Terms of Use

These Terms of Use ("Terms") form a binding agreement between you and ETS Labs, a division of Etech Global Services, LLC, a Texas limited liability company ("ETS Labs," "we," "us," "our"). By accessing or using qeval.ai, any related subdomain, any online property that links to these Terms, or any QEval® software or service offered through the site (collectively, the "Site"), you accept these Terms. If you do not accept these Terms, do not use the Site. If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization.

1. Scope of these Terms

These Terms govern two layers of engagement:

• Website use. All visitors to qeval.ai, including prospects, partners, and members of the public, are bound by these Terms from the moment they access the Site.
• Platform access. Users who register for and access the QEval® platform (including free trials, pilot programs, and paid subscriptions) are bound by these Terms in addition to any applicable order form or Master Services Agreement.

These Terms govern your use of the Site and the QEval® platform accessible through it. They do not govern the delivery of contracted professional services, which are governed exclusively by a signed Master Services Agreement and any applicable statement of work.

2. Definitions

Term	Meaning
Agreement	These Terms of Use, together with any order form, and the Privacy Policy and Cookie Policy incorporated by reference.
Confidential Information	Any non-public technical, business, or financial information disclosed by either party that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Includes platform source code, pricing, client data, QEval® algorithms and methodologies, and proprietary scoring frameworks. Does not include information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party, or is independently developed without use of the disclosing party's information.
Content	All text, data, graphics, software, audio, video, and other material published on or accessible through the Site by ETS Labs.
Licensed Products	The QEval® software platform, including all features, updates, documentation, and APIs made available to Licensee under these Terms or an applicable order form.
Licensee / You	The individual accessing the Site or platform, together with the business or other entity on whose behalf they act. Licensee is responsible for the acts and omissions of all Users it authorizes.
MSA	A Master Services Agreement separately negotiated and signed between ETS Labs and an enterprise client.
Service Data	Call recordings, transcripts, evaluation scores, agent data, and other data that Licensee uploads to, processes through, or generates within the QEval® platform.
User	Any individual authorized by Licensee to access the platform under Licensee's account, including agents, supervisors, and administrators.

3. Relationship to Master Services Agreement

Enterprise clients who have executed an MSA with ETS Labs receive contractual commitments, including service level terms, deployment timelines, data processing obligations, and exit provisions, exclusively through that MSA. Where an MSA exists:

• The MSA governs the delivery of services and prevails over these Terms on matters within its scope.
• These Terms continue to govern website use and any matters not addressed by the MSA.
• Content on this Site describing QEval® capabilities does not create a contractual commitment to any outcome. Commitments about service levels, deliverables, staffing, and remedies are set only in a signed MSA or statement of work.

To request an MSA, contact your account team or write to sales@qeval.ai.

4. Registration and accounts

Certain areas of the Site and the QEval® platform require registration. By registering, you agree to: (i) provide accurate, current, and complete information; (ii) maintain and promptly update that information; and (iii) keep your credentials confidential and not share them with any unauthorized person. You represent that you are at least 18 years of age.

You are responsible for all activity that occurs under your account until you notify us of unauthorized access at security@qeval.ai | security@etechgs.com. ETS Labs may suspend or terminate any account at any time for violation of these Terms, suspected security compromise, or if ETS Labs determines in its reasonable discretion that the account holder is not an appropriate user of the QEval® platform.

5. Acceptable use

You agree to use the Site and platform only for lawful purposes and in accordance with these Terms. You agree not to:

• Access, probe, scan, or test the Site or QEval® platform without authorization, or bypass authentication, rate limiting, security controls, or PCI redaction mechanisms
• Scrape, crawl, or systematically retrieve Content except as permitted by robots.txt and applicable law
• Introduce malware, worms, trojans, ransomware, or any other harmful code
• Use the QEval® platform to process data you are not authorized to process, or to process call recordings of parties who have not provided required consent under applicable law, including two-party consent states
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the QEval® platform or its underlying AI models
• Resell, sublicense, or provide access to the QEval® platform to any third party not covered by your order form or MSA without ETS Labs's prior written consent
• Use the platform to train a competing AI or machine learning model
• Use the Site to send unsolicited commercial communications or harvest contact information
• Impersonate ETS Labs personnel or any other person or entity
• Submit false, misleading, defamatory, or unlawful content
• Use the Site or platform in violation of applicable export control, sanctions, consumer protection, or privacy laws

ETS Labs reserves the right to investigate violations and take appropriate action, including suspending or terminating access, reporting conduct to law enforcement, and pursuing civil remedies.

6. Service data and platform processing

ETS Labs does not own any Service Data. ETS Labs processes Service Data solely to deliver the contracted platform service to Licensee. Specifically:

• ETS Labs will not access or use Service Data for any purpose other than providing and improving the Service to Licensee.
• ETS Labs does not screen, review, verify, or take responsibility for the accuracy, legality, or completeness of Service Data uploaded by Licensee.
• Licensee is solely responsible for all Service Data it produces, transmits, or stores in the platform, including obtaining any required consents from third parties whose data is included.
• ETS Labs may use aggregated, anonymized, and de-identified data derived from the Service for product development and improvement of its AI models, provided such data cannot be reasonably traced back to any individual or to Licensee. ETS Labs will not use identifiable Service Data to train models for the benefit of other customers.

Processing of Service Data by ETS Labs on behalf of enterprise clients is governed by the applicable Data Processing Agreement, which incorporates the security controls and retention schedules described in our Privacy Policy.

7. Intellectual property

ETS Labs intellectual property

The Site, the Licensed Products, the Content, and all related intellectual property rights are owned by ETS Labs or its licensors. Subject to your compliance with these Terms, ETS Labs grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for personal or internal business evaluation purposes. This license does not include the right to copy, modify, distribute, publicly perform, display, or create derivative works from the Content except as expressly permitted.

Marks

QEVAL®, ETS Labs, the QEval® wordmark, and related word and design marks are trademarks of ETS Labs or Etech Global Services, LLC. Third-party names, logos, and trademarks on the Site are the property of their respective owners. Their inclusion does not imply endorsement unless explicitly stated.

Proprietary methodologies and AI models

The QEval® platform, the multi-expert evaluation architecture, the Champion-Challenger methodology, the PHI and PCI redaction model set, conversational scoring algorithms, and related analytical methods embody proprietary processes, software, and know-how of ETS Labs. Nothing in these Terms transfers to Licensee any right in ETS Labs's patents, copyrights, trademarks, trade secrets, or other intellectual property except the limited use license stated above.

Copyright infringement notices

ETS Labs respects the intellectual property rights of others. If you believe that content on the Site infringes a copyright you own or control, please submit a notice to our designated DMCA agent following the procedure described in our Copyright Policy.

Submissions

If you submit a message, a request for proposal response, a comment, or any other information through the Site ("Submission"), you represent that you own or control all rights in the Submission and that it does not violate any law or third-party right. For Submissions other than job application materials, you grant ETS Labs a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, adapt, and display the Submission for the operation and promotion of ETS Labs's business. Feedback about the Site or the platform is non-confidential and may be used by ETS Labs without restriction or compensation. Job application materials are governed by our Privacy Policy.

8. Confidentiality

Each party agrees to: (i) hold the other party's Confidential Information in strict confidence using at least the same degree of care it uses for its own confidential information, but no less than reasonable care; (ii) use Confidential Information only for the purposes of performing obligations or exercising rights under these Terms or an applicable MSA; and (iii) not disclose Confidential Information to any third party without the disclosing party's prior written consent, except to employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations at least as protective as these Terms.

Upon termination of this Agreement for any reason, each party shall promptly return or certifiably destroy the other party's Confidential Information and, upon request, provide written certification of destruction. Obligations regarding Confidential Information survive termination for a period of five years, or indefinitely for trade secrets.

9. Subscription and payment

Access to the QEval® platform is provided on a subscription basis. Fees are as set forth in the applicable order form or MSA. In the absence of an order form or MSA, fees are as quoted by ETS Labs in writing. Unless otherwise stated:

• Payment is due net-30 from invoice date.
• Subscriptions renew automatically at the end of each term unless either party provides written notice of non-renewal at least 30 days before the renewal date.
• ETS Labs may update fees at renewal with 60 days' prior written notice.
• ETS Labs may suspend platform access after 15 days' written notice of non-payment of undisputed amounts.
• All fees are non-refundable except as expressly stated in an applicable MSA or required by applicable law.

Where an MSA governs the commercial relationship, the MSA's payment terms prevail over this section.

10. Disclaimers

The Site, the Licensed Products, and the platform are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, ETS Labs disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted availability.

Outcomes, metrics, and case studies on the Site reflect documented results in specific client programs under specific conditions. Past performance is not a representation of future results. ETS Labs does not warrant that any result, conversion rate, cost reduction, or other metric described on the Site will be replicated in any program it performs for you.

Nothing on the Site constitutes legal, regulatory, tax, medical, or financial advice. Compliance statements describe ETS Labs's posture and certifications and do not constitute legal advice regarding your own compliance obligations.

Statements about planned features, capabilities, integrations, or market positioning are forward-looking. Actual results may differ, and ETS Labs assumes no obligation to update forward-looking statements.

11. Limitation of liability

To the fullest extent permitted by law, ETS Labs and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or relating to your use of the Site or platform, even if advised of the possibility of such damages.

The aggregate liability of ETS Labs and its affiliates for any claim arising out of or relating to these Terms or your use of the Site or platform shall not exceed the greater of: (a) the total fees paid by Licensee to ETS Labs in the twelve months immediately preceding the claim, or (b) US $500. Where an MSA exists between ETS Labs and your organization, liability for matters within the scope of that MSA is governed exclusively by the MSA.

Nothing in these Terms limits ETS Labs's liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by ETS Labs's negligence; or (iii) any liability that cannot be excluded or limited by applicable law. If you are a consumer resident in the European Union, European Economic Area, or the United Kingdom, your statutory consumer protection rights are not affected by these Terms.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ETS Labs and its affiliates, officers, directors, employees, and agents from and against any claim, demand, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your misuse of the Site or platform; (c) your Submissions; (d) your Service Data, including any failure to obtain required third-party consents; or (e) your violation of any applicable law or third-party right.

13. Term and termination

These Terms are effective from the date you first access the Site and continue until terminated. Licensee may terminate platform access at any time for convenience upon written notice to ETS Labs. ETS Labs may terminate or suspend access at any time, with or without cause, with or without notice, for violation of these Terms or for suspected security compromise.

Upon termination: (a) all platform access rights cease immediately; (b) Licensee shall promptly certifiably destroy or return all Confidential Information in its possession; (c) all obligations that accrued before termination, including any payment obligations, survive; and (d) ETS Labs will handle Licensee's Service Data in accordance with the applicable Data Processing Agreement and the retention schedule in our Privacy Policy.

The following sections survive termination: Confidentiality, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and General.

14. Governing law

These Terms are governed by the laws of the State of Texas, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 15, any action permitted to be brought in court shall be filed in the state or federal courts located in Nacogdoches County, Texas, and you consent to the exclusive jurisdiction and venue of those courts.

15. Dispute resolution

Informal resolution

Before filing any formal action, you agree to contact ETS Labs at legal@qeval.ai with a written description of the dispute and the resolution you seek. The parties will attempt in good faith to resolve the dispute informally for 30 days after notice is received. This informal resolution requirement is a condition precedent to arbitration.

Binding arbitration

If informal resolution does not succeed, any dispute arising out of or relating to these Terms or your use of the Site or platform shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or Consumer Arbitration Rules where you are a consumer. The arbitration shall be conducted by a single arbitrator in Nacogdoches County, Texas, in English. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

Class and representative action waiver

You and ETS Labs agree that disputes will be resolved on an individual basis only. Class arbitration, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted to the fullest extent permitted by law. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

Opt-out right

You may opt out of binding arbitration by notifying ETS Labs in writing at legal@qeval.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.

Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction for the actual or threatened infringement, misappropriation, or violation of intellectual property rights, or for small-claims court actions within applicable jurisdictional limits.

EU and UK consumers

If you are a consumer resident in the European Union, European Economic Area, or the United Kingdom, mandatory arbitration does not apply to you and you retain the right to bring disputes before the courts in your country of residence. The governing law clause in Section 14 does not prevent you from relying on mandatory provisions of the law of your country of residence.

16. General provisions

• Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any applicable order form or MSA, constitute the entire agreement between the parties regarding the Site and platform and supersede all prior understandings. Terms in any Licensee purchase order that conflict with these Terms are rejected.
• Severability. If any provision is held unenforceable, the remaining provisions continue in full force.
• No waiver. Failure to enforce any right is not a waiver of that right.
• Assignment. Licensee may not assign these Terms without ETS Labs's prior written consent. ETS Labs may assign these Terms to an affiliate or in connection with a merger, reorganization, or asset sale.
• Force majeure. ETS Labs is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, labor disputes, internet outages, or government action.
• Notices. Notices to you may be sent to the email on your account or posted on the Site. Notices to ETS Labs must be sent to legal@qeval.ai and to ETS Labs, Attn: Legal, 1903 Berry Drive, Nacogdoches, Texas 75964.
• No agency. These Terms do not create any agency, partnership, joint venture, or employment relationship.
• English controlling. These Terms are executed in English. If a translation is provided for convenience, the English version controls.
• Updates. ETS Labs may update these Terms to reflect changes in practices, technology, or legal requirements. ETS Labs will post the revised Terms and update the effective date. Where changes are material, ETS Labs will provide additional notice through a banner on the Site or direct email to registered users. Continued use after an update constitutes acceptance of the revised Terms.

17. Contact