Terms of Service
These Terms of Service ("Terms") govern your use of the qualcode.ai service ("Service") provided by AI Research & Technology Lab GmbH ("we", "us", "Company"). By creating an account or using the Service, you agree to these Terms.
1. Service Description
qualcode.ai is an AI-powered qualitative data coding platform that helps researchers classify open-ended survey responses. The Service provides:
- Dual-rater AI classification using independent language models
- Inter-rater reliability metrics (Cohen's kappa, agreement rates)
- Coding guide management with versioned training data
- Human reconciliation workflow for disagreements
- Data export in multiple formats
The Service is designed for professional researchers in academic and market research settings.
2. Account Terms
2.1 Eligibility
You must be at least 18 years old and capable of entering into legally binding contracts to use the Service. By registering, you represent that you meet these requirements.
2.2 Account Registration
You must provide accurate and complete registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately at support@qualcode.ai if you suspect unauthorized access.
2.3 One Account Per Person
Each individual may maintain only one account. Accounts are non-transferable. Institutional licenses may provide multiple user accounts under separate terms.
3. Credits and Payment
3.1 Credit System
The Service operates on a prepaid credit system. Credits are consumed when AI coding runs are executed. Credit costs vary based on:
- Number of responses processed
- AI model quality tier selected
- Size of training data in your coding guide
Current pricing and credit costs are displayed at /pricing and on the run configuration screen.
3.2 Free Credits
New accounts receive free credits as follows:
- 50 credits upon registration
- 450 additional credits after verifying your email address
Free tier signups are limited to ensure service quality. See our pricing page for current availability.
Free credits expire 12 months after issuance if unused.
3.3 Purchased Credits
Purchased credits do not expire while your account remains active. All purchases are in EUR. Prices are inclusive of applicable VAT for EU consumers; business customers may add a valid EU VAT ID for reverse charge.
3.4 Refunds
Credit purchases are generally non-refundable. However:
- If a coding run fails due to a system error, unused credits are automatically refunded
- If you cancel a running job, unprocessed responses are refunded pro-rata
- EU consumers may exercise their statutory 14-day withdrawal right for unused credits
3.5 Credit Transaction Integrity
All credit transactions are logged and auditable. Attempting to exploit the credit system through fraudulent means will result in immediate account termination without refund.
4. Acceptable Use
4.1 Permitted Use
You may use the Service for:
- Academic research and publication
- Market research and analysis
- Educational purposes
- Other legitimate professional research activities
4.2 Prohibited Use
You must not:
- Upload data containing information about individuals under 16 without appropriate consent
- Upload data obtained through illegal means
- Use the Service to process data for unlawful purposes
- Attempt to reverse-engineer, decompile, or extract the AI models
- Resell, sublicense, or provide the Service to third parties without authorization
- Interfere with or disrupt the Service's infrastructure
- Circumvent any access controls or usage limits
- Create multiple accounts to abuse free credits
4.3 Data Responsibility
You are responsible for the data you upload. This includes:
- Ensuring you have all necessary consents and legal bases to process the data
- Providing survey respondents with mandatory disclosures about AI processing as required by GDPR Articles 13-14
- Anonymizing or pseudonymizing data where appropriate
- Not uploading special category data as defined in GDPR Article 9 (health, political opinions, ethnic origin, etc.) unless you have obtained explicit consent from data subjects and have documented your lawful basis
5. AI Processing
5.1 Nature of AI Classification
The Service uses two independent AI models (from OpenAI and Anthropic) to classify responses. This "dual-rater" approach is designed to provide reliability metrics comparable to human dual-coding.
5.2 No Guarantee of Accuracy
AI classification is probabilistic. We do not guarantee 100% accuracy. You should review results, especially for high-stakes research. The reliability metrics provided help you assess classification quality.
5.3 AI Training
Your data is not used to train the underlying AI models (GPT or Claude). It is processed transiently for classification purposes only.
6. Intellectual Property
6.1 Your Data
You retain all rights to the data you upload. We claim no ownership of your survey responses, coding guides, or results.
6.2 Our Service
The Service, including its software, algorithms, design, and documentation, is owned by AI Research & Technology Lab GmbH and protected by copyright and other intellectual property laws. Your use of the Service does not grant you any ownership rights.
6.3 Feedback
If you provide feedback or suggestions about the Service, you grant us a royalty-free, perpetual license to use that feedback to improve the Service.
7. Privacy and Data Protection
Our collection and use of personal data is governed by our Privacy Policy. For data you process through our Service (your survey respondents' data), we act as a data processor, and the terms are set out in our Data Processing Agreement.
8. Service Availability
8.1 Availability
We aim to provide high availability but do not guarantee uninterrupted service. Planned maintenance will be announced in advance where possible.
8.2 Changes to Service
We may modify features or pricing with reasonable notice. Significant changes will be communicated via email. Continued use after changes constitutes acceptance.
8.3 Termination
You may close your account at any time. We may suspend or terminate accounts that violate these Terms. Upon termination:
- You have 30 days to export your data
- Unused purchased credits may be refunded at our discretion (not applicable for Terms violations)
- After 30 days, your data will be deleted per our retention policy
- Accounts with credit transaction history are soft-deleted (deactivated) rather than fully deleted to maintain financial audit integrity; personal identifiable information is anonymized
9. Limitation of Liability
9.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR RESEARCH OUTCOMES.
9.3 Exceptions
These limitations do not apply to:
- Damages arising from our gross negligence or willful misconduct
- Liability for GDPR violations or personal data loss
- Claims by consumers under EU consumer protection law
- Any other liability that cannot be limited under mandatory law
10. Indemnification
You agree to indemnify and hold us harmless from claims arising from:
- Your breach of these Terms
- Your violation of applicable laws
- Claims by third parties (including survey respondents) regarding data you uploaded
- Your misuse of the Service
11. Governing Law and Jurisdiction
These Terms are governed by Austrian law. Subject to the exceptions below, disputes shall be resolved in the courts of Mödling, Austria:
- EU consumers may bring claims in their country of residence (§14 KSchG, Brussels I Regulation)
- Data subjects retain rights under GDPR Article 79 to bring proceedings in their Member State
- Nothing in these Terms affects your statutory consumer rights under EU law
12. EU Consumer Rights
If you are a consumer in the EU, you have the following additional rights:
- Right of withdrawal: You may cancel credit purchases within 14 days without reason, provided you have not used the credits
- Statutory guarantees: The Service must conform to its description and be fit for purpose
- No unfair terms: Nothing in these Terms limits your statutory rights
For the EU ODR platform, see our Impressum.
13. Miscellaneous
13.1 Entire Agreement
These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between you and us regarding the Service.
13.2 Severability
If any provision is found unenforceable, the remaining provisions continue in effect.
13.3 No Waiver
Our failure to enforce any right does not waive that right.
13.4 Assignment
You may not assign your rights under these Terms. We may assign our rights in connection with a merger, acquisition, or sale of assets.
14. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes via email at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the new Terms.
15. Contact
For questions about these Terms, contact us at:
AI Research & Technology Lab GmbH
Enzersdorfer Strasse 25
A-2340 Modling
Austria
Email: legal@qualcode.ai