Acceptable Use Policy

PLEASE READ THIS ACCEPTABLE USE POLICY CAREFULLY BEFORE USING THIS SERVICE.

What is this policy for?

This acceptable use policy outlines the rules for using Quali.chat software and services (collectively, our Service). This policy is aimed at any individuals using the Service, whether those individuals are themselves direct users of Quali.chat, or are granted access to the Service by a user of Quali.chat.

Who we are and how to contact us

The Quali.chat Service is provided by Keypair Establishment, PEID / Steuernummer: 2528358, Vat-Nr.: 60 351.

We are a limited liability company based at Dr. Grass Str. 12, FL-9490 Vaduz.

To contact us, please email support@quali.chat.

By using our Service you agree to comply with this acceptable use policy

By using our Service, you confirm that you accept the terms in this acceptable use policy and that you agree to comply with them. You must be at least 16 years old to use our Service.

If you do not agree to this acceptable use policy, you must not use our Service.

You are also responsible for ensuring that all persons who access our Service through your internet connection are aware of this acceptable use policy and other applicable terms and conditions, and that they comply with them.

There are other terms that may apply to you

Please familiarize yourself with our other terms and policies available on the Service. 

We may make changes to this acceptable use policy

We may amend this acceptable use policy from time to time. Every time you wish to use our Service, please check this acceptable use policy to ensure you understand the terms that apply at that time. 

The Service may be suspended or withdrawn

We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You must keep your account details safe

You must treat your credentials as confidential. You must not disclose it to any third party and you must store it securely.

We have the right to deactivate and/or delete your account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this acceptable use policy.

If you know, or suspect that anyone other than you knows your credentials, you must promptly notify us at support@quali.chat.

Open-source 

Quali.chat is a software company that supports and incorporates open-source software components into its software, in accordance with the applicable open-source licence terms as referenced in the source code repository accessible via the Quali.chat website. Nothing in this acceptable use policy in respect to any open-source software component provided by us is intended to conflict with the applicable open-source licence, and in the event of any conflict the applicable open-source licence shall prevail.

What are your rights to use material on our Service

We are the owner or the licensee of all intellectual property rights in our Service, and in the material published on it, if any. Those works are protected by copyright laws and treaties around the world. Except in respect of those parts of the Service made available as open-source software, all such rights are reserved.

Our status (and that of any identified contributors) as the authors of content on our Service must always be acknowledged (except where the content is user-generated).

Except in respect of those parts of the Service which are available as open-source software components, you must not use any part of the content on our Service for commercial purposes.

If you copy, download, share or repost any part of our Service in breach of this acceptable use policy, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this Service

The content on our Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Service.

We make no representations, warranties or guarantees, whether express or implied, that the content on our Service is accurate, complete or up to date.

We are not responsible for third party links and services

Where and if our Service contains links to other sites or services and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked sites or services or information you may obtain from them.

We have no control over the content of those sites, services or resources.

User-generated content is not approved by us

The Service may include information and materials uploaded by other users of the Service, including social media pages, video-sharing Services, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Service do not represent our views or values and in no way you may hold us liable for such information and materials.

Complaint about or report content hosted by Quali.chat

If you become aware of any material hosted on Quali.chat servers that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, you may contact us on support@quali.chat.

Please note that we have limited ability to moderate hosted cloud users’ content (we cannot amend or delete content or suspend users) as we are generally not provided with access to such content by the user.

If we receive any such complaint about content, we shall contact the user with the details provided to us, and this shall be the extent of the action we can be required to take.

Responsibility for loss or damage 

Whether you are a natural person user or a legal entity user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services by Quali.chat, which will be set out in the relevant terms and conditions that apply to the services being provided.

If you are a business (legal entity) user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Service or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    • use of, or inability to use, our Service; or
    • use of or reliance on any content displayed on our Service.

  • In particular, we are not liable for:

    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a natural person user:

  • Please note that we only provide our Service for domestic and private use. You agree not to use our Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  • Please note that, as we are unable to access encrypted content, you will not generally be able to recover any stored encrypted content after you close your account.

Your personal information

You should read our Privacy Policy in order to get acquainted how we may use your personal information as set out therein: https://quali.chat/privacy.

Uploading content 

Whenever you make use of a feature that allows you to upload content to our Service, or to make contact with other users of our Service, you must comply with the content standards set out below in the section headed “Prohibited Uses.”

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Service will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to store that content. 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Service if, in our opinion, your post does not comply with the content standards set out in the section below headed “Prohibited Uses.”

You are solely responsible for securing and backing up your content.

Prohibited uses

You may use our Service only for lawful purposes. You may not use our Service:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in the section below headed “Content Standards.”
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • To share sexually explicit content.
  • To facilitate or enable the illegal distribution of illegal substances or controlled drugs.
  • To share graphic content related to violence, gore, and hate speech.
  • To share extremist views or radical political beliefs.
  • To engage in illegal activities such as doxxing and stalking.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Service in contravention of the provisions of our terms of use https://quali.chat/terms.
  • Not to access without authority, interfere with, damage or disrupt:

    • any part of our Service;
    • any equipment or network on which our Service is stored;
    • any software used in the provision of our Service; or
    • any equipment or network or software owned or used by any third party.

Content Standards

These content standards apply to any and all material which you contribute to our Service (Contribution), and to any interactive services associated with it.

The Content Standards must be followed in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Quali.chat will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in the Principality of Liechtenstein and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Quali.chat, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

Breach of this acceptable use policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use https://quali.chat/terms upon which you are permitted to use our Service, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Service.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our Service.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Bugs and viruses disclaimer

We cannot guarantee that the Service will be secure or free from bugs and viruses. You are obliged and agree to report any such vulnerabilities you discover to support@quali.chat and you are obliged and agree not to exploit any bugs or errors you discover on the Service.

You are responsible for configuring your information technology, computer programmes, mobile service and software to access our platform. We expressly advise you to use virus protection software on all your computer, mobile and software technology. You should use your own virus protection software.

You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform is stored or any server, computer or database connected to our platform. Non compliance or breaching such obligations may be considered a criminal offence under the applicable law and we will report any such breach to the competent authorities and provide them with our full cooperation, this including disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately. 

Governing law

Where and when applicable, given that it does not contradict to any law, regulation or statutory provision, the law of the Principality of Liechtenstein shall apply to this acceptable use policy, as to all our other terms and policies.

Place of jurisdiction for disputes arising under or in connection with this policy, including but not limited to its subject matter, formation, disputes on the validity and enforceability of its clauses, including any non-contractual disputes or claims is Vaduz, Liechtenstein.

However, Quali.chat reserves the right to bring an action before any other competent court of jurisdiction.