Terms of Service

SaaS Platforms

• REVEAL: AI-powered root cause analysis platform for text and audio data analytics, pattern recognition, sentiment analysis, and predictive modeling
• DMAIC Tool: Comprehensive process improvement platform implementing Define, Measure, Analyze, Improve, and Control methodologies for systematic business optimization
• ETIA: Enterprise AI assistant suite including Process Optimizer, Supervisor Assistant, WFM Assistant, and Finance Assistant

Professional Services (TaaS)

• AI implementation consulting and strategy development
• Custom AI/ML model development and training
• Process optimization consulting
• Six Sigma and DMAIC methodology consulting
• Technical integration support and training

API Services

RESTful APIs providing programmatic access to our AI models, analytics engines, and data processing capabilities, subject to usage limits specified in your subscription plan.

Eligibility Requirements

To use our Services, you must:

• Be a business entity or organization with legal capacity to enter into binding contracts
• Be at least 18 years of age (for individual representatives)
• Provide accurate, current, and complete information during registration
• Comply with all applicable laws and regulations in your jurisdiction
• Not be located in, or a national or resident of, any country subject to international sanctions or embargoes

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities occurring under your account, including those of authorized users
• Immediately notifying us of any unauthorized access or security breaches
• Ensuring your team members comply with these Terms
• Implementing appropriate internal access controls and authentication measures

Account Information

You agree to provide and maintain accurate, complete, and up-to-date account information, including billing details, contact information, and authorized user lists. Failure to maintain accurate information may result in service interruption or termination.

Subscription Plans

Our Services are offered through various subscription tiers (Starter, Professional, Enterprise, Custom) with different features, usage limits, and pricing. Subscription details, including pricing and features, are available on our website and in your subscription agreement.

Billing Cycle

Subscriptions are billed on a recurring basis (monthly or annually) as selected during registration. Your subscription automatically renews at the end of each billing period unless cancelled in accordance with Section 14.

Payment Terms

• Payment is due at the beginning of each billing period
• You authorize us to charge your designated payment method for all fees
• Enterprise accounts may be invoiced with net-30 payment terms
• All fees are non-refundable except as expressly stated in these Terms or required by law
• Prices are exclusive of applicable taxes, which you are responsible for paying

Usage-Based Fees

Certain features and API usage may incur additional charges based on consumption (e.g., API calls, data processing volume, storage). Overage charges will be billed monthly and are due upon receipt of invoice.

Price Changes

We reserve the right to modify our pricing with 30 days' advance notice for existing customers. Price changes will take effect at the start of your next billing period. Continued use of the Services after a price change constitutes acceptance of the new pricing.

Late Payment and Suspension

If payment is not received within 10 days of the due date, we may suspend access to the Services until payment is received. Accounts with payments overdue by more than 30 days may be terminated, and outstanding balances may be sent to collections.

Acceptable Use Policy

You agree to use the Services only for lawful business purposes and in compliance with all applicable laws. You shall not:

• Violate any applicable local, national, or international law or regulation
• Infringe upon or misappropriate any intellectual property or proprietary rights
• Upload, transmit, or process any malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to our systems, networks, or other customers' accounts
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use the Services to develop competing products or services
• Remove, obscure, or alter any proprietary notices or labels
• Engage in any activity that interferes with or disrupts the Services
• Process or analyze data in violation of applicable privacy laws or third-party rights
• Use the Services to make critical decisions affecting health, safety, or legal rights without appropriate human oversight
• Resell, sublicense, or transfer access to the Services without our prior written consent
• Engage in web scraping, data harvesting, or automated data collection from our platforms

Prohibited Content

You shall not upload, process, or transmit through the Services any content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Violates any third party's rights, including intellectual property, privacy, or publicity rights
• Contains viruses, malware, or other harmful computer code
• Contains personal data of individuals without appropriate legal basis and consent
• Is subject to export control or economic sanctions regulations

Customer Data Responsibilities

You are solely responsible for:

• The accuracy, quality, legality, and integrity of Customer Data
• Obtaining all necessary rights, permissions, and consents to process Customer Data through our Services
• Ensuring compliance with applicable data protection laws (GDPR, CCPA, etc.)
• Maintaining appropriate backups of your data
• Determining the appropriateness of using AI-generated outputs for your specific use cases

Compliance with Laws

You represent and warrant that your use of the Services complies with all applicable laws, including but not limited to data protection laws, export control regulations, anti-money laundering laws, and industry-specific regulations applicable to your business.

Our Intellectual Property

The Services, including all software, algorithms, AI models, user interfaces, designs, documentation, and related materials, are owned by FQ Central or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms grant you no right, title, or interest in our intellectual property except as expressly provided herein.

License Grant to Customer

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the subscription term solely for your internal business purposes as permitted by your subscription plan.

Customer Data Ownership

You retain all right, title, and interest in and to your Customer Data. By uploading or providing Customer Data to the Services, you grant us a limited license to process, store, and analyze such data solely for the purpose of providing the Services, improving our AI models (in aggregated, anonymized form), and as described in our Privacy Policy and Data Processing Agreement.

AI-Generated Outputs

Outputs generated by our AI/ML models based on your Customer Data ("AI Outputs") are provided to you under the same limited license. You are responsible for reviewing and validating AI Outputs before use in your business decisions. We do not claim ownership of AI Outputs specific to your data, but reserve rights to underlying models, algorithms, and methodologies.

Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize such Feedback without any obligation to you.

Trademark Rights

"FQ Central", "REVEAL", "DMAIC", "ETIA", and our logos are trademarks of FQ Central. You may not use our trademarks without our prior written permission, except as necessary to identify us as the provider of the Services.

API Access

API access is provided subject to your subscription plan limits. You must use API keys provided by us for authentication. You are responsible for maintaining the confidentiality of your API keys and for all activities using your credentials.

Rate Limits and Quotas

API usage is subject to rate limits and quotas as specified in your subscription plan. We reserve the right to throttle or temporarily block API requests that exceed these limits. Persistent violation of rate limits may result in suspension of API access.

API Modifications

We may modify, update, or discontinue API endpoints with reasonable notice. We will maintain backward compatibility for major API versions for at least 12 months after announcing deprecation. You are responsible for updating your integrations to accommodate API changes.

API Restrictions

You shall not:

• Exceed the rate limits or quotas specified in your plan
• Share or distribute your API keys to unauthorized parties
• Cache API responses beyond reasonable operational needs
• Use the API to create a substitute or similar service
• Attempt to circumvent API security measures or access controls

API Monitoring

We monitor API usage to ensure security, stability, and compliance with these Terms. We may analyze API usage patterns to improve our Services and detect misuse.

Data Processing Agreement

To the extent that we process personal data on your behalf in providing the Services, the terms of our Data Processing Agreement (DPA) apply, which is incorporated into these Terms by reference. Our DPA complies with GDPR, CCPA, and other applicable data protection laws.

Roles and Responsibilities

For personal data processed through the Services:

• You are the Data Controller (or Business under CCPA), determining the purposes and means of processing
• We act as a Data Processor (or Service Provider under CCPA), processing data on your instructions
• You must ensure you have appropriate legal bases for processing and transferring personal data to us
• We will process personal data only as instructed by you and as necessary to provide the Services

Security Measures

We implement industry-standard technical and organizational security measures to protect Customer Data, including:

• Encryption of data in transit (TLS 1.3+) and at rest (AES-256)
• Regular security assessments and penetration testing
• Access controls and authentication mechanisms
• Employee security training and background checks
• Incident response and business continuity procedures
• SOC 2 Type II and ISO 27001 compliance (Enterprise plans)

Data Location and Transfers

Customer Data is primarily stored and processed in data centers located in the European Union and United States. For international data transfers, we implement appropriate safeguards including Standard Contractual Clauses (SCCs) approved by the European Commission.

Data Retention

We retain Customer Data during your subscription term and for 90 days following termination, unless otherwise required by law or specified in your agreement. You may request earlier deletion of your data. After the retention period, we will securely delete or anonymize your data.

Subprocessors

We may engage third-party subprocessors to assist in providing the Services (e.g., cloud infrastructure providers, analytics services). A current list of subprocessors is available upon request. We will notify you of any new subprocessors and you may object on reasonable grounds.

Data Subject Requests

We will provide reasonable assistance to help you respond to data subject access requests (DSARs) and fulfill your obligations under data protection laws. You may use our self-service tools to export, correct, or delete personal data.

Nature of AI Services

Our Services utilize artificial intelligence and machine learning technologies, including large language models (LLMs) and small language models (SLMs), to analyze data and generate insights. You acknowledge that:

• AI/ML systems may produce outputs that are inaccurate, incomplete, or misleading
• AI models are probabilistic and may generate different outputs for similar inputs
• AI Outputs should be reviewed and validated by qualified personnel before use in critical decisions
• We do not guarantee that AI Outputs will be error-free or suitable for your specific purposes

Model Training and Improvement

We may use Customer Data in aggregated, anonymized, and de-identified form to improve our AI models, algorithms, and Services. This includes:

• Training and refining machine learning models
• Developing new features and capabilities
• Benchmarking and performance optimization
• Research and development activities

We will not use your Customer Data to train models that benefit your competitors or in any manner that could identify you or your organization without your explicit consent.

Transparency and Explainability

We strive to provide transparency about how our AI models generate outputs. However, due to the complexity of machine learning systems, complete explainability may not always be possible. We provide documentation and support to help you understand our AI methodologies where reasonably feasible.

Bias and Fairness

We implement measures to identify and mitigate bias in our AI models. However, AI systems may reflect biases present in training data or produce outcomes that have disparate impacts. You are responsible for evaluating whether AI Outputs are appropriate and fair for your specific use cases.

Human Oversight

You agree to implement appropriate human oversight and validation processes when using AI Outputs for significant business decisions, particularly those affecting:

• Employment, hiring, or personnel decisions
• Credit, lending, or financial determinations
• Healthcare or medical decisions
• Legal rights or obligations
• Safety-critical systems or operations

AI Compliance

You represent that your use of our AI Services complies with all applicable AI regulations, including the EU AI Act, and that you will implement appropriate risk management measures for high-risk AI applications as required by law.

Uptime Commitment

We commit to the following uptime levels (measured monthly, excluding scheduled maintenance):

• Professional Plans: 99.5% uptime
• Enterprise Plans: 99.9% uptime
• Custom Plans: As specified in your agreement

Scheduled Maintenance

We will provide at least 48 hours' notice for scheduled maintenance that may affect service availability. Emergency maintenance may be performed with reduced notice when necessary to maintain security or stability.

Service Credits

If we fail to meet the uptime commitment for your plan tier, you may be eligible for service credits as follows:

• 99.0% - 99.5% uptime (Professional) or 99.0% - 99.9% (Enterprise): 10% credit
• 95.0% - 99.0% uptime: 25% credit
• Below 95.0% uptime: 50% credit

Service credits are your sole remedy for service availability failures. Credits must be requested within 30 days of the incident and will be applied to future invoices.

SLA Exclusions

The uptime commitment does not apply to unavailability caused by:

• Scheduled maintenance with proper notice
• Factors beyond our reasonable control (force majeure)
• Your breach of these Terms or misuse of Services
• Third-party services or your network/systems
• Beta or experimental features clearly marked as such

Support Services

Support availability varies by plan:

• Starter: Email support, business hours (M-F 9am-5pm)
• Professional: Email and chat support, extended hours
• Enterprise: 24/7 priority support with dedicated account manager
• Custom: As specified in your agreement

Our Warranties

We warrant that:

• The Services will perform materially in accordance with our documentation
• We will provide the Services using commercially reasonable skill and care
• We have the right to provide the Services and grant the licenses herein
• The Services will comply with applicable laws and regulations

Customer Warranties

You warrant that:

• You have the legal right to use and provide Customer Data to us
• Your use of the Services complies with all applicable laws
• You have obtained all necessary consents for processing personal data
• Customer Data does not infringe third-party intellectual property rights

Disclaimer of Warranties

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• Results obtained from the Services will be accurate, reliable, or complete
• AI Outputs will meet your specific requirements or be suitable for your purposes
• All errors or defects will be corrected
• The Services will be compatible with all systems or configurations

Third-Party Services

The Services may integrate with or rely on third-party services and platforms. We do not warrant the performance, availability, or compliance of third-party services and disclaim all responsibility for issues arising from third-party dependencies.

Beta and Experimental Features

We may offer beta, pilot, or experimental features clearly marked as such. These features are provided without warranty and may be changed or discontinued without notice. Your use of beta features is at your sole risk.

Consequential Damages Exclusion

Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The amounts paid by you to us during the 12 months preceding the claim, or
• €5,000 (five thousand euros) for Starter and Professional plans
• €50,000 (fifty thousand euros) for Enterprise plans

This limitation applies to all claims collectively, whether based in warranty, contract, tort (including negligence), or any other legal theory.

Liability Exclusions

The limitations in this Section 12 do not apply to:

• Your payment obligations under these Terms
• Your indemnification obligations under Section 13
• Liabilities that cannot be excluded or limited by applicable law
• Death or personal injury caused by our gross negligence or willful misconduct
• Fraud or fraudulent misrepresentation
• Breach of confidentiality obligations (subject to separate limitation)

Allocation of Risk

You acknowledge that the limitations in this Section 12 reflect a reasonable allocation of risk between the parties and form an essential basis of the bargain. The Services would not be provided without these limitations.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless FQ Central, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees), arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Customer Data or content you provide, including claims of infringement or violation of third-party rights
• Your violation of data protection laws or third-party privacy rights
• Negligence or willful misconduct by you or your authorized users

Our Indemnification Obligations

We will indemnify, defend, and hold you harmless from third-party claims alleging that the Services infringe or misappropriate such third party's intellectual property rights, provided that:

• You promptly notify us in writing of the claim
• You grant us sole control of the defense and settlement
• You provide reasonable cooperation in the defense

Remedies for IP Infringement Claims

If the Services become, or in our opinion are likely to become, subject to an infringement claim, we may at our option:

• Obtain the right for you to continue using the Services
• Replace or modify the Services to make them non-infringing
• Terminate your subscription and refund prepaid fees for the unused portion

IP Indemnification Exclusions

Our IP indemnification obligations do not apply to claims arising from:

• Modifications to the Services not made by us
• Combination of the Services with third-party products or services
• Use of the Services other than as authorized in these Terms
• Customer Data or third-party content you provide
• Your continued use after we notify you to discontinue use due to infringement

Indemnification Process

The indemnifying party will:

• Have sole control over the defense and settlement of indemnified claims
• Not settle any claim in a manner that admits fault or imposes obligations on the indemnified party without their consent
• Keep the indemnified party reasonably informed of claim status

Sole Remedy

This Section 13 states your sole remedy and our entire liability for intellectual property infringement claims.

Termination by Customer

You may terminate your subscription:

• Monthly Subscriptions: At any time with 30 days' written notice, effective at the end of your current billing period
• Annual Subscriptions: At the end of the annual term by providing notice at least 60 days before renewal
• For Cause: Immediately if we materially breach these Terms and fail to cure within 30 days of written notice

Termination does not relieve you of payment obligations for fees already due or incurred.

Termination by FQ Central

We may terminate or suspend your access:

• For Cause: Immediately if you materially breach these Terms, including non-payment, violation of acceptable use policies, or security breaches
• For Convenience: With 90 days' written notice (we will provide a pro-rata refund of prepaid fees)
• Legal Requirements: Immediately if required by law, court order, or regulatory directive

Suspension Rights

We may immediately suspend your access to the Services without liability if:

• Your account is overdue on payment by more than 10 days
• Your use poses a security risk to our systems or other customers
• You violate the acceptable use policies in Section 5
• We receive a court order or other legal demand requiring suspension
• Your use exceeds reasonable limits or threatens system stability

We will notify you of suspension and provide an opportunity to remedy the issue where reasonably possible. Suspension does not relieve you of payment obligations.

Effects of Termination

Upon termination or expiration of your subscription:

• Your right to access and use the Services immediately ceases
• All licenses granted to you under these Terms terminate
• You must immediately cease all use of our APIs and remove any API integrations
• Outstanding fees become immediately due and payable
• We will make Customer Data available for export for 90 days (fees may apply)
• After 90 days, we may delete Customer Data in accordance with our retention policies

Survival

Sections relating to payment obligations, intellectual property, confidentiality, warranties, disclaimers, limitations of liability, indemnification, and dispute resolution will survive termination of these Terms.

Return of Data

Upon your written request within 90 days of termination, we will provide Customer Data in a standard format (CSV, JSON, or other mutually agreed format). Data export services may be subject to reasonable fees for Enterprise accounts with large data volumes.

Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Jurisdiction and Venue

Subject to the arbitration provisions in Section 15.4, you agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts located in Paris, France. You irrevocably consent to the personal jurisdiction and venue of such courts.

Informal Dispute Resolution

Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiations. Either party may initiate negotiations by providing written notice describing the dispute to the other party. The parties will negotiate for at least 30 days before pursuing other remedies.

Arbitration (For US Customers)

For customers located in the United States, any disputes not resolved through informal negotiation shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall be conducted in English in a location mutually agreed upon by the parties. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

Class Action Waiver

To the extent permitted by applicable law, you agree that disputes will be resolved on an individual basis and that you will not bring claims as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

Injunctive Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.

Legal Fees

In any legal proceeding arising out of these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, except where prohibited by law.

Modifications

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Provide at least 30 days' advance notice by email to your registered account address
• Post the updated Terms on our website with a revised "Last Updated" date
• For Enterprise customers, provide an opportunity to discuss material changes

Acceptance of Changes

Your continued use of the Services after the effective date of modified Terms constitutes acceptance of the changes. If you do not agree to the modified Terms, you must terminate your subscription in accordance with Section 14.

Material Changes

Material changes include, but are not limited to:

• Significant changes to pricing or billing terms
• Material reductions in Service functionality or features
• Changes to data processing or privacy practices
• Changes to liability limitations or warranty provisions
• Changes to dispute resolution procedures

Service Updates

We may modify, update, or enhance the Services from time to time without notice, including adding or removing features. We will notify you of significant Service changes that materially impact functionality.

Objection to Changes

If you object to material changes that adversely affect your rights, you may terminate your subscription within 30 days of receiving notice of the changes and receive a pro-rata refund of any prepaid fees for the unused portion of your subscription.

Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Agreement, and any order forms or subscription agreements, constitute the entire agreement between you and FQ Central regarding the Services and supersede all prior agreements, negotiations, and discussions.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section is void.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Export Compliance

The Services and related technology are subject to export control laws and regulations. You agree to comply with all applicable export and import control laws and regulations, including those of the European Union, United States, and your jurisdiction. You represent that you are not located in, or a national or resident of, any country subject to sanctions or embargoes.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

Relationship of Parties

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

Third-Party Beneficiaries

These Terms are for the sole benefit of the parties and their permitted successors and assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature.

Notices

All notices under these Terms shall be in writing and deemed given when:

• Delivered personally
• Sent by confirmed email
• Received by certified mail (return receipt requested)
• Delivered by internationally recognized courier service

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to: corporate@fq-central.com

Language

These Terms are prepared in English. If these Terms are translated into any other language, the English version shall prevail in case of any conflict or inconsistency.

Headings

Section and subsection headings are for convenience only and shall not affect the interpretation of these Terms.

Counterparts

These Terms may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed original signatures for all purposes.