Terms of use governing access to qsphereconsulting.com.

1Acceptance of Terms

These Website Terms & Conditions (“Terms”) govern your access to and use of qsphereconsulting.com and any other public web property operated by Qualisphere Consulting LLC (“Qualisphere,” “we,” “us,” or “our”) that links to these Terms (collectively, the “Site”). By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not access or use the Site.

If you access the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” includes that organization.

2Definitions

3Eligibility

You must be at least 16 years of age, and of legal capacity to enter a binding contract, to use the Site. The Site is directed to business and professional audiences and is not intended for children.

4No Professional-Client Relationship

Access to, use of, or communication through the Site does not create an advisor-client, consultant-client, attorney-client, fiduciary, agency, employment, or other professional relationship between you and Qualisphere. Information on the Site is provided for general informational purposes only and is not legal, regulatory, tax, financial, investment, medical, or other professional advice. You should not act, or refrain from acting, on the basis of Site Content without obtaining advice from a qualified professional engaged for that purpose.

A professional engagement with Qualisphere is established only by a fully executed written agreement signed by an authorized signatory of Qualisphere. Submitting a contact form, scheduling an introductory meeting, exchanging emails, or receiving a proposal does not constitute an engagement and does not give rise to any duty owed by Qualisphere to you.

Qualisphere does not provide legal advice and is not a law firm. Communications with Qualisphere are not protected by the attorney-client privilege or the work-product doctrine. Where legal advice is needed, retain qualified counsel directly.

5Informational Content; No Warranty as to Accuracy

Qualisphere publishes articles, frameworks, methodologies, and other Content reflecting Qualisphere’s views as of the date of publication. Laws, regulations, standards, and operational practices change. Qualisphere does not warrant that Content is current, accurate, complete, suitable for your circumstances, or applicable in your jurisdiction. Reliance on Content is at your sole risk.

6Permitted Use; License

Subject to your compliance with these Terms, Qualisphere grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site and its Content for your internal informational use. All other rights are reserved.

7Prohibited Conduct

You agree not to:

• Use the Site in violation of applicable law or regulation.
• Reproduce, redistribute, publish, sell, license, or commercially exploit Content without prior written consent of Qualisphere.
• Reverse-engineer, decompile, or attempt to extract source code from the Site or any related software.
• Scrape, harvest, or systematically extract data from the Site without prior written consent.
• Use the Site to train, fine-tune, or evaluate any artificial-intelligence model without prior written consent of Qualisphere.
• Introduce malware, scripts, or code intended to disrupt, damage, or gain unauthorized access to the Site, its users, or related systems.
• Probe, scan, or test the vulnerability of the Site, or breach security or authentication measures, except under a written authorization.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the Site to send unsolicited commercial communications or to violate the privacy or intellectual-property rights of others.

8Intellectual Property

The Site and all Content are the property of Qualisphere or its licensors and are protected by United States and international copyright, trademark, trade-secret, and other intellectual-property laws. “Qualisphere,” the Qualisphere logo, and related marks and brand elements are trademarks of Qualisphere Consulting LLC. No license to use any Qualisphere trademark is granted by these Terms.

If you believe Content on the Site infringes your intellectual-property rights, send a notice describing the claim, the allegedly infringing material, your contact information, and an attestation of good-faith belief and accuracy under penalty of perjury to legal@qsphereconsulting.com.

9User Submissions

If you submit information, materials, suggestions, ideas, feedback, or other content to Qualisphere through the Site (“Submissions”), you represent that you have the right to do so and that the Submission does not violate any third-party rights. You grant Qualisphere a perpetual, worldwide, royalty-free, non-exclusive license to use Submissions for the purpose of responding to you and for general business operation. Qualisphere will handle personal information in Submissions in accordance with the Privacy Policy.

Do not submit confidential, sensitive, regulated, or privileged information through the Site or through unsigned communications. The Site is not a secure channel for transmitting such information. Confidential information should be exchanged only under a signed non-disclosure or master services agreement.

10Artificial Intelligence and Automated Processing

Qualisphere uses artificial-intelligence tooling internally to support drafting, scheduling, and analysis. The following terms apply:

• Human-on-the-loop. A Qualisphere employee or authorized contractor reviews AI-assisted outputs before they are sent or acted upon. Site visitors are not subject to solely automated decisions producing legal or similarly significant effects.
• Training exclusion. Information you submit through the Site is not used to train, fine-tune, retrain, or evaluate any AI model, whether Qualisphere’s or a third party’s.
• Transparency. If Qualisphere makes a public-facing AI system available on the Site (for example, a chatbot or AI scheduling assistant), Qualisphere will clearly disclose that you are interacting with an AI system at the point of interaction, in accordance with Article 50 of the EU AI Act and analogous transparency requirements.
• Visitor restrictions. You may not use the Site or its Content as an input to train an AI model without prior written consent of Qualisphere, as set out in Section 7.

11Third-Party Services and Links

The Site may link to or embed third-party services, including scheduling tools and analytics. Qualisphere does not endorse and is not responsible for third-party services, their content, or their terms. Your use of third-party services is governed by their own terms and privacy policies.

12Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, QUALISPHERE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Qualisphere does not warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.

13Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL QUALISPHERE OR ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

QUALISPHERE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). This limitation does not apply to liability that cannot be limited under applicable law, including for willful misconduct, fraud, or gross negligence.

14Indemnification

You agree to indemnify, defend, and hold harmless Qualisphere and its members, managers, employees, contractors, affiliates, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any Submission you provide. Qualisphere reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; you agree to cooperate with Qualisphere’s defense.

15Suspension and Termination

Qualisphere may suspend or terminate your access to the Site, in whole or in part, at any time and for any reason, with or without notice, including for any violation of these Terms. Sections that by their nature should survive termination will survive, including Sections 4, 7 through 14, 16, 17, 18, and 19.

16Governing Law

These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Colorado, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17Binding Arbitration; Class Action Waiver

17.1Agreement to Arbitrate

You and Qualisphere agree that any dispute, claim, or controversy arising out of or relating to the Site, these Terms, or the relationship between you and Qualisphere (a “Dispute”) shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules, except as otherwise provided in this Section 17.

17.2Scope

Disputes include claims arising before the effective date of these Terms, claims related to advertising or marketing of the Site, and claims for breach of contract, tort, statute, fraud, misrepresentation, or any other legal theory. The arbitrator has exclusive authority to resolve threshold issues regarding the existence, scope, applicability, interpretation, formation, and enforceability of this Section 17.

17.3Exceptions

This arbitration agreement does not require arbitration of (a) claims that may be brought in small-claims court if they qualify and remain in that forum on an individual basis, or (b) claims for injunctive or equitable relief to protect intellectual-property rights or to address unauthorized access to the Site.

17.4Procedure

Arbitration will be conducted by a single arbitrator. The seat of arbitration is Denver County, Colorado. The arbitration may be conducted by telephone, video, or written submissions, or in person, as the arbitrator orders. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

17.5Fees

AAA filing, administrative, and arbitrator fees shall be allocated under the applicable AAA rules. Where you are an individual consumer, Qualisphere will pay arbitration fees in excess of the amount you would have paid as a court filing fee, to the extent required by the AAA Consumer Arbitration Rules.

17.6Class Action Waiver

YOU AND QUALISPHERE EACH AGREE THAT DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

If this class-action waiver is held unenforceable as to a Dispute, that Dispute shall proceed in court, and the remainder of this Section 17 shall continue to apply to all other Disputes.

17.730-Day Opt-Out

You may opt out of this arbitration agreement by sending written notice within thirty (30) days of first accepting these Terms to legal@qsphereconsulting.com with the subject line “Arbitration Opt-Out.” The notice must include your full name, the email address you used to interact with the Site, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

17.8Forum for Non-Arbitrable Disputes

For Disputes not subject to arbitration, the state and federal courts located in Denver County, Colorado, shall have exclusive jurisdiction and venue, and the parties consent to personal jurisdiction in those courts.

18Export, Sanctions, and U.S. Government Users

You agree to comply with all applicable export-control and economic-sanctions laws. You represent that you are not located in, and are not a national or resident of, any country or on any U.S. government list of restricted or denied parties to which provision of the Site would be prohibited. If you access the Site as a U.S. federal-government end user, the Site and Content are provided as “commercial items” under FAR 2.101.

19Miscellaneous

19.1Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Qualisphere concerning the Site, and supersede prior or contemporaneous communications on that subject. These Terms do not supersede a signed Master Services Agreement, Statement of Work, or other engagement contract between Qualisphere and a client.

19.2Changes

Qualisphere may revise these Terms at any time by posting an updated version. The version and effective date at the top of this document indicate when it was last updated. Material changes will be highlighted on the Site for a reasonable period. Your continued use after the effective date of a revision constitutes acceptance of the revised Terms.

19.3Severability

If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be made enforceable, severed; the remaining provisions remain in full force and effect.

19.4No Waiver

No failure or delay in exercising any right under these Terms operates as a waiver. A waiver is effective only if in writing and signed by the waiving party.

19.5Assignment

You may not assign these Terms, by operation of law or otherwise, without Qualisphere’s prior written consent. Qualisphere may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

19.6Force Majeure

Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, labor disputes, or failure of utilities or third-party services.

19.7Headings; Interpretation

Headings are for convenience only and do not affect interpretation. “Including” and “includes” mean “including without limitation.”

19.8Notices

Notices to Qualisphere shall be sent to legal@qsphereconsulting.com. A physical address for legal notices is available on written request to that same address.

19.9Relationship

Nothing in these Terms creates any agency, partnership, joint venture, employment, franchise, or fiduciary relationship between you and Qualisphere.

19.10Third-Party Beneficiaries

These Terms are for the benefit of you and Qualisphere only and do not confer any rights on any third party.

20Contact