Terms of Service

These Terms of Service ("Terms") govern your use of Quallaa's AI-powered SMS communication services. By using our services, you agree to these Terms.

1. Service Description

Quallaa provides an AI-powered SMS communication service for businesses, including:

• Automated review request messaging
• Missed call text-back responses
• Estimate follow-up sequences
• AI-powered customer conversation handling
• Dedicated business phone number
• Interactive certification training before AI activation

2. SMS Messaging Consent

By using our service to send messages to your customers:

• You confirm you have obtained proper consent from recipients to receive SMS messages
• You agree to honor all opt-out requests immediately
• You will not use the service for spam, illegal, or deceptive purposes
• You are responsible for complying with TCPA, CTIA guidelines, and applicable laws

3. End Customer SMS Terms

For customers receiving SMS messages through our service:

• Opt-Out: Reply STOP to any message to unsubscribe
• Help: Reply HELP for assistance
• Message Frequency: Varies; typically 1-5 messages per service interaction
• Carrier Charges: Message and data rates may apply
• No Sharing: Your mobile phone number and SMS opt-in data will not be shared, sold, or rented to third parties for marketing or promotional purposes. Text messaging opt-in data and consent will not be shared with any third parties except aggregators and providers of text messaging services (such as Twilio) as necessary to deliver messages
• Support: Contact the service provider directly or email support@quallaa.com

4. Your Responsibilities

As a business using our service, you agree to:

• Complete required certification training before AI features are activated
• Provide accurate business and contact information
• Only message customers who have a legitimate business relationship with you
• Not use the service for marketing to purchased lists or cold outreach
• Keep your Google review link and business information current
• Review AI-generated conversations regularly to ensure quality
• Pay all fees on time according to your subscription plan

5. Prohibited Uses

You may not use our service to:

• Send unsolicited messages or spam
• Harass, threaten, or abuse any person
• Transmit illegal, fraudulent, or deceptive content
• Impersonate another business or person
• Violate any applicable laws or regulations
• Interfere with or disrupt our services

6. Pricing and Payment

Service pricing includes:

• Setup Fee: One-time fee for account configuration and phone number provisioning
• Monthly Subscription: Recurring fee based on your selected plan
• Message Limits: Plans include a monthly message allocation; overages may apply
• Billing: Charged monthly via credit card on file

Specific pricing is detailed in your service agreement.

7. Service Availability

We strive for high availability but do not guarantee uninterrupted service. Message delivery depends on carrier networks and recipient device availability. We are not liable for messages that fail to deliver due to factors outside our control.

8. AI-Generated Content & Compliance

Our service uses AI to generate responses to customer messages. While we strive for accuracy and helpfulness, AI responses may occasionally be imperfect. You are responsible for reviewing how the AI represents your business and may request adjustments to messaging tone and content. Completion of our interactive certification program demonstrates your understanding of AI capabilities, limitations, and your responsibilities as an operator.

AI Disclosure & Colorado AI Act: Quallaa is designed for compliance with the Colorado AI Act (effective June 2026) and FTC guidance on AI transparency. By default, first messages to customers include an AI disclosure statement. You may customize the disclosure text in your guardrails settings. Disabling disclosure for Colorado customers may expose you to regulatory risk. Quallaa logs disclosure compliance for every conversation as part of your audit trail.

Guardrails: During certification, you configure AI guardrails including services offered, pricing guidance, escalation rules, and disclosure preferences. These guardrails control what the AI will and won't discuss on your behalf. You can update guardrails at any time from your portal settings. Quallaa enforces these guardrails automatically but does not guarantee that AI responses will always perfectly comply with your configuration.

9. Limitation of Liability

To the maximum extent permitted by law:

• Our liability is limited to the fees paid for services in the past 3 months
• We are not liable for indirect, consequential, or punitive damages
• We are not responsible for actions taken by customers based on AI-generated messages
• Services are provided "as is" without warranty of any kind

10. Termination

Either party may terminate service:

• By You: Cancel anytime with 30 days notice; no refunds for partial months
• By Quallaa: We may suspend or terminate for Terms violations, non-payment, or at our discretion with notice
• Data: Upon termination, we retain data per our Privacy Policy retention schedule

11. Indemnification

You agree to indemnify and hold Quallaa harmless from claims arising from your use of the service, including violations of these Terms, applicable laws, or third-party rights.

12. Governing Law

These Terms are governed by the laws of the State of Colorado. Disputes will be resolved through binding arbitration in Denver, Colorado.

13. Changes to Terms

We may update these Terms at any time. We will notify active users of material changes via email. Continued use of our services constitutes acceptance of updated Terms.

Contact Information

For questions about these Terms:

Email: support@quallaa.com

Address: Quallaa LLC, Denver, Colorado