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Terms of Service

1. Introduction

These Terms & Conditions (“Terms”) govern your access to and use of the QALIPSIS Cloud service (the “Service”), provided by QALIPSIS GmbH, Muth 14, 4822 Bad Goisern, Austria (“QALIPSIS”, “we”, “our”, “us”). By subscribing to or using the Service, you (“Customer”, “you”, “your”) agree to these Terms.

2. Merchant of Record

All payments for the Service are processed on our behalf by Paddle.com, who acts as the *Merchant of Record*. Paddle handles billing, invoicing, payment collection, tax compliance, and customer payment-related support, including refunds within the limits described in Section 6. Customers will see Paddle listed as the seller on payment records.

3. Subscriptions, Pricing, and Payment

– The Service is provided on a subscription basis (monthly, annual, or as otherwise specified at purchase).

– Prices and available plans are published on our website and may be updated from time to time; subscription renewals will automatically apply the latest prices and conditions of the subscribed plan unless you explicitly request an upgrade, downgrade, or change of your current plan.

– Taxes (e.g., VAT, sales tax) are applied by Paddle according to your billing location. – Subscription renewals are automatic unless you cancel before the renewal date.

4. Use of Service

– The Service is licensed, not sold. You are granted a non-exclusive, non-transferable, revocable license to use the Service during your subscription term. – You must not misuse the Service, attempt to reverse-engineer it, or use it for unlawful purposes.

– You may only use QALIPSIS to test systems, applications, or networks for which you have explicit authorization from the owner or controlling party. Unauthorized testing of systems that you do not own or have permission to test may constitute a violation of law, and you are solely responsible for ensuring such authorization.

– QALIPSIS may suspend or terminate access for violations of these Terms.

5. Cancellation

– You may cancel your subscription at any time via your Paddle account or by contacting our support.

– Cancellation stops future billing. You will retain access to the Service until the end of the current billing cycle.

– No prorated refunds are provided for unused subscription periods, except as described in Section 6.

6. Refund Policy

– Because QALIPSIS Cloud is an online service that provides immediate access after purchase, we generally do not offer refunds for change of mind, unused time, or dissatisfaction after usage.

– Refund requests may be considered on a case-by-case basis, at our sole discretion, and only when Paddle’s refund rules allow. Refund requests should be submitted by contacting our customer service via email at support@qalipsis.com or using the contact form on our website, specifying the customer ID received in the subscription confirmation or accessible in the QALIPSIS Cloud application. – Refunds can only be processed within 60 days of the original transaction.

– Refunds are always processed via Paddle, and Paddle may decline a refund outside of this limit.

– If a refund is granted, access to the Service will be terminated immediately.

– For subscription renewals, no refunds are provided once the renewal charge has been processed, unless a refund is required by applicable consumer law. – Nothing in this section limits your statutory rights under EU or other applicable consumer protection laws (e.g., right to cancel within 14 days for certain purchases).

7. Intellectual Property

– All intellectual property rights in the Service, including software, source code, trademarks, logos, website content, and documentation, remain the property of QALIPSIS GmbH.

– You may not copy, reproduce, distribute, modify, publish, or create derivative works of the Service, website content, or documentation without prior written consent from QALIPSIS. – Unauthorized use of our content or software constitutes a violation of these Terms and may subject you to liability.

8. Liability and Disclaimers

– The Service is provided “as is” without warranties of any kind, except as required by law.

– To the maximum extent permitted by law, QALIPSIS shall not be liable for any indirect, incidental, or consequential damages.

– Our total liability for any claim related to the Service will not exceed the amount paid by you for the Service during the last 12 months.

9. Privacy

– We process personal data in accordance with our Privacy Policy, available on our website.

– Paddle, as Merchant of Record, also processes payment-related personal data in line with its Privacy Policy.

10. Changes to Terms

We may update these Terms from time to time. Changes will be effective upon posting on our website. Continued use of the Service after changes constitutes acceptance.

11. Governing Law

These Terms are governed by Austrian law, excluding conflict-of-law rules. For consumers in the EU, mandatory consumer protection rights under your local laws remain unaffected.