Welcome to Devianops (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our SaaS platform, QUALI-D (“Service”), including our AI call analysis services and WhatsApp Business API chatbot functionality. By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

1. Service Description

QUALI-D is a subscription-based service that provides:

• AI-powered analysis of recorded calls for performance evaluation and insights
• WhatsApp Business API conversation analysis and chatbot functionality
• Analytics and reporting tools for customer service and sales performance
• Credit-based system for accessing analysis features

2. Account Registration and Security

• Account Creation: You must create an account to use our Service. You agree to provide accurate, current, and complete information during registration.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must immediately notify us of any unauthorized use of your account.
• One Account Per User: Each user may maintain only one active account unless explicitly authorized by Devianops.
• Account Updates: You must promptly update your account information to maintain its accuracy.

3. Subscription and Payment Terms

• Credit System: Our Service operates on a credit-based system. Credits must be purchased to access analysis features.
• Payments: All payments are processed through secure third-party payment processors. By making a purchase, you authorize us to charge your chosen payment method.
• Credit Validity: Credits are non-refundable and non-transferable. Unused credits expire after 12 months from the date of purchase.
• Pricing Changes: We reserve the right to modify our pricing with 30 days notice. Such changes will not affect previously purchased credits.
• Refund Policy: No refunds will be provided for unused credits or cancelled subscriptions unless required by law.

4. Data Processing and Storage

• Call Data: We do not store audio recordings. We process and store only the transcriptions and resulting analysis.
• WhatsApp Data: We store and process WhatsApp conversations, including message content and metadata, in compliance with our Privacy Policy.
• Data Retention: We retain data as outlined in our Privacy Policy and in accordance with legal requirements.
• Data Security: We implement industry-standard security measures to protect your data, but cannot guarantee absolute security.

5. API Integration and Third-Party Services

• WhatsApp Business API: Use of our WhatsApp integration features requires compliance with WhatsApp’s Business Policy and Terms of Service.
• Third-Party Services: The Service may integrate with third-party services. Your use of such services is subject to their respective terms and conditions.
• API Usage: We reserve the right to limit API calls or modify API functionality with reasonable notice.

6. User Obligations and Restrictions

• Lawful Use: You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations.
• Prohibited Activities: You must not:
  • Attempt to gain unauthorized access to the Service or its systems
  • Use the Service to store or transmit malicious code
  • Interfere with or disrupt the integrity of the Service
  • Share account credentials with unauthorized users
  • Reverse engineer or attempt to extract the source code of our Service
• Content Restrictions: You are solely responsible for all data, content, and communications processed through the Service.

7. Intellectual Property Rights

• Ownership: All rights, title, and interest in the Service, including all intellectual property rights, are owned by Devianops.
• License: We grant you a limited, non-exclusive, non-transferable license to use the Service as permitted by these Terms.
• Feedback: Any feedback, suggestions, or ideas you provide may be used by us without any obligation to compensate you.
• Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Service without our written permission.

8. Term and Termination

• Term: These Terms remain in effect until terminated by either party.
• Termination Rights: We may suspend or terminate your access to the Service:
  • For violation of these Terms
  • For engaging in fraudulent or illegal activities
  • If required by law or regulation
  • For extended periods of account inactivity
• Effect of Termination: Upon termination, your right to use the Service ceases immediately, and any unused credits are forfeited.

9. Warranties and Disclaimers

• Service Warranty: We warrant that the Service will perform materially in accordance with our published specifications.
• Disclaimer: THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• No Guarantee: We do not warrant that the Service will be uninterrupted, secure, or error-free.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT SHALL DEVIANOPS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
• OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.
• This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory.

11. Indemnification

You agree to indemnify and hold harmless Devianops and its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right

12. Changes to Terms

• We reserve the right to modify these Terms at any time.
• We will notify you of any material changes via email or through the Service.
• Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Egypt. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Egypt.