Terms of Service | Qualibooth

General Terms and Conditions of the Agreement for the Provision of Products and Services by QualiBooth Ltd., with Commercial Registration No. 207110348

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Subject and effect of the General Terms and Conditions

The present General Terms and Conditions regulate the contractual relationship between “QualiBooth” Ltd., identified by Registration No. 207110348 (hereinafter referred to as “the Company”) and its Clients (hereinafter referred to as “the Client” or collectively “the Clients”). The General Terms and Conditions describe and stipulate the obligations and rights of both parties regarding the conclusion, performance, renewal and termination of the agreements related to the use of the products and the services rendered by the Company.

The Company operates an online platform accessible via https://qualibooth.com and https://portal.prod.qualibooth.com, which allows the Clients to make orders and against payment of remuneration/subscription fees to use the products and the services provided by the Company, for a certain period of time, in accordance with the parameters of the selected subscription plan and in a manner and under the conditions described in these General Terms and Conditions and on the Company’s website.

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Description of the products and services offered

The products and services offered by the Company (which hereinafter may be referred to only as “Product (s)” or “the Product/s”) represent a proprietary software product (solution) created by the Company, inclusive of a primary browser script amalgamated with ancillary scripts sourced from external suppliers. The Clients are granted the right to access this software product and are responsible for its integration into the head section of their respective web pages.

By using the Product, the Clients can generate analytical reports, which reports show errors and inconsistencies on the Internet pages that the Clients have included in their Profiles (accounts), with the provisions of Directive (EU) 2019/882 of the European Parliament and of the Council of April 17, 2019 on the requirements for accessibility of products and services, the Web Content Accessibility Guidelines versions WCAG 2.1 and WCAG 2.2 (Web Content Accessibility Guidelines – WCAG 2.1 and WCAG 2.2), as well as show inconsistencies with the provisions of ADA (Americans with Disabilities Act).

The generated reports when using the Product serve as an assessment tool, offering a review of the compliance level of the web pages, included in the Client’s profile (account), in relation to the directives and guidelines specified in the preceding sentence. While these reports may contain suggestions on how to correct the errors or to remove the discrepancies, the Product and the reports are not designed to perform corrections autonomously and should not be considered and do not claim to be exhaustive as they do not and cannot identify every possible error and all errors and inconsistencies.

The installation and the use of the Product/software/script is entirely and solely a responsibility of the Client as the Company has no obligations and bears no responsibility regarding such installation and use of the Product by the Client.

At any time and entirely at its own discretion, the Company may change the Product (by changing, adding or removing functionalities and/or parameters of the Product), as well as may change the products and services offered without notifying the Client and without requiring the Client ‘s consent. In the event that the Client does not agree and/or is not satisfied with such changes, as well as in the event that the Client is generally not satisfied with the quality of the products and/or services provided, the Client has only the right to cancel the usage of the Product (the products and the services) by terminating his subscription plan in a manner as regulated, according to item 9 below. Top of Form

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Technical information about installation and use of the products and services

Pursuant to the envisaged in item 2 above, the installation of the script (browser script) and the use of the Product is entirely the responsibility of the Client, as the Company has no obligations and bears no responsibility in connection with such installation and use of the Product by the Client.

At the same time, the Company can upload videos, instructions and other training materials on its website at https://qualibooth.com on how the browser script can be installed successfully, respectively how the Product can be used, incl. for the various technological platforms through which the Internet pages included in the Client’s profile are made, but not for all technological platforms and without the upload of such training materials to represent or being interpreted as assuming an obligation on behalf of the Company regarding the installation and use of the product by the Client. The above-mentioned resources are informational only and do not imply any commitment or liability on behalf of the Company regarding the installation and usage of the Product by the Client.

In case that despite the uploaded training materials, the Client does not know how or cannot successfully install and/or use the Product and/or if there is a misunderstanding of any of the functionalities of the Product, the Client may contact the Company for assistance by using the contact form or by sending an inquiry to the designated support email: support@qualibooth.com

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Client’s Profile

To make orders and use the Products, including to gain access to a free trial, each Client needs to create a unique Profile (account). This is accomplished by registering on the Company’s website, necessitating the submission of personal identifiers such as name, email address, and a self-selected password. The complete process is facilitated through the digital forms available on https://qualibooth.com and its portal at https://portal.prod.qualibooth.com, thereby enabling remote access credentialing for the Client.

The Clients are obliged to protect the confidentiality of their username and password and not to provide them, nor make or allow them to become known to third parties. Should any unauthorized use of a Client’s username and password occurs, the Client will be held responsible for the actions undertaken by the third party as though they were the Client’s own actions.

The Clients are obliged to keep the data entered in their Profile (account) up-to-date and, in case of changes, should update the data promptly and without any unnecessary delay.

The Clients can log in to their Profile/account, in addition to using a username and password, also using their Microsoft account or Google account. By logging into their account through a Microsoft account or Google account, the Company gains access to the Client’s name, address, profile picture and language preferences, to which access the Client provides its explicit consent.

The Company has the right to access and store the specified data, to which it receives access in connection with the creation and use of the Profile/account by the Client, incl. may use this data for the purpose of rendering the services and for the marketing purposes, described below in item 15.

The Company provides, through the interface of its website, appropriate, effective and accessible technical means for identifying and correcting errors when entering information and data of the Clients for the purposes of registration and creating a Profile/account, including for making changes after the Profile/account has already been created.

The successful registration and the creation and activation of the Client’s Profile/account may require a confirmation by clicking on a hyperlink provided within an email dispatched by the Company to the Client’s email address. This email may additionally include references to the General Terms and Conditions, Privacy Policy, and other documents, accepted by the Client.

The Company has established a protocol, allowing the Client in the event of a forgotten password to select and activate a new password to access its account, by applying security measures for identification in relation to the Client, which measures will be determined at the discretion of the Company.

The Company has the right to delete all data, reports and information related to the web pages included in the Client’s Profile/account, which data, reports and information are generated as a result of the use of the Products and services, after the expiration of 30 days following the termination of the Client’s subscription or after the Client has delayed payment of a due subscription fee or remuneration or any other payment for more than 30 days.

The Company has the right to delete the Client’s profile/account when a period of three months has expired following the termination of the Client’s subscription or after the Client has delayed payment of a due subscription fee or remuneration for more than 30 days.

The Client is entitled to request the deletion of its own Profile/account. To initiate this process, the Client must submit a request to support@qualibooth.com

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Use of Open-Source Libraries

The Company’s accessibility testing services are powered by the axe-core library, which is licensed under the Mozilla Public License 2.0 (MPL-2.0). The Client acknowledges that accessibility evaluations are performed using this library’s methodologies, without modification or alteration to the original source code. While the Company ensures testing accuracy within axe-core’s framework, certain limitations inherent to the library may exist, and the Company disclaims responsibility for undetected issues that fall outside the scope of the axe-core library.

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Use of the products and services in connection with the professional activity of the Clients

The Clients conclude the agreement and use the Products and services rendered by the Company in connection with their commercial and professional activities.

Should a Client wants to use a Product or service as a consumer, within the meaning of the Bulgarian Consumer Protection Act, as an individual who acquires goods or uses services that are not intended for commercial or professional activity or as an individual, who, as a party to the agreement, is acting outside the scope of his/her commercial or professional activity, please contact the Company at the following email address – support@qualibooth.com, in order to find a solution and to ensure the additional protection of your rights provided to you by law.

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Conclusion of the agreement

The Company provides, through the interface of its web page, suitable, effective and accessible technical means for identifying and correcting errors when entering information before the Client makes an order to conclude the agreement.

In the process, before the Client makes a statement (order) to conclude the agreement, the Client is provided with the option to review the present General Terms and Conditions as well as the Privacy Policy of the Company. Opting to proceed with a subscription plan constitutes the Client’s acceptance of these General Terms and Conditions along with the Privacy Policy.

The Company without undue delay confirms by electronic means the receipt of the statement (order) of the Client for the conclusion of the agreement.

The statement (order) for the conclusion of the agreement and the confirmation of its receipt are considered received when their addressees have access to them.

The Company reserves the right to refuse to conclude agreements with Clients, including to refuse to renew agreements with Clients who have demonstrated dishonest conduct and/or have breached any of their obligations under these General Terms and Conditions, including in connection with the use of the Products and services.

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Subscription plan selection and term (annual and monthly)

The initial term of the regular paid subscription for the relevant product and/or service will commence immediately after the endof the free trial period (if applicable and activated by the Client) for the selected duration (month or year) chosen by the Client during registration. In cases where the Client is not eligible for a free trial period (or is eligible but has not activated it), the initial term of the Client’s subscription for the chosen product and/or service will begin immediately after the Company has accepted the Client’s registration, and the Client’s credit card will be charged the subscription fee corresponding to the selected by the Client term duration during registration.

The annual subscription plan expires on the corresponding day and month of the next year from its commencement. The monthly subscription plan expires on the corresponding day of the next month following its commencement.

Certainly, here are the examples:

If the Client has an annual subscription plan that has commenced on January 5^th, 2024, the term of the Client’s annual subscription plan expires on January 5^th, 2025.
If the Client has a monthly subscription plan that has started on January 5^th, 2024, the term of the Client’s monthly subscription plan expires on February 5^th, 2024.

The annual and monthly subscription plans are automatically and repeatedly renewed every time upon expiration for periods of the same duration, as described in item 10 below.

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Change of the subscription plan

The Client has the right to change its chosen subscription plan. If the Client switches to a higher (more expensive) subscription plan, the change takes effect immediately upon the Client’s request (with the higher subscription fee being charged and authorized for payment immediately). In this case, the higher subscription fee begins to apply immediately and is charged and authorized for payment. The amount of the subscription fee for the current term of the subscription plan (the year or the month during which the subscription plan has been changed) will be calculated and paid by the Client proportionately.

Certainly, here are the examples:

If the Client has an annual subscription plan that has started on January 5^th, 2024, and the Client notifies the Company on January 20^th, 2024, that it wants to upgrade to a higher subscription plan, the fee payable by the Client for the current annual subscription plan will be recalculated proportionally. From January 5^th, 2024, to January 20^th, 2024, the price of the old subscription plan will apply, and from January 21^st, 2024, to January 5^th, 2025, the higher price of the new annual subscription plan will apply.
If the Client has a monthly subscription plan that has started on January 5^th, 2024, and the Client notifies the Company on January 20^th, 2024, that it wants to switch to a higher monthly subscription plan, the fee payable by the Client for the current monthly subscription plan will be recalculated proportionally. From January 5^th, 2024, to January 20^th, 2024, the price of the old subscription plan will apply, and from January 21^st, 2024, to February 5^th, 2024, the higher price of the new monthly subscription plan will apply.

In the case of switching to a lower (cheaper) subscription plan, the change comes into effect after the expiration of the term of the current subscription plan of the Client. In this case, the lower subscription fee is charged and authorized for payment at the beginning of the new term of the new subscription plan.

Certainly, here are the examples:

If the Client has an annual subscription plan (regardless of whether it is paid in monthly instalments) concluded on January 5^th, 2024 and the Client notifies the Company on January 20^th, 2024 that it wants to switch to a lower (cheaper) annual subscription plan, the lower (cheaper) annual subscription plan together with the lower subscription fee will become effective from January 5^th, 2025 onwards.
If the Client has a monthly subscription plan concluded on January 5^th, 2024, and the Customer notifies the Company on January 20^th, 2024 that it wants to switch to a lower (cheaper) monthly subscription plan, the lower (cheaper) monthly subscription plan along with the lower subscription fee will become effective from February 5^th, 2024 onwards.

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Termination (cancellation) of a subscription plan

If the Client has purchased a subscription (subscription plan) for products/services, he can cancel it: (a) by navigating to the “Subscription and Billing” section and clicking on “Cancel Subscription,” or (b) by emailing the Company at the following email address: support@qualibooth.com

If the Client cancels its subscription during the free trial period, it will not be responsible for the payment of a subscription fee, and no such fee will be charged to the Client’s credit card. However, if the Client cancels its subscription to the product/service at any time after the expiry of the free trial period, the subscription will continue in effect until the end of the term for which the subscription was concluded, and the subscription fee will be payable for the entire term.

Certainly, here are the examples:

If the Client has concluded a paid monthly subscription on January 8^th, 2024, using a free trial period and has cancelled the subscription on February 1^st, 2024, (as the free trial period has expired on January 15^th, 2024), the paid monthly subscription is considered effective as of January 15^th, 2024, and remains in effect until February 15^th, 2024, on which date it expires.
If the Client has concluded a paid annual subscription on January 8^th, 2024, using a free trial period and has cancelled the subscription on February 1^st, 2024, (as the free trial has period expired on January 15^th, 2024), the paid annual subscription is considered effective as of January 15^th, 2024, and remains in effect until January 15^th, 2025, on which date it expires.

Prepaid subscriptions are non-refundable, and the Client is responsible for and must pay to the Company any remaining fees that may be charged to the Client’s credit card until the expiration of the current subscription plan duration.

The Company may, at any time and at its own discretion, terminate the Client’s subscription without being liable and without owing a refund of subscription fees paid by the Client, in the event that:

The Client has violated any of the clauses of these General Terms and Conditions or has violated the concluded agreement for the use of the Products and services or
The Client’s use of or access to any part of the Product/Service violates applicable law or otherwise hinders any other Clients from using the Product/Service.

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Free trial period (Free trial). Automatic Product and Service Renewal (Automatic Subscription Plan Renewal)

The Company may offer a free trial period for some of the products and services, and this free trial period will normally commence on the date on which the Company accepts the Client’s completed registration and the created Client’s profile/account. Unless cancelled by the Client or the Company during such free trial period, the initial term of the regular paid subscription for the relevant product and/or service will begin immediately after the end of the free trial period for the time duration selected by the Client at registration. If the Client has ever used a free trial period for any service or product, the Client will not be entitled to another free trial period. Instead, the Client’s initial subscription term for the selected product and/or service will begin immediately upon the Company’s acceptance of the Client’s registration and the Client’s credit card will be charged the subscription fee associated with the length of the term the Client has selected during registration.

Unless the Client notifies the Company that it wants to cancel the subscription to the product/service before the end of the current subscription term, the Client’s subscription will automatically renew for successive terms of the same duration, and the Client’s credit card will be charged for each such renewal at the subscription fee in effect at the time of each renewal.

In cases where the Client has subscribed to use a product and/or service using a special or introductory offer, unless the Client notifies the Company that it wants to cancel its subscription before the end of its initial term, the subscription will automatically renew for the period of time specified in this offer, and the Client’s credit card will be charged the subscription fee in effect at the time of renewal for that subscription term, without applying the discount or reduction of the special or introductory offer.

If nothing else is specified, the duration of the free trial period is 7 (seven) calendar days and is calculated to the minute. For example, a free trial period that has started on January 1^st, 2024, at 14:30 will expire on January 8^th, 2024, at 14:30, as the free trial period lasts exactly 168 hours.

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Prices of products and services

The current prices of the products and services provided by the Company, as well as the prices of the various subscription plans, discounts, and promotions, are published on the Company’s website located at https://qualibooth.comand are available at the following link: https://qualibooth.com/pricing/

Depending on the current policy of the Company, the prices of the products and services may be structured as one-time fees or in the form of various subscription plans that are valid for a limited and predetermined period. Subscription plans can be monthly and/or annual and are paid in advance by the Clients for the entire duration of the chosen subscription plan. The price of a subscription plan is determined based on the duration and the specific parameters of the products and/or services included in the selected plan. These parameters may include whether the plan is for a monthly or annual subscription, the number of page views allowed per month, the number of users, the number of web sites, the number of organizations, and other parameters relevant to the specific subscription plan for the selected product and/or service.

When offering subscription plans with a longer term (e.g. one year), the Company may also apply discounts on the prices of the subscription plans. These discounts are explicitly announced on the Company’s website together with the applicable payment methods. The Clients can find information about these discounts and the applicable payment methods on the Company’s website.

The Company transparently displays the prices of its subscription plans for the products and services on its website in a clear and understandable manner. The Clients can easily access and view the pricing information provided on the Company’s website.

The prices and the subscription fees announced on the Company’s website do not include VAT (value added tax). The Company will additionally charge VAT on the announced prices and subscription fees, where such VAT is due, according to the applicable law, and all VAT due shall be paid additionally by the Clients and shall be at the expense of the Clients. The Clients agree that no withholding taxes will be applied to the prices and the subscription fees of the products and services and if such withholding taxes are due, they shall be at the expense of the Clients and shall be paid by the Clients as the Company shall receive the announced on the website of the Company prices and subscription fees without deduction of withholding tax, VAT or any other taxes and fees. The responsibility for paying any VAT or withholding taxes rests with the Clients and shall be at the account of the Clients. These taxes will be added to the prices and fees without any deduction by the Company. The Clients agree to bear the costs of any such taxes and fees when such are due by law.

Invoices issued by the Company to the Clients are accessible through the Clients’ accounts and can be downloaded by the Clients as long as the Clients have an active subscription plan, and their Profiles/accounts have not been deleted.

The Company has the right at any time and entirely at its own discretion to change the prices and subscription fees of its products and services by publishing these changed prices and subscription fees on its website. Changes to prices and subscription fees may include, but are not limited to, adding new subscription fees or one-time payments for new and optional services and/or changing prices and subscription fees for existing products and services.

If the Company raises the prices or subscription fees for products and services that a Client is currently subscribed to, the new increased prices will take effect automatically for such Client upon the renewal of the Client’s subscription.

Here is the example: In the event that the Client has entered into an annual subscription agreement for the Standard plan, concluded on May 1^st, 2024 and has made a prepaid payment of EUR 708 for a one-year duration (equivalent to EUR 59 per month, billed annually and paid in full), and subsequently on August 8^th, 2024 the Company increases the annual subscription fee for the Standard plan for example to EUR 828 for a one-year period (equivalent to EUR 69 per month, billed annually and paid in full), then upon the renewal of the Client’s annual subscription on May 1^st, 2025, the Client shall be obliged to pay the increased subscription fee of EUR 828 for a one-year term (equivalent to EUR 69 per month, billed annually and paid in full).

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Payment means and method of payment

The Company’s website clearly and transparently describes what payment methods are accepted, which Payment Providers are used, and how the Clients can pay the prices and the subscription fees of the offered products and services. The Company reserves the right, at any time, without limitation and at its own discretion, to add, change, or suspend the accepted payment methods, including the Payment Providers and payment modalities.

The Company uses Payment Providers like Stripe (https://stripe.com/en-bg), Recurly (https://recurly.com), and other similar entities to facilitate the acceptance and processing of payments and the Client agrees to the use of such Providers, incl. agrees to the terms and conditions of these Providers. The Client provides the Company and the Payment Providers with its Client’s data such as name of company, address, number, month and year of validity and security code of the credit card, telephone number, VAT number and other essential data in connection with making payments and invoicing. It’s important to note that the Company does not process or store the Clients’ credit card numbers and security codes; rather, these data is managed and processed exclusively by the Payment Providers.

The Company reserves the right to change the Payment Providers it uses at its own discretion and at any time, with the stipulation that these providers must adhere to the Payment Card Industry Data Security Standard (PCI DSS) compliance.

When paying by credit card, the prices and the subscription fees for the products and services are authorized immediately but not processed until the expiration of the free trial period if such trial period has been activated. In all other cases (when activating a subscription without a trial period or when renewing a subscription), the prices and the subscription fees will be authorized and processed (the funds will be taken and the Client’s credit card will be charged) by the Company immediately according to the published on the website of the Company prices, which are in effect at the beginning of each new subscription period and will apply regardless of whether the Clients actually use the products and services during that period.

The prices, subscription fees and all other taxes and fees associated with the Client’s subscription (including VAT where applicable) will be charged automatically to the credit card that the Client has provided when registering and creating its Profile (account) for use of the Products and services.

If the Client’s credit card is a VISA, MasterCard or other type that allows this, and the number or expiration date of the Client’s credit card is changed for any reason (for example, if the Client has received a credit card with a new number because the old credit card has been expired, lost or stolen, etc.), this updated information may be automatically transmitted by the credit card issuer to the Company and if the Company receives information about the Client’s new credit card, it will be used by the Company in a manner as if it had originally been provided by the Client for the purposes of making payments due by the Client, to which the Client gives its explicit consent.

Regardless of the above, the Client has the right at any time to change the payment methods and credit cards that it has registered for payment in its Profile/account and provides its explicit consent for the Company to use any of the available credit cards and payment methods from the Client’s Profile/account for authorizing and processing payments to the Company when such are due (when purchasing a subscription plan, renewing a subscription plan, switching to a higher subscription plan, expiration of a trial period, etc.).

The Clients are obliged to keep the information related to their payment methods and credit cards, as provided in their Profiles/accounts accurate and up to date at all times. In the event of any changes, including changes to the validity of a payment method or changes to the Client’s credit card details (whether pertaining to the card issuer, card number, expiration date, etc.), the Clients undertake to immediately update the information in their Profile/account, so that all payments due to the Company can be duly authorized and made (in full and on time).

In the event that one-time payments, subscription fees, or any other charges attempted to be processed through the credit card or other specified means of payment in the Client’s account are declined for any reason, the Company reserves the right to immediately suspend the Client’s subscription, thereby discontinuing the Client’s access to the products and services until all outstanding amounts owed by the Client are paid in full. By accepting these General Terms and Conditions, the Client explicitly agrees to reimburse to the Company and cover all costs (including state and court fees, attorney’s fees and others) incurred by the Company for the collection of one-time payments, subscription fees, and other fees and amounts unpaid by the Client and due to the Company.

Upon receiving a payment from the Client, the Company, either independently or through notification from a third party (supplier), electronically confirms the payment through its website’s interface or via another electronic confirmation method. Additionally, the Company may send an email confirmation to the Client’s email address. With the same or another notification in an appropriate manner, the Company may send confirmation to the Client about the paid subscription plan and its duration.

Access to the requested for use products and services that are included in the selected by the Client subscription plan is activated upon payment, except for cases where a free trial period is utilized.

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Right to use the Product

All proprietary rights, copyrights, know-how, trademark rights, trade names, domains, and other intellectual property rights related to the products and services, the script (browser script), including the software and the program code, are the exclusive property of the Company and shall remain as such exclusive property of the Company. Upon purchasing a subscription plan, the Client receives solely a non-exclusive, revocable, non-transferable and limited right to use the product/service solely for the duration of the prepaid subscription and in accordance with the parameters specified in the prepaid subscription plan. The Client does not have the right to access, copy, modify, sell, assign (except in the cases of item 14 below), distribute or disclose to third parties in any way the product/service, including the software and program code, the script (browser script).Furthermore, the Client is prohibited from reworking, modifying, changing, translating, and/or making any changes to the provided products and services, script (browser script), including the software and program code.

The Client is explicitly prohibited from taking any actions with the intention or result of acquiring, using or disclosing the Company’s trade secrets related to the products and services, their attributes and characteristics, the script (browser script), program code, and the manner in which the products and services are provided. The Client is also prohibited from engaging in any actions or behaviors that are deemed illegal acquisition, use, or disclosure of trade secrets as defined by applicable laws and Bulgarian legislation, notably the Law on the Protection of Trade Secrets.

The Company reserves the unilateral right at its own discretion and at any time to assign its contractual obligations to third parties and to transfer all rights and obligations under the agreement with the Client to a third party, for which the Client provides its explicit consent.

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Provision of services to third parties

The Client has the right to grant third parties the right to use the product for a fee, but only by including the web pages of such third parties in the Client’s profile/account inorder to conduct an “assessment of compliance” of the third parties’ web pages with the Directive and the Guidelines (as noted in item 2 above). The Client is entitled to include such number of third-party web pages in its profile that is equivalent and up to the number of web pages permitted according to the parameters of the subscription plan that the Client has paid for.

However, the Client does not have the right to rebrand the product/service and is obliged to clearly indicate to the third parties that the product (products and services), including the software product and program code, the script (browser script) are the exclusive property of the Company and all copyrights, know-how, names, trademarks, domains and other intellectual property rights related to the product, including the script (browser script), software and program code, are the exclusive property of the Company and remain the property of the Company, as well as to inform the third parties of the conditions for legal use of the product and the prohibitions under item 13 above.

The Company has no obligations and is not involved in the relationships between the Client and third parties to whom the Client grants the right to use the product (by including third-party websites in the Client’s profile for compliance assessment). The Company is not a party to these relationships (outside of the Client’s obligation to ensure observance of the rights of the Company in accordance with these General Terms and Conditions by the third parties), does not know what their content is and does not guarantee in any way the fulfilment of obligations or undertaking of commitments by the Client.

The Client has the the right to provide access to the product/service to third parties in the manner as specified above, but this must be done solely on the Client’s behalf, at its own expense, and entirely at its own risk and responsibility without involving the Company in any way in the relations between the Client and the third parties. The Company is not involved in any way in the relationships between the Client and third parties and the Company does not bear any responsibility for the fulfilment of obligations that may arise between the Client and the third parties.

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Use of data and sending of commercial communications

During the Client’s use of the products and services, including during a free trial period, the Company obtains access to, stores, analyses and uses all data exchanged between the Company’s website, the software and program code of the Company’s products and services, and the Internet pages included in the Client’s profile/account. This data may include, but is not limited to, information about types and number of errors and discrepancies, website names and addresses, usage statistics, login records, products and services used by the Client and other data.

The Client provides its explicit consent to the Company to use the abovementioned data for internal marketing purposes. Further, the Client provides its explicit consent to the Company to send emails and messages to the Client, including through its user profile/account, which emails and messages may contain links to videos, instructions, training materials for product and service installation and usage, offers for purchasing additional services, offers for upgrade to higher subscription plans, promotional offers, discounts, and other email and messages.

The Client has the right to opt-out of receiving commercial communications by using the contact form or by sending an email to the Company at: support@qualibooth.com

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Brand and Marketing Permissions

Client grants Company the right to use its name and logo to refer to it on Company's website, earnings release and calls, and or marketing and promotional materials.

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Limitation of the Company’s Liability

The Company is responsible to the Clients only for providing access to the script (browser script) mentioned above in item2, through which access the Clients can install and use the product, in accordance with the purchased subscription plan with included parameters and for a certain duration. In all cases, the Company’s liability towards the Clients is limited to the fees paid by the Client under the agreement with the Company for a period of one month, although the actual amount of damages suffered and profits lost by the Client may exceed this amount. The provision under the previous sentence establishes the maximum amount of the Company’s liability to the Client and includes all damages and lost profits experienced by the Client.

Here is the example: if a Client has paid EUR 708 for an annual subscription plan, the maximum amount of the Company’s liability towards the Client for the Company’s breach of the agreement is limited to EUR 59 (the fee for a one-month period). This limitation applies regardless of the fact that the actual amount of the damages suffered and lost profits by the Client, representing a direct and immediate consequence of the Company’s breach of the agreement, may exceed the amount of USD 59.

Apart from the liability as it is explicitly described in the first paragraph of this item 16, the Company bears no liability towards the Client and is not responsible, including, but not limited to, in the following cases listed below.

The Company is not responsible and does not undertake any obligations or commitments for compatibility of its products and services, including its software and program code and script (browser script) with the web pages of the Clients. The Company does not provide and does not ensure compatibility and does not guarantee it under any circumstances.

The Clients agree and accept that the functioning of the products and the services is provided “as is”. The Clients agree and accept that the Company has no obligation and does not undertake any obligation to fix or repair any malfunctions, anomalies, imperfections, errors, inaccuracies, out-of-datedness, or problems related to the products and the services, including the script (browser script), their installation, and functionality.

The reports of errors and non-conformities of the Clients’ Internet pages with the provisions of Directive (EU) 2019/882 of the European Parliament and of the Council of April 17, 2019 on the requirements for accessibility of products and services, the Guidelines for accessibility of web content versions WCAG 2.1 and WCAG 2.2 (Web Content Accessibility Guidelines – WCAG 2.1 and WCAG 2.2), as well as with the provisions of the ADA (Americans with Disabilities Act), which reports are generated as a result of using the products and services, are not exhaustive, do not show all errors and inconsistencies and do not claim to show all errors and inconsistencies and in this sense do not claim to be exhaustive. The recommendations provided in the reports for eliminating errors and inconsistencies are optional and entirely discretionary. Any actions taken by the Clients to follow these recommendations for error correction are solely at the discretion and responsibility of the Clients.

The use of the products and services, including the product, may result and lead to the suspension, interruption, and/or delay of the operation of the Clients’ Internet pages and platforms, to impaired functionalities, to the suspension, interruption and/or delay in the receipt and processing of orders, to difficulties in accessing these Internet pages and platforms, to loss of data, and may lead to any other malfunctions, damages and anomalies. In case of any problems or any other issues related to the operation of the Internet pages and platforms of the Clients, caused by the installation and/or use of the products and the Company’s services, the Company assumes no responsibility and shall not be responsible. The installation and the use of the products and the services is entirely the responsibility of the Clients and is at the sole discretion of the Clients.

By accepting these General Terms and Conditions, the Clients declare that they are informed, agree, and accept that the Company has no obligation and does provide any guarantees that the products and services can be used to achieve or can achieve specific goals and/or tasks, nor that they possess specific characteristics and/or content (except for those explicitly indicated in writing for the respective subscription plan).

By accepting these General Terms and Conditions, the Clients declare that they are informed, agree, and accept that the Company has no obligation to provide and does not provide guarantees regarding completeness, reliability, absence of errors, actuality, and/or suitability of the provided products and services to achieve and/or meeting any general and/or Client-specific needs and/or goals.

Given that the products and services are offered solely for general information purposes (and are not tailored to the needs of specific Clients or websites) and taking into account the other clauses limiting the Company’s liability, the Client agrees and declares that the Company is not liable for any damages and lost profits suffered by the Client as a result of decisions made, actions taken, inaction, or certain behaviour on behalf of the Client in connection with the installation and/or use of the products and services. All such actions, inactions, decisions, and conduct are entirely at the discretion, judgment, and sole responsibility of the Client.

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Responsibility of the Clients

The Clients are obliged to use the products and services provided by the Company in good faith, in compliance with the law, the applicable regulations, and the provisions of these General Terms and Conditions.

The Clients have no right to perform actions that threaten the integrity and/or the wholeness of the products and services provided by the Company, their content and functioning.

The Clients are not permitted to perform actions that prevent other clients from using the products and services offered by the Company, or actions that endanger or violate rights and legitimate interests of other clients.

In case of violation of any of the provisions of this item 17 or violation of another provision of these General Terms and Conditions, the Company has the right to immediately suspend and/or restrict the Client’s access to the products and services and notify the Client of such action as soon as possible.

The Client undertakes to indemnify the Company and the third parties for all damages and lost profits suffered by them in the event that the Client has violated any provision of these General Terms and Conditions, the law or the applicable legislation and/or has caused damages to the Company and/or to the third parties in connection with the use of the products and the services or has violated copyright and/or neighboring rights, know-how, trade secrets and/or other property rights or intellectual property rights of the Company and/or the third parties.

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Information about the Company, Control authorities

In accordance with the requirements of the Law on Electronic Commerce, the Company provides unhindered, direct and permanent access to the recipients of the services and to the competent authorities to the following information by publishing it in these General Terms and Conditions and on the website of the Company, namely:

Legal Name: QualiBooth Ltd.

Legal Organizational Form: Limited Liability Company

Subject of activity: development and implementation of web accessibility testing tools and related activities, as well as other lawful activities

Foreign Language Spelling: “QualiBooth” Ltd.

Registered Address: Bulgaria, Sofia, 1404, Triaditsa District, Bulgaria Blvd. No. 69, Office Tower B, Floor 7, Office 7.1

Address of management /and corresponding address/: Sofia, 1404, Triaditsa District, Bulgaria Blvd. No. 69, Office Tower B, Floor 7, Office 7.1

Email: support@qualibooth.com

Entry in the Commercial Register of the Republic of Bulgaria with EIK: 207110348

VAT Registration number: BG 207110348

The Company’s activities are subject to control by the Consumer Protection Commission, in accordance with the provisions of the Law on Electronic Commerce. Additionally, the processing of personal data by the Company is regulated and supervised by the Personal Data Protection Commission, as stipulated by the Personal Data Protection Law.

Here is the contact information for the Consumer Protection Commission:

Address: Sofia 1000, Slaveykov Square #4A, Floors 3, 4, and 6

Phone: 02/933 0565

Fax: 02/988 4218

Website: https://www.kzp.bg

Email: info@kzp.bg

Here is the contact information for the Personal Data Protection Commission:

Address: Sofia 1592, Prof. Tsvetan Lazarov” #2

Phone: 02/915 3518

Fax: 02/988 4218

Website: https://cpdp.bg

Email: kzld@cpdp.bg

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Acceptance and amendment of these General Terms and Conditions

The general terms and conditions are an integral part of the agreement for the provision of products and services concluded between the Company and the Client upon the Client’s order.

The General Terms and Conditions are binding and apply to all Clients and visitors to the Company’s website, regardless of whether they have accepted the General Terms and Conditions by making an explicit statement. All Clients are considered bound and undertake to observe the General Terms and Conditions in the event of placing an order, paying a subscription fee, and/or accessing and/or using any of the products and/or services provided by the Company.

The acceptance of these General Terms and Conditions is made by clicking on a separate box on the Company’s website marked with “I agree,” “I accept,” “subscribe now” or another unambiguous expression indicating that the Client has read, understands and accepts the General Terms and Conditions.

Acceptance of the General Terms and Conditions by deliberately clicking on the relevant box/button means that the Client is familiar with, has read, understands, fully accepts, and undertakes to observe the General Terms and Conditions.

The General Terms and Conditions are considered accepted by the Client (without the need for their explicit acceptance) if the Client starts using or accesses the products and services, including within a free trial period, without immediately and in writing challenging the General Terms and Conditions to the Company.

In the process before and during the registration and creation of a profile, as described above in item 4, the Clients are given the opportunity to familiarize themselves with these General Terms and Conditions. Registering and creating a Client’s account/profile, as well as logging into the account/profile using a Microsoft account or Google account, means that the Client accepts these General Terms and Conditions.

The Company reserves the right at any time and entirely at its own discretion, to change and modify these General Terms and Conditions by posting the changed General Terms and Conditions on its website. The Company will notify the Clients of any changes to the General Terms and Conditions at least 7 days before the changes take effect by publishing the changed General Terms and Conditions on its website. The Clients are responsible for regularly checking for changes and updates to the General Terms and Conditions on the Company’s website and familiarizing themselves with the changes. The Clients’ use of the products and/or services following the entry into force of such changes to the General terms and conditions shall constitute acceptance of the change(s) and shall be deemed as Client’s consent to be bound by them.

The Company may, at its own discretion, provide notice about the amendments to the General Terms and Conditions through various means, including posting a notice on its website, within the Client’s profile, or by sending an email to the Client. The Clients are considered to have been duly notified about the changes to the General Terms and Conditions when the Company has published the changes on its website or has used any of the notification methods mentioned above, without being needed to notify the Clients by using two or more forms of notice.

If the Client does not agree with the amendments to the General Terms and Conditions, it has the right to terminate the existing agreement with the Company by providing a written notice. In such a case, the agreement will be terminated upon the expiration of the subscription period and until then the General Terms and Conditions that were in effect prior to the amendment will apply for this specific Client. The Client can exercise its right to terminate the agreement by sending a written notification to the Company but before the amended General Terms and Conditions has come in effect.

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Disputes between the parties and applicable law

Unresolved issues arising from the agreement and these General Terms and Conditions are governed by the commercial and civil legislation of the Republic of Bulgaria.

Any disputes that arise between the parties will initially be resolved through negotiations with the aim of reaching an amicable agreement. If the parties are unable to reach an agreement through negotiations, they agree to attempt mediation. The mediator will be selected by the Company, subject to approval by the parties involved in the dispute. If mediation fails to resolve the dispute despite the parties’ good faith efforts, the matter may then be referred to the appropriate Bulgarian court, either the Sofia District Court or Sofia City Court.

These General Terms and Conditions were adopted by the Company on January 1^st, 2024. In case of any discrepancies between the text of the General Terms and Conditions in Bulgarian and the text in another language, the version in Bulgarian will take precedence