Terms of Service
Last updated: July 2026
1. Introduction
These Terms of Service (hereinafter, the “Terms”) govern access to and use, through a monthly Subscription, of the artificial intelligence and cloud computing SaaS platform (hereinafter, the “Platform”), the artificial intelligence agents, chatbots, automations, integrations, APIs, and other features available through said Platform, offered by QUOLIX S.A.S. (hereinafter, “QUOLIX”, “we”, or “the Company”).
By registering, contracting, accessing, or using any of the services, the Client represents that they have read, understood, and accepted these Terms.
2. Definitions
For purposes of these Terms:
- Client: the natural or legal person who contracts the services.
- User: a person authorized by the Client to access the Platform.
- Platform: the artificial intelligence and cloud computing SaaS platform, provided under the Software as a Service (SaaS) model, developed and operated by QUOLIX, which the Client accesses remotely through a Subscription.
- Subscription: the monthly access plan through which the Client obtains the right to use the Platform, in accordance with these Terms.
- AI Agent: an artificial-intelligence-based system capable of automatically interacting with users.
- Bot: a conversational assistant configured by QUOLIX or by the Client.
- Services: all products, features, APIs, integrations, automations, and tools offered by QUOLIX.
- Client Data: all information provided by the Client or processed through the Platform.
- Personal Data: any information linked to, or that can be associated with, one or more identified or identifiable natural persons, within the meaning of Law 1581 of 2012 and its implementing decrees.
3. Purpose of the Service
QUOLIX provides access, through a monthly Subscription, to an artificial intelligence and cloud computing SaaS platform intended to automate business processes.
The services may include, among others:
- Intelligent agents.
- Chatbots.
- Customer service automation.
- Sales automation.
- Appointment automation.
- CRM integration.
- ERP integration.
- Messaging platform integration.
- Admin dashboards.
- APIs.
- Analytics tools.
Contracting a specific service does not imply access to all of the platform's features.
4. Access to the Platform
During the term of the Subscription, QUOLIX grants the Client a right to access the Platform that is:
- Limited.
- Revocable.
- Non-exclusive.
- Personal.
- Non-transferable.
This right of access does not constitute a sale, assignment, or traditional software licensing, nor does it transfer to the Client any ownership right, copy, or installation of the Platform. It is solely a cloud computing service, provided under the Software as a Service (SaaS) model, which the Client accesses remotely for as long as they maintain an active Subscription.
The Client may only use the Platform in accordance with the contracted purpose and for the term of their Subscription.
The Client may not, directly or indirectly: reverse engineer, decompile, or disassemble the Platform or its associated AI models; copy, replicate, or create derivative works of the Platform for purposes other than those authorized; use the Platform, its outputs, or the data generated during its use to train, develop, or improve artificial intelligence models that compete with QUOLIX; or circumvent or attempt to circumvent the Platform's technical limitations or access controls.
5. Registration and Accounts
The Client is responsible for:
- The accuracy of the information provided.
- Keeping their data up to date.
- Protecting their credentials.
- All activities carried out from their account.
- Properly managing their users' permissions.
The Client must immediately report any unauthorized access.
QUOLIX will implement reasonable technical and organizational security measures to protect the information hosted on the platform. In the event of a security incident that compromises Client data, QUOLIX will notify the Client without undue delay, informing them of the nature of the incident and the measures taken to mitigate it, without prejudice to any additional obligations under applicable law.
6. Client Responsibility
The Client will be responsible for:
- Correctly configuring its processes.
- Reviewing the operation of automations.
- Validating critical responses generated by the AI.
- Periodically supervising its agents.
- Keeping the information used to train assistants up to date.
The Client may not fully delegate its critical processes to automated systems without adequate oversight mechanisms.
In particular, the Client will be responsible for validating any action or decision, made based on the automations or on responses generated by the Platform, that could produce legal, economic, operational, or reputational effects.
7. Client Data
All data provided by the Client remains the property of the Client or its respective owners.
The Client represents that it has the necessary authorizations to process such data and authorizes QUOLIX to process it solely for the provision of the service.
QUOLIX will act as data processor where applicable under Law 1581 of 2012, its implementing decrees, and other related regulations, and in accordance with QUOLIX's Privacy Policy, available on its website.
Client Data will be retained for as long as the Client maintains an active account with QUOLIX, or for as long as there is a legal or contractual obligation justifying its retention. The Client may request the deletion of its data in accordance with applicable data protection law, without prejudice to information QUOLIX must retain due to legal obligations.
The Client acknowledges and authorizes that, given the technological infrastructure used by QUOLIX and its providers (including, among others, third-party cloud and artificial intelligence services), Client Data may be stored, processed, or transferred to servers located outside Colombian territory. QUOLIX will adopt reasonable contractual and technical measures required by applicable law to ensure adequate levels of protection in such international data transfers.
8. Use of Artificial Intelligence
QUOLIX's Services may use proprietary or third-party artificial intelligence models to generate responses, classify information, automate processes, and assist in decision-making.
The Client expressly acknowledges that:
- Responses generated by AI are probabilistic.
- AI may produce responses that are incorrect, ambiguous, incomplete, outdated, or inappropriate for a specific case.
- AI may interpret context imperfectly.
- Responses may vary for similar queries.
Accordingly, QUOLIX does not guarantee the accuracy, completeness, availability, or fitness of the responses generated by such systems for any specific purpose.
9. Automated Decisions
The Client agrees that:
- The platform is a support tool.
- Commercial, legal, medical, financial, or strategic decisions must be evaluated by competent individuals.
- QUOLIX does not replace the Client's professional judgment.
Any decision made exclusively based on AI-generated responses will be the Client's responsibility.
QUOLIX does not provide professional medical, legal, financial, accounting, or other regulated advisory services, and no output generated by the Platform or its AI Agents should be interpreted as such. The Client is solely responsible for obtaining suitable professional advice before making decisions based on such outputs.
10. Service Availability
QUOLIX will make commercially reasonable efforts to keep the Platform available.
However, the Client agrees that interruptions may occur due to:
- Preventive maintenance.
- Corrective maintenance.
- Updates.
- Failures by cloud infrastructure providers.
- Interruptions in third-party services necessary to provide the Platform.
- Unavailability of external APIs.
- Security incidents.
- Force majeure events.
Except as expressly agreed in a separate SLA, QUOLIX does not guarantee a specific level of service availability.
11. Payments and Billing
Access to the Services is provided through monthly subscription plans. The Client agrees to make the corresponding payment by bank transfer, by the billing cutoff date established for its plan.
If the Client fails to make payment on the corresponding date, QUOLIX may automatically suspend access to the Platform, without prior notice, until payment is verified. Suspension due to non-payment does not create any liability for QUOLIX or any right to compensation in the Client's favor.
Plan prices may be adjusted by QUOLIX, which will inform the Client with reasonable advance notice before the adjustment takes effect. Continued use of the Service after such notice constitutes acceptance of the new price.
The monthly Subscription fee for QUOLIX's SaaS Platform is not subject to Value Added Tax (VAT), as it is a cloud computing service provided under the Software as a Service (SaaS) model, excluded from VAT under numeral 21 of Article 476 of the Colombian Tax Code, in accordance with Unified Ruling No. 017056 of August 25, 2017 and DIAN Official Letter No. 17123 of 2019, to the extent QUOLIX meets the essential characteristics of cloud computing (on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured service), the SaaS service model, and one of the cloud deployment models recognized by applicable regulations.
However, additional support, implementation, consulting, customization, or other professional services provided by QUOLIX, when contracted by the Client, will be subject to VAT at the applicable rate, as they are not covered by the exclusion mentioned above, and will be billed separately from the subscription fee.
Note: the VAT exclusion depends on QUOLIX actually meeting and being able to demonstrate, at any time, the technical cloud computing characteristics required by DIAN (Ruling 017056 of 2017 and Official Letter 17123 of 2019). It is recommended to internally document such compliance (architecture, deployment model, etc.) and validate the classification with a tax advisor, as self-assessment of compliance is the service provider's responsibility.
12. Third-Party Services
The Platform may integrate with third-party services, including, among others:
- WhatsApp Business Platform.
- Meta.
- Google.
- Microsoft.
- OpenAI.
- Anthropic.
- Email services.
- CRMs.
- ERPs.
- E-commerce platforms.
- Payment processors.
QUOLIX does not control such services and will not be liable for changes, restrictions, interruptions, or decisions made by its providers.
The use of features supported by third-party AI providers (including, among others, OpenAI and Anthropic) is additionally subject to those providers' acceptable use policies. The Client agrees to comply with them and acknowledges that QUOLIX may be required to restrict, suspend, or modify features to comply with export controls, sanctions, or other regulatory restrictions imposed by such providers or by competent authorities.
13. Prohibited Uses
The Client agrees not to use the Platform for:
- Unlawful activities.
- Fraud.
- Identity theft.
- Mass distribution of spam.
- Phishing.
- Distribution of malware.
- Infringement of third-party rights.
- Distribution of illegal content.
- Harassment.
- Discrimination.
- Deceptive manipulation of users.
- Processing of data without legal authorization.
- Creating or distributing content that impersonates third parties without authorization, including deepfakes or deceptive synthetic content.
- Using the outputs, data, or interactions generated through the Platform to train, develop, or improve third-party or competing artificial intelligence models.
QUOLIX may immediately suspend the service upon detecting any of these behaviors.
14. Intellectual Property
All rights to the Platform belong exclusively to QUOLIX, including:
- Source code.
- Algorithms.
- Interfaces.
- Designs.
- Methodologies.
- AI models.
- Documentation.
- Trademarks.
- Logos.
- Improvements.
- Future developments.
The Client does not acquire any ownership right over such assets.
15. Confidentiality
Each party undertakes to maintain the confidentiality of technical, commercial, financial, and strategic information received during the contractual relationship.
This obligation will remain in effect during the term of the contract and for an additional period of two (2) years from its termination, except for information constituting a trade secret under applicable law, in which case the confidentiality obligation will remain in effect for as long as such information retains that character.
16. Limitation of Liability
To the maximum extent permitted by law, QUOLIX will not be liable for:
- Loss of revenue.
- Loss of profits.
- Loss of clients.
- Loss of business opportunities.
- Loss of reputation.
- Business interruptions.
- Indirect damages.
- Incidental damages.
- Consequential damages.
- Data loss caused by third parties.
- Errors arising from third-party services.
- Responses generated by artificial intelligence.
- Decisions made by the Client based on automations.
The limitations and exclusions set forth in this clause will not apply in cases of willful misconduct or gross negligence duly proven against QUOLIX, in accordance with applicable Colombian law.
QUOLIX's total cumulative liability to the Client, for any cause, will not exceed the amount actually paid by the Client to QUOLIX during the twelve (12) months preceding the event giving rise to the claim.
17. Indemnification
The Client agrees to indemnify QUOLIX against any claim, sanction, fine, investigation, or proceeding arising from:
- Information provided by the Client.
- Non-compliance with applicable law.
- Misuse of the Platform.
- Infringement of third-party rights.
- Unlawful processing of personal data.
- Content generated or disseminated through the Platform at the Client's instruction.
18. Changes to the Service
QUOLIX may:
- Add new features.
- Modify internal processes.
- Update algorithms.
- Replace technology providers.
- Improve infrastructure.
- Fix bugs.
- Retire obsolete features.
When a change substantially affects the Client's rights or obligations, QUOLIX will endeavor to provide reasonable advance notice.
19. Term and Cancellation
The contract is entered into on a monthly subscription basis, automatically renewing at the start of each period, unless the Client cancels its subscription before the renewal date.
The Client may cancel its subscription at any time through the platform or by written request. Cancellation will take effect at the end of the monthly period already paid for, without generating pro-rated refunds for unused time within that period.
QUOLIX may immediately suspend access in the event of late payment, in accordance with the Payments and Billing clause, without this constituting termination of the contract, unless the delinquency persists for an extended period, in which case QUOLIX may terminate the contract.
20. Suspension and Termination
QUOLIX may suspend or terminate access to the Platform when:
- There is a breach of these Terms.
- Fraudulent or unlawful activities are detected.
- There is a payment default for the services.
- A competent authority so requires.
- Use of the Platform poses a risk to the operation of the service, other clients, or third parties.
Suspension or termination due to Client breach will not create a right to a refund, unless applicable law provides otherwise.
21. Applicable Law and Jurisdiction
These Terms will be governed by the laws of the Republic of Colombia.
The parties will make good-faith efforts to resolve any dispute through direct negotiation. If no agreement is reached, disputes will be submitted to the competent courts of QUOLIX's principal place of business, unless a mandatory legal provision states otherwise.
22. Changes to the Terms
QUOLIX may modify these Terms when necessary due to legal, regulatory, technological, or commercial changes.
The current version will always be available on the website. Continued use of the Services after the modifications take effect will constitute acceptance of the new Terms.
23. General Provisions
Severability: if any provision of these Terms is declared invalid or unenforceable by a competent authority, such provision will be deemed severed from the rest, which will remain fully valid and effective.
Entire agreement: these Terms, together with the exhibits, service orders, and expressly referenced policies, constitute the entire agreement between the parties regarding their subject matter, and supersede any prior understanding, whether verbal or written.
Assignment: the Client may not assign this contract or the rights arising from it without QUOLIX's prior written consent. QUOLIX may assign this contract, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of assets, upon notice to the Client.
Capacity: the Client represents that it is of legal age and has the legal capacity necessary to contract, or, in the case of a legal entity, that the signatory has sufficient authority to bind it.
24. Contact
For inquiries related to these Terms of Service, you may contact:
- QUOLIX S.A.S.
- Email: info@quolixai.com
- Website: www.quolixai.com