These Terms of Service ("Terms") govern access to and use of the platform Qualefy (the "Platform"), operated by Qualefy, Inc. ("we", "us", "our").

By using the Platform, you agree to these Terms. If you do not agree, you must not use the Platform.

1. Role of the Platform

The Platform is a neutral digital intermediary providing technical infrastructure that enables:

• Employers to post job listings
• Candidates to apply for jobs
• Service Seekers to request services
• Gig Workers / Professionals to offer services
• Users to communicate and connect directly

We do not act as:

• employer
• recruiter or employment agency
• staffing provider
• contractor or subcontractor
• party to any agreement between users

We do not control, initiate, or determine the content of user interactions beyond providing technical tools for hosting, search, and communication.

2. No Contractual Relationship Between Users and Platform

Any agreement formed between users is exclusively between those users.

We are not:

• a party to any contract between users
• responsible for negotiation or performance of such contracts
• responsible for payment obligations between users

Users acknowledge that they use the Platform to independently enter into agreements at their own risk.

3. Platform Neutrality and No Control Over Content

We do not pre-approve, verify, or guarantee:

• job listings
• user profiles
• service descriptions
• messages between users
• identity, qualifications, or legality of users

We may apply automated or manual moderation solely for:

• legal compliance
• fraud prevention
• safety and abuse prevention
• removal of unlawful or clearly harmful content

Such moderation does not imply endorsement or control of user content.

4. Eligibility

Users must:

• be at least 16 years old (or applicable local minimum age)
• have legal capacity to enter into contracts
• provide accurate registration information

We may suspend accounts where eligibility requirements are not met.

5. User Accounts and Responsibility

Users are responsible for:

• account security and credentials
• all actions performed under their account
• accuracy of information provided

We are not liable for unauthorized access caused by user negligence.

6. User Content License

Users retain ownership of their content but grant us a limited license to:

• host
• store
• display
• process
• transmit

User Content solely for operating and improving the Platform.

This license is:

• non-exclusive
• worldwide
• royalty-free
• revocable upon account deletion (subject to legal retention obligations)

7. Prohibited Uses

Users must not:

• violate applicable law or third-party rights
• post misleading or fraudulent content
• impersonate others
• harass or harm other users
• attempt to bypass security or access restrictions
• scrape or systematically extract data
• use the Platform for spam or unsolicited communication

We may remove content or suspend accounts where violations occur.

8. User-to-User Interactions

Users acknowledge that:

• all interactions are conducted at their own risk
• we do not guarantee accuracy, safety, or legality of other users
• we do not verify employment offers or service quality

Users are solely responsible for:

• evaluating counterparties
• entering agreements
• performing due diligence

9. Payments

Payments on the Platform are made exclusively by registered business users (Employers) through subscription plans. Individual users (Candidates, Gig Workers, Service Seekers, and Visitors) do not make payments through the Platform.

Subscriptions are processed exclusively by Stripe, Inc. as our payment processor.

We do not:

• store full payment card details, including card numbers, CVV codes, or bank account information
• handle, process, or intermediate payments between users
• facilitate financial transactions of any kind between Platform users

Stripe acts as an independent payment processor. For information on how Stripe processes payment data, please refer to Stripe's Privacy Policy.

We are not responsible for:

• any payment disputes arising from user-to-user arrangements made outside the Platform
• chargebacks or payment failures related to subscription processing by Stripe
• failures or delays in Stripe processing

10. Fees

If applicable:

• fees are clearly displayed before purchase
• subscriptions renew unless cancelled
• cancellation applies to future billing cycles only

Fees are non-refundable except where required by law.

11. Moderation and Enforcement Rights

We may, at our discretion:

• remove content
• suspend or terminate accounts
• restrict access to features

without liability where:

• required by law
• necessary to protect users or Platform integrity
• there is suspected abuse or illegal activity

We are under no obligation to monitor content proactively.

12. Disclaimers

To the maximum extent permitted by law:

• the Platform is provided "as is" and "as available"
• we do not guarantee uninterrupted operation
• we do not guarantee user identity, accuracy, or outcomes
• we do not guarantee successful employment or service delivery

We expressly disclaim all liability for:

• user actions
• user-generated content
• contracts between users

13. Limitation of Liability

To the maximum extent permitted by law:

We shall not be liable for:

• indirect or consequential damages
• loss of profits, revenue, or opportunities
• disputes between users
• service interruptions beyond our reasonable control

Our total aggregate liability shall not exceed:

€100 OR the amount paid by the user in the past 12 months (whichever is higher), unless otherwise required by mandatory law.

14. Indemnification

Users agree to indemnify and hold harmless Qualefy against claims arising from:

• their use of the Platform
• user content
• violation of these Terms
• violation of applicable laws
• disputes with other users

15. Data Protection

Personal data is processed according to our Privacy Policy, which forms an integral part of these Terms.

16. Suspension and Termination

We may suspend or terminate accounts:

• for violations of these Terms
• for legal or regulatory compliance
• to protect Platform integrity or users

Users may terminate their account at any time.

Upon termination, certain data may be retained where required by law or legitimate interests.

17. Intellectual Property

All Platform elements (excluding User Content) are owned or licensed by Qualefy, Inc.

Users may not:

• copy
• modify
• distribute
• reverse engineer

any part of the Platform without authorization.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Colorado, United States, excluding its conflict of law principles.

Subject to mandatory consumer protection laws in the user’s country of residence.

Any disputes arising out of or relating to these Terms or the use of the Platform shall be submitted to the state or federal courts located in Colorado, United States.

19. Changes to Terms

We may update these Terms.

Where changes are material:

• users will be notified
• continued use constitutes acceptance

20. Contact

general@qualefy.com

Qualefy, Inc.

1500 North Grant Street Suite 4909, Denver, CO 80203, US