TERMS OF SERVICE
These Terms of Service ("Terms") govern your access to and use of the Qivixa website (https://www.qivixa.com) and any business technology services provided by Qivixa. By accessing the Website or purchasing or using Qivixa services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Website or our services.
If you enter into a separate written agreement, proposal, quotation, or statement of work ("SOW") with Qivixa, that document may contain additional or more specific terms for your project. If there is a conflict between these Terms and a signed agreement or SOW, the signed agreement or SOW will generally govern the specific project, to the extent permitted by applicable law.
These Terms of Service are provided as a general business template and should be reviewed by a qualified legal professional before being relied upon as a legally binding agreement.
1. ACCEPTANCE OF TERMS
By using the Qivixa Website or purchasing or using any Qivixa services, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must not use the Website or services.
If you are using the Website or services on behalf of a business or organization, you represent and warrant that you have the authority to bind that business or organization to these Terms.
Individual client contracts, proposals, quotations, and SOWs may include additional terms. Where there is a conflict between these Terms and a signed client agreement or SOW, the signed document will govern the specific project or engagement, where legally applicable.
2. ABOUT QIVIXA
Qivixa is a business technology services provider based in Ghana. We help businesses design, implement, integrate, and optimize systems that support automation, customer interactions, workflows, and search visibility.
Our services may include, among others:
- AI automation
- AI agents and AI customer support systems
- Business process and workflow automation
- Lead automation and CRM automation
- Communication automation and AI sales systems
- AI productivity systems
- LLM integrations and RAG systems
- Technical SEO, keyword research, and AI-powered search / GEO optimization
- Business systems integration
- Ongoing maintenance, monitoring, and optimization
Qivixa does not provide legal, financial, medical, cybersecurity, or regulatory advice. Any information we provide is for general business and technical purposes only and should not be treated as professional advice in those specialized areas.
3. ELIGIBILITY
Qivixa provides services to businesses and professional organizations. By using the Website or purchasing services, you represent that:
- You are at least the age of legal majority in your jurisdiction; and
- You have the legal capacity to enter into a binding agreement; and
- If you are acting on behalf of a business or organization, you have the authority to bind that entity to these Terms and any applicable agreement or SOW.
If you do not meet these requirements, you must not use the Website or purchase services from Qivixa.
Infrastructure Integrity
Projects are performed according to the scope defined in the applicable proposal, quotation, SOW, or service agreement.
Requests that fall outside the agreed scope may:
- Require additional fees; and/or
- Require adjustments to the project timeline; and/or
- Be treated as a separate project.
Qivixa is not obligated to perform additional work simply because it is technically related to the original project. Any significant scope changes should be documented and approved by both parties in writing (for example, via an updated SOW, change order, or written confirmation).
Account Accountability
To enable Qivixa to deliver services effectively, clients may need to provide, as applicable:
- Accurate and up-to-date business information
- Access credentials and permissions (e.g., website, CRM, analytics, communication tools, APIs)
- Website and hosting access
- CRM and marketing platform access
- API keys and integration details
- Content, product/service information, and brand assets
- Knowledge-base materials and internal documentation
- Timely feedback and approvals
- Any other information or access reasonably required to complete the project
Delays in providing required information, access, or approvals may affect project timelines and deliverables. Clients remain responsible for ensuring that all information and materials they provide are accurate, lawful, and do not infringe the rights of others.
Qivixa provides customized B2B technology services rather than a single standardized software product. Our services may include:
- AI automation and AI agents
- Business process automation and workflow automation
- CRM automation, lead automation, and communication automation
- AI customer support systems and AI sales systems
- AI productivity systems
- LLM integrations and RAG systems
- Technical SEO, keyword research, and AI-search optimization
- Business systems integration
- Ongoing maintenance, monitoring, and optimization
The exact scope, deliverables, timeline, integrations, responsibilities, and fees for any project will be defined in the applicable proposal, quotation, SOW, or service agreement. Unless expressly agreed in writing, Qivixa does not guarantee specific business outcomes, such as a particular revenue level, number of leads, or search ranking.
All source code, AI model weights, and custom workflow logic developed by Qivixa remains the exclusive intellectual property of the firm.
Data Localization
Qivixa may integrate or work with third-party platforms and services, such as:
- CRM systems
- Communication and messaging platforms
- AI and automation platforms
- Analytics and reporting tools
- Website and hosting platforms
- Payment platforms
- Search engines and advertising platforms
- Cloud services and external APIs
These third-party services have their own terms, pricing, availability, security practices, and limitations. Qivixa does not control these providers and cannot guarantee their uninterrupted operation or future availability.
Changes, outages, API restrictions, pricing changes, discontinued features, or policy changes by third-party providers may affect the performance or behavior of a Qivixa implementation. Unless otherwise agreed in writing, clients are responsible for their own third-party subscriptions, licenses, and usage charges.
8. THIRD-PARTY SERVICES AND INTEGRATIONS
Qivixa designs and implements AI and automation systems to support business processes, customer interactions, and internal workflows. However, AI systems can sometimes produce incorrect, incomplete, outdated, or unexpected outputs.
We aim to design systems with appropriate workflows, rules, validation steps, monitoring, and human escalation paths where applicable. Even so, no AI or automated system can be guaranteed to operate perfectly in every situation.
Clients remain responsible for:
- Reviewing and approving important business decisions and outputs where appropriate
- Ensuring that AI-generated content or actions are suitable for their specific use cases
- Complying with applicable laws, regulations, and industry standards when using AI and automation
Qivixa does not promise 100% accuracy, fully autonomous operation, or error-free performance of any AI or automation system.
9. SEO AND SEARCH PERFORMANCE
Fees for Qivixa services are determined by the applicable proposal, quotation, SOW, or service agreement.
Clients agree to pay fees according to the payment schedule set out in the relevant agreement. This may include deposits, milestone payments, or recurring fees.
Work requested outside the agreed scope may incur additional charges, which will be communicated and, where appropriate, agreed in writing before the work is performed.
Project fees vs. maintenance fees
- One-time project fees: Cover the design, implementation, or initial delivery of a defined scope of work.
- Ongoing maintenance fees: Cover continuing services such as monitoring, updates, troubleshooting, and optimization, as described in the applicable agreement.
10. FEES AND PAYMENT
Qivixa may provide SEO, technical SEO, keyword research, and AI-search optimization services. Search performance depends on many factors outside Qivixa’s direct control, including:
- Search engine algorithms and updates
- Competitor activity
- Market conditions
- Website content and technical changes
- Third-party platform behavior
- User behavior and external events
For this reason, Qivixa does not guarantee:
- Specific rankings on Google or other search engines
- Specific levels of traffic, leads, revenue, or conversions
- Specific AI-search citations or visibility
Any performance figures, case studies, or examples presented by Qivixa are illustrative of particular projects and are not guarantees of future results.
12. REFUNDS AND CANCELLATIONS
Refunds and cancellations are handled in accordance with the applicable proposal, quotation, SOW, or service agreement and any mandatory legal requirements.
Because Qivixa provides customized B2B services, eligibility for refunds will depend on factors such as:
- The stage of the project
- The work already completed
- Costs or commitments already incurred
If a project is cancelled after work has started, Qivixa may be entitled to payment for:
- Work already performed
- Non-refundable or committed third-party costs
- Approved expenses, where applicable
Any specific refund or cancellation terms for a project should be set out in the relevant agreement. Nothing in these Terms is intended to override mandatory consumer or business-protection laws that apply to a particular client.
13. INTELLECTUAL PROPERTY
Client materials
- Client-owned materials (such as existing content, data, trademarks, logos, brand assets, and internal documentation) remain the property of the client or its licensors, unless otherwise agreed in writing.
Qivixa materials
- Qivixa retains all rights to its pre-existing and general materials, including but not limited to:
- Frameworks and templates
- Processes and methodologies
- Reusable components and code snippets
- Tools, systems, and internal documentation
- Know-how and expertise
Custom deliverables
- For custom deliverables created specifically for a client (such as configurations, workflows, or custom integrations), ownership or licensing will be governed by the applicable agreement and may depend on full payment of the relevant fees.
Unless a written agreement states otherwise, Qivixa does not transfer ownership of its core intellectual property, and clients receive only the rights necessary to use the deliverables for their internal business purposes.
15. DATA PROTECTION
15. DATA PROTECTION
Qivixa will handle client data and confidential information in accordance with these Terms, the applicable agreement, and Qivixa’s Privacy Policy.
Clients should only provide information that Qivixa reasonably needs to perform the services. Clients remain responsible for ensuring that any personal data or confidential information they provide is collected and shared lawfully.
Qivixa does not make any claims in these Terms about specific security certifications. For more information about how we handle personal information, please refer to our Privacy Policy and any dedicated Security or Resources pages on the Website.
16. SECURITY
Qivixa takes reasonable measures to protect the systems and information used in its services. These measures may include technical, organizational, and procedural safeguards.
However, no internet-connected system can be guaranteed to be completely secure. Clients are responsible for maintaining appropriate security for their own accounts, credentials, devices, networks, and third-party platforms.
Qivixa is not responsible for security incidents caused by factors outside its reasonable control, such as compromised client credentials, insecure client devices, or vulnerabilities in third-party platforms.
17. ACCEPTABLE USE
You agree not to use Qivixa’s services or any systems we implement for any illegal, fraudulent, harmful, or abusive purpose. This includes, without limitation:
- Violating applicable laws or regulations
- Engaging in fraud, deception, or misrepresentation
- Harassing, threatening, or abusing others
- Sending spam or unsolicited bulk communications
- Distributing malware or malicious code
- Attempting to gain unauthorized access to systems, data, or accounts
- Circumventing or attempting to circumvent security or access controls
- Misusing third-party platforms or violating their terms of use
Qivixa may suspend or terminate services where reasonably necessary due to unlawful, abusive, or unauthorized use, in accordance with the applicable agreement and law.
18. WARRANTIES AND DISCLAIMERS
Qivixa will provide services with reasonable care and professional skill, consistent with good industry practice for similar B2B technology services.
Unless expressly stated in a written agreement, Qivixa does not warrant that:
- Services will be uninterrupted or error-free
- Any system, integration, or automation will be free from defects or vulnerabilities
- Specific business results, revenue, leads, rankings, conversions, or AI accuracy will be achieved
- Third-party services will remain available, unchanged, or compatible
To the fullest extent permitted by applicable law, Qivixa disclaims all other warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent such disclaimers are not permitted by law.
19. LIMITATION OF LIABILITY
Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is not permitted by applicable law.
To the extent permitted by law, and except for liability that cannot be limited, Qivixa’s total aggregate liability arising out of or relating to the services or these Terms will be limited to an amount no greater than the fees paid by the client to Qivixa for the specific services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim (or such other period or amount as may be specified in the applicable agreement).
To the extent permitted by law, Qivixa will not be liable for any:
- Indirect, incidental, consequential, special, or punitive damages
- Loss of profits, revenue, business, or anticipated savings
- Loss or corruption of data
- Business interruption
These limitations apply whether the claim is based on contract, tort (including negligence), strict liability, or any other legal theory, and even if Qivixa has been advised of the possibility of such damages, but only to the extent such limitations are permitted by applicable law.
20. INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Qivixa and its directors, officers, employees, and contractors from and against reasonable losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your breach of these Terms or an applicable agreement
- Your misuse of the services or systems implemented by Qivixa
- Your violation of applicable laws or third-party rights
- Content, data, or materials you provide that are unlawful or infringe the rights of others
Any indemnification obligations will be subject to applicable law and to any specific terms set out in the relevant agreement.
21. CONFIDENTIALITY
During the course of a project, both Qivixa and the client may receive confidential or proprietary information from the other party.
Each party agrees to:
- Use the other party’s confidential information only for legitimate purposes related to the business relationship; and
- Take reasonable steps to protect the confidentiality of such information.
These obligations do not apply to information that:
- Is or becomes publicly available without breach of these obligations
- Was already lawfully known to the receiving party before disclosure
- Is independently developed by the receiving party without use of the disclosing party’s confidential information
- Is received from a third party who is not under an obligation of confidentiality
- Must be disclosed by law, regulation, or court order (in which case, where lawful, the receiving party will provide notice to the disclosing party).
22. CASE STUDIES AND RESULTS
With the client’s permission, Qivixa may reference selected projects, methodologies, or anonymized examples in case studies, portfolios, or educational and marketing materials.
Any statistics or performance figures used in such materials should accurately represent the applicable project and should not be interpreted as guarantees of future results for other clients.
23. COMMUNICATIONS
Qivixa may communicate with clients and prospects using email, messaging platforms, project-management tools, or other agreed channels.
Clients are responsible for:
- Providing accurate and up-to-date contact information
- Monitoring agreed communication channels
- Responding to reasonable requests for information, feedback, or approvals needed to complete the project
24. SUSPENSION AND TERMINATION
Either party may terminate a service relationship as set out in the applicable agreement, including for material breach or as otherwise permitted by that agreement.
Qivixa may suspend or limit services where reasonably necessary due to:
- Non-payment or repeated late payment
- Suspected or actual illegal or abusive activity
- Security concerns or threats to systems or data
- Material breach of these Terms or the applicable agreement
Upon termination:
- Any outstanding fees for work performed, committed costs, or approved expenses may remain payable, as specified in the applicable agreement and subject to applicable law
- Access to certain systems, environments, or deliverables provided by Qivixa may be discontinued, subject to the terms of the agreement
25. FORCE MAJEURE
Qivixa will not be liable for delays or failures in performance to the extent caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, civil unrest, major infrastructure outages, widespread internet failures, labor disputes, or failures of third-party platforms or service providers.
Force majeure does not excuse performance where the issue is due to ordinary negligence or poor planning. Qivixa will use reasonable efforts to mitigate the impact of a force-majeure event and to resume performance as soon as reasonably practicable.
26. MODIFICATIONS TO SERVICES
Qivixa may update, improve, or modify its services, tools, technologies, and methodologies from time to time.
For active client engagements, any material change that affects agreed deliverables, timelines, or fees should be handled in accordance with the applicable agreement (for example, through a change order or updated SOW).
27. CHANGES TO THESE TERMS
Qivixa may update these Terms periodically. When we do, we will update the “Last Updated” date at the top of this page.
Where required by law, we may also provide additional notice of material changes. Continued use of the Website or services after changes take effect may constitute acceptance of the updated Terms, where legally applicable.
For existing clients, if there is a conflict between updated Terms and a signed agreement governing a specific engagement, the signed agreement will generally control for that engagement, to the extent permitted by law.
28. GOVERNING LAW AND DISPUTES
Because Qivixa operates from Ghana, the governing law and dispute-resolution approach for these Terms and any related services should be determined with reference to Ghanaian law and the jurisdictions in which Qivixa provides services.
PLACEHOLDER FOR LEGAL REVIEW:
“Governing law and dispute-resolution provisions should be finalized based on Qivixa’s legal structure, applicable Ghanaian law, and the jurisdictions in which Qivixa provides services. A qualified legal professional should insert the appropriate governing-law and dispute-resolution terms here.”
29. SEVERABILITY
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.
30. ENTIRE AGREEMENT
These Terms, together with any applicable proposal, quotation, SOW, service agreement, and referenced policies (such as the Privacy Policy), form the overall agreement governing the relevant relationship between you and Qivixa, except where a separate signed agreement expressly states otherwise.
31. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms or any related agreement without Qivixa’s prior written consent, except as permitted in a specific agreement.
Qivixa may assign or transfer its rights or obligations in connection with a merger, acquisition, corporate reorganization, or sale of assets, or to an affiliate, subject to applicable law and any restrictions in the relevant agreement.
32. NO WAIVER
If Qivixa does not enforce a particular provision of these Terms at a given time, this does not mean that Qivixa waives the right to enforce that provision later. Any waiver of rights must be in writing and will apply only to the specific situation described.
33. CONTACT
If you have questions about these Terms or how they apply to your engagement with Qivixa, you can contact us at:
Qivixa
Email: qivixa@qivixa.com
Phone: +233 542 840 722
Website: https://www.qivixa.com
Location: Ghana
Have questions about these Terms?
Contact Qivixa.