Qualflare Terms of Service

The Services are provided by:

In these Terms, “Qualflare,” “we,” “us,” and “our” refer to Qualflare OÜ. “You” refers to the individual or organisation entering into these Terms.

Order of precedence

If there is any conflict between the documents that govern your use of the Services, the following order applies (higher listed prevails):

1. A signed Order Form or master subscription agreement that names these Terms
2. A signed Data Processing Addendum (“DPA”)
3. These Terms
4. Our Privacy Notice, Cookie Policy, and any other published policy
5. Product documentation and help-centre articles

Qualflare is an AI-driven quality assurance test management and observability platform. The Services help software engineering teams define, run, and analyse software tests and observe the results of test launches.

Services, not software

The Services are primarily provided as a hosted online service, and we do not sell you a copy of our hosted software — we grant you the right to access and use the online Services during your subscription term. Two components are distributed to you as installable binaries: the Qualflare CLI (qualflare-cli) and the Qualflare MCP server (astrais-mcp-server). Your use of those binaries is governed by the licence in section 7 (“Licence for installable components”), which is part of these Terms.

Not designed for regulated workloads

The Services are not designed for, and must not be used to process, personal data or business data covered by regulated frameworks such as HIPAA, HITECH, PCI-DSS Level 1, GLBA, FISMA, FedRAMP, CJIS, ITAR, or the EU NIS2 directive's “essential entity” obligations. If your intended use falls within the scope of any of those frameworks, you must not use the Services without a separate written agreement with us.

Changes to the Services

We improve, add, and occasionally remove features. Section 16 (Modifications) governs material changes that may negatively affect your use.

Who can use the Services

The Services are directed at software development and quality assurance professionals. To create an account, you must be at least 13 years old. If you are between 13 and the age of majority in your jurisdiction, a parent or legal guardian must accept these Terms on your behalf and supervise your use of the Services.

If you are creating an account on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

Registration and authentication

You must provide accurate and current registration information (your name, email address, and a password). You are responsible for keeping your password confidential and for every action taken through your account. Notify us promptly at [email protected] if you believe your account has been compromised.

We authenticate you through email and password. We do not currently support social login; anyone offering to let you sign in to Qualflare through a third-party social account is not using our service.

Administrators

If your account belongs to a workspace managed by an administrator (for example, your employer), the administrator may manage the workspace, including adding and removing members, setting roles, configuring retention, and exporting or deleting data. If you are an administrator, you are responsible for the acts and omissions of the members you invite.

Accuracy and updates

You agree to keep your account information accurate and to update it when it changes. We may suspend or terminate accounts that contain materially false, incomplete, or out-of-date information.

Plans and fees

Our subscription plans and prices are listed at https://qualflare.com/pricing/. Fees for paid plans are charged in advance on a monthly or annual cadence, as you select at checkout.

Payment processor

Payments are processed on our behalf by Stripe, Inc. (“Stripe”). When you subscribe, you provide your payment details directly to Stripe; we do not receive or store your full card number or security code. Your use of Stripe is subject to Stripe's own terms. We receive from Stripe the billing metadata described in our Privacy Notice.

Taxes (VAT)

All prices on our pricing page are stated in Euros. For customers in the European Union:

• Business (B2B) customers in an EU member state other than Estonia are billed excluding VAT; the reverse-charge mechanism under EU Directive 2006/112/EC Art 196 applies, provided you give us a valid VAT identification number that we can verify through VIES. If your VAT ID is invalid or missing, we will charge Estonian VAT.
• Consumer (B2C) customers in an EU member state are billed inclusive of VAT at the rate of your member state, via the EU One-Stop-Shop (OSS) scheme.
• Estonian customers are billed inclusive of Estonian VAT at the statutory rate.

For customers outside the EU, applicable sales, use, or equivalent taxes are your responsibility. We may add such taxes to your invoice where we are required by law to collect them.

Checkout

When you complete a paid subscription at checkout, you submit your payment obligation by clicking the order-confirmation button. Article 8(2) of EU Directive 2011/83 (the Consumer Rights Directive) requires that button to clearly indicate that placing the order triggers a payment obligation.

Auto-renewal

Unless you cancel before the end of the current billing period, your subscription renews automatically for another period of the same length, and we will charge the payment method on file. You can cancel at any time from your account settings or by emailing [email protected]. Cancellation takes effect at the end of the current billing period — you will not receive a refund for the unused portion of the current period unless required by law (see section 15).

Reminder before annual renewal. For annual subscriptions billed to residents of California, we send an advance renewal reminder between 15 and 45 days before each renewal, as required by California Business and Professions Code §17602. The reminder is sent to the email address associated with your account and restates the renewal date, the amount we will charge, and how to cancel.

Failed payments

If a charge fails, we will retry and notify you. If payment remains overdue for more than 14 days, we may suspend your account after giving you written notice and a reasonable opportunity to cure (see section 12). Suspension for non-payment does not end your contract; your data is retained during the suspension and for the export window described in section 12.

Price changes

We may change our prices for future billing periods. For paid subscriptions, we will give you at least 30 days' advance notice of a price change by email. If you do not agree to the new price, you may cancel before it takes effect; your cancellation will take effect at the end of your current billing period.

Refunds

Except as required by applicable consumer protection law (see section 15), fees already paid are non-refundable.

We offer a 14-day free trial of our paid plans to new users. During the trial you have full access to the plan's features without charge. At the end of the trial, unless you cancel, your account is automatically converted to a paid subscription and we charge the payment method on file.

You can cancel the trial at any time from your account settings. Cancellation before the end of the trial stops the conversion and prevents any charge.

Consumer withdrawal right during the trial. If you are a consumer in the EU/EEA/UK/Switzerland, the 14-day free trial runs concurrently with your 14-day statutory right of withdrawal under Article 9 of the Consumer Rights Directive. Because no fee is charged during the trial, exercising the withdrawal right during the trial is simply a matter of cancelling before the trial ends. See section 15 for more.

Permitted use

You may use the Services for any lawful purpose connected to developing, testing, shipping, and operating your own software products and services — including commercial purposes and revenue-generating activity. Using the Services to build and ship your own paid products is expressly permitted; that is what the Services are for.

Programmatic access

We provide documented interfaces for programmatic use:

• The Qualflare public API
• The Qualflare CLI (qualflare-cli) for uploading test results from CI/CD pipelines
• The Qualflare MCP server for AI-assistant integration

Programmatic access through these interfaces is permitted and encouraged, subject to the rate limits and fair-use rules published in our documentation. We may throttle, temporarily block, or require a higher-tier plan for requests that materially exceed the published limits or impose a disproportionate load on the Services.

Prohibited use

You agree that you will not:

• Break the law. Use the Services for any illegal purpose, or in any way that infringes a third party's rights.
• Attack the Services. Probe, scan, or test the vulnerability of the Services without our written permission; circumvent any security feature; upload malware; interfere with or disrupt the Services or the networks that host them.
• Abuse other users. Harass, threaten, impersonate, or harm other users of the Services or Qualflare personnel.
• Scrape outside the API contract. Extract data from the Services by means other than the documented API, CLI, MCP server, or in-product export features. Scraping the web UI by unauthorised means is not permitted.
• Resell without permission. Resell, sublicense, or provide the Services to third parties as a standalone offering without a written reseller agreement with us.
• Reverse engineer. Decompile, disassemble, or reverse-engineer the Services, except to the extent such activity is expressly permitted by applicable law notwithstanding this restriction (for example, for interoperability purposes under Directive 2009/24/EC Art 6).
• Train competing models. Use Customer Data, AI outputs you receive from the Services, or any benchmark data derived from the Services to train, fine-tune, or evaluate a model that competes with the Services.
• Process prohibited workloads. Use the Services to process the regulated categories listed in section 2 (“Not designed for regulated workloads”) or personal data for any practice prohibited by Article 5 of the EU AI Act.
• Use the Services for safety-critical applications. The Services are not designed, certified, or intended for use in the operation of medical devices, nuclear facilities, mass-transit control, life-support systems, or any environment where failure of the Services could lead to death, personal injury, or severe environmental or property damage.

Our monitoring

We may monitor the Services to enforce these Terms, to protect the security and operation of the Services, and to comply with applicable law. We do not routinely inspect the contents of Customer Data, and we will not do so except as described in our Privacy Notice or as required to respond to a security incident, a legal demand, or an abuse report.

You own your data

As between you and Qualflare, you own all right, title, and interest in and to the Customer Data you upload, create, or generate through the Services — including test cases, test results, logs, screenshots, attachments, defect descriptions, configurations, workspace metadata, and AI outputs generated from your inputs.

“Customer Data” means any data that you or your users submit to, or that is generated for you by, the Services, other than data that identifies Qualflare or is generated by the Services in the ordinary course of their operation (for example, system logs and audit logs).

The licence you grant us

You grant Qualflare a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and adapt Customer Data solely for the purpose of providing, securing, operating, supporting, and improving the Services for you, and as otherwise permitted by our Privacy Notice and DPA. This licence ends when we delete your Customer Data in accordance with our retention commitments.

We own the Services

Qualflare owns all right, title, and interest in and to the Services — including the software that runs them, the user interface, documentation, graphics, and the Qualflare name, logo, and other marks. Nothing in these Terms transfers ownership of any of that to you. We grant you only the right to use the Services during your subscription term, as described in these Terms.

Feedback

If you send us feedback, ideas, suggestions, or improvement requests about the Services (“Feedback”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use the Feedback to improve the Services. We do not claim ownership of your Feedback and we do not require you to send us any. You represent that any Feedback you send us is either your own or that you are authorised to share it.

No user-generated public content

The Services do not include public forums, blogs, comment sections, or other surfaces where one user's content is shown to other users or to the public. If you believe you have uploaded something through the Services that is visible beyond your own workspace, please notify us at [email protected].

Licence for installable components (CLI and MCP server)

Two components of the Services are distributed to you as installable binaries rather than accessed exclusively as hosted services: the Qualflare CLI (qualflare-cli) and the Qualflare MCP server (astrais-mcp-server). Together we refer to them as the “Installable Components.” This sub-section is the licence that governs your use of them.

Grant. Subject to your compliance with these Terms and to your active Qualflare subscription, Qualflare grants you a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, execute, and use each Installable Component for your internal business purposes during the term of your subscription. You may make a reasonable number of back-up copies.

EU Software Directive 2009/24/EC carve-outs. Notwithstanding any other provision of these Terms, if you are subject to the laws of a European Economic Area member state, the following rights under Directive 2009/24/EC on the legal protection of computer programs are preserved and cannot be contracted away (Article 8 of that Directive):

• Your right under Article 5(2) to make a back-up copy of an Installable Component insofar as it is necessary for your use.
• Your right under Article 5(3) to observe, study, and test the functioning of an Installable Component in the course of its normal operation.
• Your right under Article 6 to decompile an Installable Component where decompilation is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Installable Component, subject to the limits in that Article.

Any clause in these Terms that appears to restrict these rights is, to that extent, void.

Restrictions. Except as permitted by the Grant or by applicable law (including the Software Directive rights above), you must not:

• sell, rent, lend, lease, redistribute, sublicense, or make an Installable Component available to a third party as a standalone offering;
• remove, obscure, or alter any copyright, trademark, or other proprietary notice embedded in or shipped with an Installable Component;
• use an Installable Component to build, train, or benchmark a service that competes with Qualflare;
• deploy an Installable Component in a safety-critical environment (including medical, nuclear, mass-transit, and life-support systems);
• use an Installable Component in violation of sanctions, export-control, or anti-corruption law — see section 18.

Open-source components. Each Installable Component includes open-source software licensed under various licences (MIT, BSD, Apache 2.0, and others). The notices and licence texts for those components are contained in the THIRD_PARTY_LICENSES.txt file that ships with each release of the Installable Component. You agree to comply with each of those licences with respect to the relevant components. Where an upstream open-source licence is incompatible with your intended use, your remedy is to stop using the Installable Component; we cannot relicense third-party code.

Data collection. Installable Components transmit authentication tokens, test data, and telemetry to the Qualflare hosted Services. How we collect, use, and protect that data is governed by our Privacy Notice.

Termination. The licence in this sub-section terminates automatically when your Qualflare subscription ends. It also terminates if you breach a material term of this sub-section and fail to cure the breach within the cure period in section 12. On termination you must stop using the Installable Components. Your obligations under the Restrictions paragraph, the open-source compliance paragraph, and any other clause that by its nature should survive — including those referenced in the inheritance paragraph below — survive termination.

Inheritance from the rest of these Terms. The licence in this sub-section does not stand alone. The following other sections apply in full to your use of every Installable Component:

• Section 6 (Acceptable Use) — the prohibited-use list applies identically.
• Section 8 (AI Features) — the AI disclosure, opt-out, and no-training commitment apply to any AI feature exposed through an Installable Component.
• Section 13 (Warranties, Disclaimers, and Limitation of Liability) — applies in full; the liability cap and the carve-outs for death, personal injury, intent, and gross negligence work the same way.
• Section 14 (Indemnification) — applies in full.
• Section 15 (Consumer Provisions) — if you are a consumer resident in the EU, EEA, United Kingdom, or Switzerland, your statutory rights under EU consumer law apply to Installable Components exactly as they apply to the hosted Services, including the conformity warranty, the remedies hierarchy, and the right to a data export on termination.
• Section 16 (Modifications) — the 30-day advance-notice rule applies if we materially change an Installable Component in a way that negatively affects your use.
• Section 17 (Governing Law and Dispute Resolution) — Estonian law; Harju County Court; consumer mandatory-law protections preserved.
• Section 18 (Sanctions, Export Control, and Anti-Corruption) — applies in full.

Acceptance. You accept this sub-section when you create a Qualflare account — the signup flow binds you to these Terms in full, including this licence. When you run qualflare-cli login for the first time, the CLI prints a notice pointing you to these Terms and to our Privacy Notice; by completing authentication you reaffirm your acceptance.

Short-form LICENCE in the binary repositories. Each Installable Component also ships with a short-form LICENCE file inside its source repository. That file summarises this sub-section for people who encounter the binary without first reading these Terms. In the event of any conflict between the short-form LICENCE and this sub-section, this sub-section prevails, except that the Software Directive carve-outs above are inviolable under EU law regardless.

You are interacting with an AI system

The Services include AI-assisted features — for example, AI-suggested test cases, defect clustering, and natural-language analysis of test results (“AI Features”). When you use AI Features, you are interacting with an artificial intelligence system within the meaning of Article 50 of the EU AI Act (Regulation (EU) 2024/1689). AI-generated content is labelled as such in the user interface.

Which model, and where it runs

We currently use Google's Gemini API as our underlying language model. Requests are routed through Cloudflare AI Gateway before they reach Google. More detail about where the data goes and how it is protected is in our Privacy Notice §6.

AI output is a draft, not a decision

AI output may be inaccurate, incomplete, outdated, offensive, or inappropriate for your situation. You are solely responsible for evaluating AI output before acting on it, and for any consequences of acting on it. Do not treat AI output as legal, medical, financial, safety, or professional advice.

AI Sub-processors do not train on your data

We contractually require our AI sub-processors not to use your Customer Data — including your prompts, AI outputs, test artifacts, or workspace content — to train, fine-tune, or evaluate their foundation models. Google Gemini's enterprise terms exclude API inputs and outputs from being used to improve Google's models.

We do use anonymised records to improve our own features. We keep a record of AI requests and their results — the prompt, the output, and the failure messages and test names involved — with credentials, API keys and email addresses removed, and no workspace or project identifier stored. See Privacy Notice §6 for the full description, including how to opt out.

Opt out

You may disable AI Features at any time from your workspace settings. Disabling AI Features does not affect your ability to use the rest of the Services.

Risk classification

The AI Features are not, in our assessment, “high-risk AI systems” under Annex III of the EU AI Act. They do not make eligibility, employment, credit, biometric, or law-enforcement decisions; they assist QA engineers with test management and analysis.

Prohibited uses

You must not use AI Features, or AI outputs generated through the Services, to perform any practice prohibited by Article 5 of the EU AI Act — including social scoring, manipulation, exploitation of vulnerable persons, untargeted facial image scraping, or emotion recognition in workplace or educational settings — or to perform any practice that would require compliance with the high-risk obligations in Chapter III of the EU AI Act without your own compliance programme in place.

Our Privacy Notice describes how we collect, use, and protect personal data. It is incorporated into these Terms by reference.

Data Processing Addendum

Where Qualflare processes personal data on your behalf in providing the Services, Qualflare acts as a “processor” and you act as a “controller” within the meaning of Article 4 GDPR. A Data Processing Addendum (“DPA”) that reflects the Article 28 GDPR requirements (including sub-processor terms and, where personal data is transferred outside the EEA, the European Commission's 2021 Standard Contractual Clauses) is published at https://qualflare.com/dpa/.

By using the Services, you are deemed to accept the DPA to the extent Qualflare processes personal data on your behalf. For a signed, counter-executed DPA, contact [email protected].

Sub-processors

The current list of Qualflare sub-processors is in Privacy Notice §8. We notify customers of material changes to the sub-processor list through the change record in DPA §8.7 at least 30 days before a new sub-processor begins processing personal data, so that you have an opportunity to object.

Security

We describe the technical and organisational security measures we apply to Customer Data in Privacy Notice §11. Those measures are incorporated into these Terms by reference.

Data export on termination

On termination, you may request an export of your Customer Data in a commonly used machine-readable format, at no charge, by emailing [email protected]. We will deliver the export within 30 days of receiving a verified request. After the export window, we will delete your Customer Data from our active systems in accordance with the retention schedule in Privacy Notice §10.

We operate the Services with reasonable skill and care and we monitor availability continuously.

No contractual service-level commitment. We do not currently offer a contractual uptime guarantee or service credits. We plan to introduce a published SLA in a future revision of these Terms.

Scheduled maintenance

We may perform scheduled maintenance that temporarily interrupts the Services. Where practical, we give advance notice through our status page and in-product notifications.

Unscheduled outages

Unscheduled outages caused by hardware failure, software defects, third-party service outages, denial-of-service attacks, or events of force majeure do not entitle you to a refund or credit, except as required by applicable consumer protection law (see section 15).

From time to time, we offer beta, preview, or experimental features (“Beta Features”) labelled as such in the product. Beta Features are provided “as is” and “as available” for evaluation purposes; they may be unstable, incomplete, or removed at any time without notice. Beta Features are excluded from any availability commitment, service-level metrics, and liability beyond what applicable consumer protection law requires. If a Beta Feature is later released as part of the general Services, these Terms apply to it in full.

Termination by you

You may terminate your subscription at any time from your account settings or by emailing [email protected]. Termination takes effect at the end of your current billing period. For consumer rights during the statutory withdrawal period, see section 15.

Termination by us

We may terminate or suspend your account:

• For non-payment, after we give you notice and a 7-day cure period to update your payment method.
• For material breach of these Terms that is capable of cure, after we give you notice and a 14-day cure period.
• Immediately, if the breach cannot reasonably be cured, or in the case of (i) a verified security incident affecting your account, (ii) a legal demand that requires immediate action, (iii) fraud or chargeback abuse, (iv) risk that continued service would expose Qualflare to liability under sanctions, export control, or anti-money-laundering law, or (v) upload of illegal content.

Whenever we suspend or terminate your account, we will notify you as soon as practicable, unless a legal obligation prevents us from doing so.

Effect of termination

On termination:

1. Your right to access the Services ends.
2. Any fees owed up to the termination date remain payable.
3. You may request an export of your Customer Data within 30 days of termination, under the process in section 9.
4. After the 30-day export window, we delete your Customer Data from active systems in accordance with the retention schedule in Privacy Notice §10. Backups and audit logs are retained for the additional periods described there.
5. The clauses that by their nature should survive termination (including intellectual property, confidentiality, liability caps, indemnities, governing law, and dispute resolution) survive termination.

Warranties we give

We warrant that:

1. We have the right and authority to enter into these Terms and to grant the rights we grant under them;
2. We will provide the Services with reasonable skill and care; and
3. We will not knowingly introduce malicious code into the Services.

Warranty disclaimer for business customers

If you are not a consumer, to the fullest extent permitted by law, the Services are provided “as is” and “as available”. We disclaim all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that the Services will meet your requirements, that AI outputs will be accurate, or that defects in the Services will be corrected within any specific time.

Warranty for consumers

If you are a consumer, the warranty disclaimer above does not apply to you. Your statutory rights under the EU Digital Content Directive 2019/770 and the Estonian Law of Obligations Act apply in full. See section 15.

Liability cap for business customers

If you are not a consumer, and to the fullest extent permitted by law, Qualflare's aggregate liability to you for any and all claims arising out of or relating to the Services, these Terms, or your use of the Services — whether in contract, tort (including negligence), statute, or otherwise — is limited to the greater of (a) the fees you paid Qualflare for the Services in the 12-month period preceding the event giving rise to the claim, or (b) €100.

Excluded damages

If you are not a consumer, to the fullest extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, goodwill, or anticipated savings, or for loss or corruption of data, arising out of or relating to the Services or these Terms, even if the party was advised of the possibility of such damages.

Carve-outs from the cap and exclusion

Nothing in these Terms limits or excludes either party's liability for:

1. Death or personal injury caused by negligence;
2. Fraud or fraudulent misrepresentation;
3. Intent or gross negligence (as defined in the Estonian Law of Obligations Act §104);
4. Any liability that cannot be limited or excluded under applicable law — including consumer protection law (see section 15);
5. Your obligation to pay fees that are due;
6. Your breach of the Acceptable Use rules in section 6; or
7. Either party's indemnity obligations in section 14.

Your indemnity to us

You will defend, indemnify, and hold harmless Qualflare, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

1. Your violation of section 6 (Acceptable Use);
2. Your infringement of a third party's intellectual property rights or privacy rights through your use of the Services;
3. Customer Data you upload to the Services that is unlawful to process, store, or transmit;
4. Your use of AI outputs from the Services in violation of section 8.

This indemnity does not apply to consumers except to the extent the consumer has acted with intent or gross negligence.

Our indemnity to you

If a third party claims that your authorised use of the Services, as described in Qualflare's documentation, infringes a patent, copyright, trademark, or trade secret enforceable in the European Union or the United States, Qualflare will defend the claim at its expense and pay settlements or damages that are finally awarded by a court of competent jurisdiction or agreed to by Qualflare — provided that you (i) give us prompt written notice of the claim, (ii) let us control the defence and settlement, and (iii) reasonably cooperate with us. If we cannot defend the claim, or if the Services become the subject of such a claim, we may (at our option) modify the Services to be non-infringing, procure the right for you to continue using them, or terminate your subscription and refund any unused prepaid fees. This is our sole and exclusive liability for intellectual property infringement.

Indemnity procedure

Each party must give the other party prompt notice of any claim for which it seeks indemnification and reasonably cooperate in the defence. Neither party may settle a claim in a way that imposes liability on the other party without the other party's prior written consent.

This section applies if you are a consumer — that is, if you are a natural person entering into these Terms for a purpose outside your trade, business, craft, or profession — and you are resident in the European Union, the European Economic Area, the United Kingdom, or Switzerland.

Where this section and the rest of these Terms conflict, this section prevails.

Your 14-day right of withdrawal

Under Article 9 of the EU Consumer Rights Directive 2011/83 (and the corresponding provisions of Estonian Law of Obligations Act §56), you have 14 days from the date you enter into a subscription to withdraw from it without giving any reason.

To exercise the right, email [email protected] with a clear statement that you are withdrawing. You may use the model withdrawal form at the end of this section, but you are not required to. We will refund all payments received from you within 14 days of receiving your withdrawal notice, using the same payment method you used for the original transaction unless you ask us to use a different one.

How your 14-day free trial satisfies this right. Every paid subscription begins with the 14-day free trial described in section 5. No payment is charged during the trial. That means the trial period runs in parallel with your statutory 14-day right of withdrawal, and you can exercise that right simply by cancelling your account before the trial ends — no email, no form, no refund request is required. If you cancel before the trial ends, you will not be charged.

We do not currently offer an “immediate-start” checkout option that would ask you to waive your withdrawal right under Article 16(m) of the Consumer Rights Directive. If we introduce one in the future, we will update these Terms first and will capture your express consent and acknowledgement of loss of withdrawal right at the point of checkout, and we will confirm both on a durable medium.

Conformity with the contract

Under the EU Digital Content Directive 2019/770, we are responsible for ensuring that the Services conform with the subjective and objective requirements of the contract — meaning the Services must do what we describe, be fit for the purposes you told us about, and include updates necessary to keep them in conformity throughout the period you are entitled to use them.

If the Services fail to conform, you have the right (in the order listed) to:

1. Have the Services brought into conformity, free of charge, within a reasonable time — unless doing so would be impossible or disproportionate;
2. A proportionate reduction in the price you pay, or termination of the contract with a refund for the period in which the Services were non-conforming, if we fail to bring the Services into conformity, if the non-conformity is serious, or in the other cases listed in Article 14(4) of the Digital Content Directive.

Modifications that negatively affect you

If we make a material change to the Services or these Terms that negatively affects your ability to access or use the Services (see section 16), you have the right to terminate the contract free of charge within 30 days of receiving our notice of the change. On termination in this case, we will refund any fees you have paid for the period after the termination date and you may export your Customer Data under section 9.

Data return on termination

On termination for any reason, we will, at your request and at no charge, provide you with a copy of any content you provided to the Services and any content generated for you through the Services, in a commonly used machine-readable format, within 30 days of your request (Digital Content Directive Art 16(4)).

Liability

Nothing in these Terms limits or excludes our liability to you as a consumer for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Intent or gross negligence;
• Any other liability that cannot be limited or excluded under Estonian law, EU consumer protection law, or the law of the member state where you have your habitual residence.

Complaint resolution and Alternative Dispute Resolution

We handle complaints in good faith and will respond to any complaint you send to [email protected] within 15 days as required by Estonian Consumer Protection Act §62(3).

If we cannot resolve a complaint to your satisfaction, you may refer the dispute to the Estonian Consumer Disputes Committee (Tarbijavaidluste komisjon):

You may also contact the consumer protection authority in your own EU member state or the equivalent authority in the United Kingdom or Switzerland.

Qualflare does not commit in advance to submitting disputes with consumers to any specific ADR body, but we will respond in good faith to any ADR request initiated by a consumer and reserve the right to participate on a case-by-case basis.

Note about the EU ODR platform. The European Commission's Online Dispute Resolution platform (ec.europa.eu/consumers/odr) was permanently shut down on 20 July 2025 and is no longer available for new disputes. The Estonian Consumer Disputes Committee (above) is the relevant body for disputes arising from these Terms.

Your right to sue where you live

Under Article 18 of the Brussels I bis Regulation (and the corresponding UK and Swiss rules), as a consumer you may bring proceedings against us in the courts of the EU/EEA/UK/Swiss member state in which you are domiciled. Nothing in section 17 overrides that right.

Model withdrawal form

Modifications to the Services

We may change, add, or remove features of the Services over time. For changes that are material and negatively affect your ability to access or use the Services (for example, removing a feature you rely on, materially reducing functionality, or changing pricing of an existing plan), we will give you at least 30 days' advance notice by email and through an in-product banner, stating the reason for the change and the date on which it takes effect.

If you are a consumer, the advance notice will also explain your right to terminate the contract free of charge within 30 days of the notice under section 15.

Non-material changes (bug fixes, security updates, routine improvements, new features that do not change existing behaviour) do not require advance notice.

Modifications to these Terms

We may update these Terms from time to time. For material updates, we will give you at least 30 days' advance notice by email and through an in-product banner, and we will state the reason for the update.

Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and may terminate your subscription; consumers have the additional right to terminate free of charge under section 15.

Non-material updates (typographical corrections, formatting, references to renamed documents) take effect when we publish them and do not require advance notice.

Governing law

These Terms are governed by the laws of the Republic of Estonia, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Nothing in this clause deprives a consumer of the protection of mandatory rules of the law of the EU/EEA/UK/Swiss member state in which the consumer is habitually resident (Article 6(2) of the Rome I Regulation (EC) 593/2008).

Jurisdiction

Subject to the consumer rights in section 15, any dispute arising out of or in connection with these Terms is subject to the non-exclusive jurisdiction of the Harju County Court (Harju Maakohus) in Tallinn, Estonia.

For consumers, nothing in these Terms prevents you from bringing proceedings in the courts of the EU/EEA/UK/Swiss member state in which you are domiciled, as described in section 15.

Informal resolution first

Before filing a lawsuit, the parties will try in good faith to resolve any dispute informally. You can start this process by emailing [email protected] with a description of the dispute and the outcome you are seeking. We will respond within 15 days.

Sanctions compliance

Each party represents that it is not, and is not controlled by or acting on behalf of any person who is, (i) listed on the EU consolidated financial sanctions list, the UK sanctions list, the US OFAC Specially Designated Nationals and Blocked Persons List, or any equivalent list, or (ii) resident in, located in, or organised under the laws of a country or territory that is subject to comprehensive EU, UK, or US sanctions. You agree not to use the Services in violation of EU, UK, or US sanctions laws.

Export control

The Services may be subject to EU export control (Regulation (EU) 2021/821 — the Dual-Use Regulation) and, to the extent any component of the Services qualifies, US export control (the Export Administration Regulations). You agree to comply with all applicable export control laws and not to export, re-export, or transfer the Services to any prohibited destination or end-user.

Anti-corruption

Each party represents that in connection with these Terms and the Services, it has not made, offered, given, or promised, and will not make, offer, give, or promise, any payment or thing of value that would violate the EU Anti-Corruption acquis, the US Foreign Corrupt Practices Act (FCPA), the UK Bribery Act 2010, or Estonian Penal Code §§294–300.

Force majeure

Neither party is liable for any failure or delay in performance under these Terms (other than the obligation to pay fees) to the extent the failure or delay is caused by an event beyond the party's reasonable control — including acts of God, war, terrorism, civil unrest, labour disputes, pandemics, governmental action, internet or telecommunications outages, or a sustained outage of a third-party service on which the Services depend. The affected party will notify the other party promptly and will resume performance as soon as practicable.

Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all of your assets. We may assign these Terms, in whole or in part, (i) to an affiliate, (ii) in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets, or (iii) with your consent. Any assignment in violation of this clause is void.

Notices

Notices from us to you will be sent to the email address associated with your account, or posted in the product. You are responsible for keeping your contact email current. Notices from you to us must be sent to [email protected], with a copy by post to the registered address in section 1 for any formal legal notice. Notices are deemed received on the next business day after sending.

Electronic communications

You consent to receive electronic communications from us and agree that electronic notices, contracts, orders, invoices, and other records satisfy any legal requirement that communications be in writing. This consent is given under the eIDAS Regulation (EU) 910/2014 and applicable national laws.

Entire agreement

These Terms, together with any Order Form, the DPA (where applicable), the Privacy Notice, the Cookie Policy, and any in-product policies referenced in these Terms, constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous agreements, proposals, or communications, whether oral or written.

No waiver

A party's failure to enforce any right or provision of these Terms does not waive that right or provision. No waiver is effective unless it is in writing and signed by the waiving party.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be replaced by a valid provision that most closely reflects the parties' original intent.

No third-party beneficiaries

These Terms do not create any rights or remedies for any third party other than the parties to these Terms, except that Qualflare's affiliates are entitled to the benefit of the liability cap, indemnity, and confidentiality provisions.

Language

These Terms are written in English. If we publish a translation into another language, the English version prevails in the event of any inconsistency, except where applicable consumer protection law requires a translation to prevail (in which case the consumer-law translation prevails in favour of the consumer).

Survival

Sections 7 (Customer Data and Intellectual Property), 9 (Privacy and Data Protection), 13 (Warranties, Disclaimers, and Limitation of Liability), 14 (Indemnification), 15 (Consumer Provisions), 17 (Governing Law and Dispute Resolution), 18 (Sanctions, Export Control, and Anti-Corruption), and 19 (General Provisions) survive termination of these Terms, along with any other provision that by its nature should survive.

For questions, notices, or complaints about these Terms or the Services:

• Email: [email protected]
• Web form: https://qualflare.com/contact
• Post:
  Qualflare OÜ

  Sepapaja tn 6

  15551 Tallinn

  Estonia