Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you (the “Customer” or “you”) and Qalyb (“Qalyb”, “we”, “us”) and govern your use of the website at qalyb.ai and any service or product we offer (the “Service”). By creating an account, accessing the Service, or clicking “I agree”, you accept these Terms. If you do not agree, do not use the Service.

These Terms are subject to the laws of the Sultanate of Oman, including the Electronic Transactions Law (Royal Decree 69/2008), the Consumer Protection Law (Royal Decree 66/2014) where applicable, and the Personal Data Protection Law (Royal Decree 6/2022).

1. The Service

Qalyb provides a software-as-a-service platform that enables Customers to design, deploy, and operate AI-powered voice and chat agents across multiple channels, including web widgets, telephony, and third-party messaging platforms such as WhatsApp Business. The Service includes administration tools, analytics, integrations, and APIs.

2. Accounts and eligibility

• You must be at least 18 years old and legally able to enter into a binding contract under the laws of Oman.
• You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
• You agree to provide accurate, complete, and current registration information and to keep it up to date.
• You may not share account access with parties outside your organization without our written consent.

3. Acceptable use

You agree not to use the Service to:

• violate any applicable law, including the laws of Oman, the rules of third-party platforms (such as the WhatsApp Business Solution Terms), and laws of any other jurisdiction in which your end users reside;
• send spam, unsolicited bulk messages, or any communication that violates anti-spam or messaging-platform rules;
• impersonate another person or business, or misrepresent your affiliation;
• process Personal Data without an appropriate legal basis under the PDPL;
• attempt to gain unauthorized access to the Service, its underlying systems, or other Customers' data;
• reverse-engineer, decompile, or otherwise attempt to derive source code, except to the extent permitted by law;
• use the Service to generate or distribute content that is unlawful, defamatory, harassing, infringing, or harmful;
• interfere with or disrupt the integrity or performance of the Service.

We may suspend or terminate accounts that violate these rules.

4. Customer content and data

You retain ownership of all content, configurations, prompts, knowledge bases, and data that you upload, configure, or generate through the Service (“Customer Content”). You grant Qalyb a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Customer Content solely for the purpose of providing and improving the Service. We do not use a Customer's conversation data to train general-purpose foundation models.

You are responsible for the lawfulness of Customer Content and for ensuring you have all rights and consents necessary to upload it and to operate AI agents that interact with your end users.

5. Third-party platforms

The Service can connect to and operate on third-party platforms, including the WhatsApp Business Platform operated by Meta. Your use of such platforms is governed by their own terms (for example, the WhatsApp Business Solution Terms and Meta Platform Terms). You are responsible for complying with those terms in addition to these Terms. We are not liable for changes, outages, or actions taken by third-party platforms.

6. Fees and billing

• Fees, if any, are set out in your subscription plan or order form. All fees are stated in the currency shown and are exclusive of taxes unless otherwise stated.
• Unless explicitly stated otherwise, payments are non-refundable.
• We may change pricing for future billing periods on at least 30 days' notice. Continued use after the new pricing takes effect constitutes acceptance.
• Late payments may result in suspension. You remain liable for fees accrued before suspension.

7. Data protection

We process Personal Data in accordance with our Privacy Policy and the PDPL. Where we process Personal Data on your behalf, we act as a Data Processor and you remain the Data Controller. You agree to provide all notices and obtain all consents required from your end users for the processing carried out through the Service.

8. Intellectual property

Qalyb, the Service, our trademarks, logos, and all software, content, and materials provided by us (excluding Customer Content) are owned by Qalyb or our licensors and are protected by intellectual property law. These Terms grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service in accordance with these Terms. No other rights are granted.

9. Service levels and changes

We work to keep the Service available and reliable, but we do not guarantee uninterrupted operation. We may modify, add, or remove features at any time. Where a change materially reduces the Service, we will give reasonable notice through the Service or by email.

10. Disclaimers

To the maximum extent permitted by Oman law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that AI-generated outputs will be accurate, appropriate, or free of errors. You are responsible for reviewing outputs before relying on them in production.

11. Limitation of liability

To the maximum extent permitted by law, Qalyb's total aggregate liability arising out of or related to these Terms or the Service shall not exceed the amounts paid by you to Qalyb in the 12 months preceding the event giving rise to the claim. We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or goodwill. These limitations do not apply to liability that cannot be excluded under Oman law.

12. Indemnity

You agree to defend and indemnify Qalyb against claims by third parties arising out of (a) Customer Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of any right of a third party.

13. Suspension and termination

Either party may terminate these Terms for material breach not cured within 30 days of written notice. We may suspend the Service immediately if your use poses a security or legal risk, if a third-party platform requires it, or for non-payment. Upon termination, your right to use the Service ends and we will delete Customer Content according to our retention practices.

14. Changes to these Terms

We may revise these Terms from time to time. The “Last updated” date at the top reflects the most recent revision. We will notify you of material changes through the Service or by email. Continued use of the Service after a change constitutes acceptance.

15. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the Sultanate of Oman. Any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the courts of Muscat, Sultanate of Oman, without prejudice to mandatory consumer protections that may grant you additional rights in your country of residence.

16. Miscellaneous

• Entire agreement: these Terms, together with the Privacy Policy and any order form, constitute the entire agreement between the parties on this subject.
• Severability: if any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver: failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment: you may not assign your rights or obligations without our written consent. We may assign these Terms to an affiliate or in connection with a merger or sale of assets.
• Notices: we may give notices by email to the address on file or through the Service. Notices to Qalyb should be sent to legal@qalyb.ai.

17. Contact

Questions about these Terms? Contact legal@qalyb.ai.