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Terms of Service

Last update: October the 5th, 2026

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, purchasing, or using the Service, you (“Customer”, “you”, “your”) agree to be bound by these Terms.

2. Direct Merchant and Payment Processing

QALIPSIS GmbH is the direct seller and merchant of record for the Service. All payment processing, mandate creation, secure transaction handling, and recurring subscription billing are executed via our third-party payment gateway partner, Mollie. By submitting your payment information, you authorize Mollie to charge the applicable fees to your designated payment method on our behalf.

3. Free Trials, Subscriptions, and Pricing

– Risk-Free Free Trials: We may offer a temporary free trial period to new users. No payment details are required to access this trial. When the trial period expires, your access to the premium features of QALIPSIS will automatically terminate. The trial does not automatically convert into a paid subscription unless you manually choose to upgrade and pay.

– Paid Subscriptions: The Service is available on a paid subscription basis (monthly or annual cycles).

– Pricing and Updates: Prices and available plans are published on our website and may be updated from time to time. Subscription renewals might automatically apply the latest prices and conditions of your subscribed plan unless you cancel, upgrade, or downgrade your plan prior to the renewal date.

– Taxes: Applicable taxes (such as EU Value Added Tax, “VAT”) are calculated and applied directly at checkout based on your self-declared billing location and tax status.

– Automatic Renewal: Paid subscription renewals are fully automated via Mollie and will repeat at the end of each billing cycle for an identical duration unless cancelled before the renewal date.

4. Use of Service

– License Grant: The Service is licensed, not sold. You are granted a non-exclusive, non-transferable, revocable license to use the Service during your active subscription or trial term.

– Restrictions: You must not misuse the Service, attempt to reverse-engineer it, bypass its security controls, or use it for unlawful purposes.

– Authorized Testing Only: You may only use QALIPSIS to test systems, applications, or networks for which you have explicit, written authorization from the owner or controlling party. Unauthorized testing of systems that you do not own or have permission to test may constitute a criminal offense or violation of law. You are solely responsible for verifying and ensuring such authorization exists before launching any tests.

– Suspension: QALIPSIS reserves the right to immediately suspend or terminate your access for violations of these Terms.

5. Cancellation

– Procedure: You may cancel your paid subscription at any time directly through your account dashboard or by contacting our support.

– Effect of Cancellation: Cancellation deactivates the automatic renewal mechanism for the next billing cycle. You will retain full access to the Service until the end of your current, already paid billing cycle.

– No Pro-rated Paybacks: No pro-rated refunds, partial paybacks, or credits are provided for unused subscription periods or early cancellations.

6. Strict No-Refund and No-Payback Policy (EU Right of Withdrawal Waiver)

– Immediate Performance: Because QALIPSIS Cloud is an online software-as-a-service (SaaS) platform that provides immediate digital access upon purchase, you explicitly request and agree to the immediate performance of the contract at checkout.

– EU Right of Withdrawal Waiver: Under the EU Consumer Rights Directive, consumers generally have a 14-day statutory right to withdraw from online contracts. However, by clicking the confirmation button at checkout to purchase a subscription (or manually upgrading from a trial), you explicitly acknowledge and agree that you lose your statutory 14-day right of withdrawal once digital access to the platform is delivered.

– Finality of Payments: Consequently, all processed initial payments and automatic renewal charges via Mollie are completely final, non-refundable, and ineligible for payback.

– Exceptional Circumstances: Refund or payback requests are only considered under exceptional circumstances at our sole discretion, or if the service is proven to be completely defective and unusable under mandatory local consumer protection laws. Any such request must be submitted via email to support@qalipsis.com within 30 days of the transaction, accompanied by your Customer ID and transaction details. If an exceptional refund is granted, access to the Service will be terminated immediately.

7. Intellectual Property

– Ownership: All intellectual property rights in the Service—including but not limited to software, source code, algorithms, trademarks, logos, website content, data visualizations, and documentation—remain the exclusive property of QALIPSIS GmbH.

– Prohibited Acts: You may not copy, reproduce, distribute, modify, publish, republish, or create derivative works of the Service, website content, or documentation without prior, explicit written consent from QALIPSIS GmbH. Unauthorized usage constitutes a material breach of these Terms and subjects you to legal liability.

8. Liability and Disclaimers

– “As-Is” Provision: The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, except as strictly required by mandatory law.

– Limitation of Liability: To the maximum extent permitted by applicable law, QALIPSIS GmbH shall not be liable for any indirect, incidental, special, or consequential damages, including loss of data, system downtime, or business interruption arising from authorized or unauthorized testing.

– Cap on Liability: Our total cumulative liability for any claim related to the Service, whether in contract, tort, or otherwise, will strictly not exceed the total amount actually paid by you to QALIPSIS GmbH for the Service during the 12 months immediately preceding the event giving rise to the claim.

9. Privacy and Data Processing

We process personal data, user accounts, and system testing metrics in accordance with our Privacy Policy available on our website. Financial transaction details, mandates, and payment data are processed securely by Mollie as our payment gateway infrastructure in compliance with GDPR and PCI-DSS standards.

10. Changes to Terms

We reserve the right to update or modify these Terms at any time to reflect operational, technical, or legal adjustments. Changes will become effective immediately upon posting to our website. Your continued use of the Service following the publication of revised Terms constitutes your explicit acceptance of the new conditions.

11. Governing Law and Jurisdiction

These Terms are governed exclusively by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The competent court in Wels, Austria, shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms. For consumers residing within the European Union, mandatory statutory consumer protection rights under your local national laws remain unaffected.