotiate in good faith. If we do not resolve the claim within 60 days, You may pursue Your claim in court.
17.2 CLASS ACTION WAIVER: WE (YOU AND JQ AI SOLUTION) EACH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE CLASS ACTION WAIVER WILL BE VOID AS TO YOU.
17.3 JURY TRIAL WAIVER: YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY.
17.4 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice of law or conflict of law provisions.
17.5 Exclusive Jurisdiction: The state and federal courts in the State of Delaware shall have exclusive jurisdiction to hear and determine any claims or disputes arising out of or relating to this Agreement.
In the event of a conflict between these Terms and any order form, proposal, or SLA, these Terms shall control unless expressly stated otherwise in such order form or SLA.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
You may not transfer or assign this Agreement or any of Your rights or obligations under it, by operation of law or otherwise, without our prior written consent. We may transfer or assign all or part of this Agreement without notice.
Sections relating to Intellectual Property Rights, Indemnification, Limitation of Liability, Governing Law, Export Control, and any provisions which by their nature should survive, shall survive termination or expiration of this Agreement.
Neither party shall be liable for any default or delay in the performance of its obligations (excluding payment obligations) if such default or delay arises out of causes beyond their reasonable control, including acts of God, fires, acts of war or terrorism, civil disorders, labor disputes, medical emergencies including pandemics, network problems, and any other catastrophes or government orders.
JQ AI Solution has the right, but not the obligation, to monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. If we determine that You violated this Agreement, we may terminate, suspend, modify, or limit Your Service. Any waiver of or failure to enforce any provision in one instance shall not be construed as a waiver of any provision or right in another instance.
If You have any questions, concerns, comments, or complaints regarding Your Services, Your bill, or this Agreement, please get in touch with JQAiSolution LLC using the following information: