Terms of Service

1. Acceptance of Terms

By accessing or using Qommerce.ai ("Service", "Platform", "we", "us", or "our"), you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

These Terms apply to all users, including:

• Website visitors
• Free trial users
• Paid subscribers
• Business clients
• API users

2. Service Description

Qommerce.ai provides:

• Market intelligence and analytics platform
• Sales and competitive intelligence tools
• AI-powered insights and predictions
• Data visualization and reporting
• API access and integrations
• Consulting and support services

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Registration and Security

3.1 Account Creation

To use certain features, you must:

• Provide accurate and complete information
• Be at least 18 years of age
• Have legal capacity to enter into contracts
• Represent a legitimate business entity

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Using strong passwords and two-factor authentication

3.3 Account Suspension

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent activities
• Fail to pay fees
• Pose a security risk

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Service for:

• Business intelligence and market research
• Internal business operations
• Data analysis and reporting
• Strategic planning and decision-making

4.2 Prohibited Activities

You may NOT:

• Resell or redistribute our Service without authorization
• Reverse engineer, decompile, or disassemble our software
• Use automated tools to scrape or extract data
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our Service
• Use the Service for illegal purposes
• Share your account credentials with third parties
• Circumvent usage limits or restrictions
• Upload malicious code or viruses

5. Intellectual Property Rights

5.1 Our IP

All intellectual property rights in the Service, including but not limited to:

• Software and source code
• Algorithms and methodologies
• Trademarks and logos
• Content and documentation
• Design and user interface

are owned by Qommerce GmbH or our licensors. You receive a limited, non-exclusive, non-transferable license to use the Service.

5.2 Your Data

You retain all rights to data you upload or provide to the Service. By using our Service, you grant us a license to process, analyze, and display your data to provide the Service.

5.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without obligation to you.

6. Payment and Fees

6.1 Subscription Plans

Our Service is offered through various subscription plans with different features and pricing.

6.2 Payment Terms

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• Prices may change with 30 days notice
• You must provide valid payment information
• Failed payments may result in service suspension

6.3 Free Trials

Free trials may be offered at our discretion. You may cancel before the trial ends to avoid charges.

6.4 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes.

7. Data Processing and Privacy

Your use of the Service is subject to our Privacy Policy. For business clients, we enter into Data Processing Agreements (DPA) as required by GDPR.

7.1 Data Processing

We process data as a processor on your behalf in accordance with:

• GDPR and applicable data protection laws
• Your documented instructions
• Our Data Processing Agreement

7.2 Data Security

We implement appropriate technical and organizational measures to ensure data security.

8. Service Level and Support

8.1 Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. Scheduled maintenance will be announced in advance.

8.2 Support

Support is provided based on your subscription plan:

• Email support: Available to all paid users
• Priority support: Available to enterprise clients
• Phone support: Available to enterprise clients
• Dedicated account manager: Available to enterprise clients

9. Warranties and Disclaimers

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or completeness of data

9.2 Data Accuracy

While we strive for accuracy, we do not warrant that:

• Data will be error-free or complete
• Results will meet your expectations
• The Service will be uninterrupted or secure

9.3 Third-Party Content

We are not responsible for third-party content, data sources, or integrations.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR DATA LOSS, BUSINESS INTERRUPTION, OR LOST PROFITS

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Qommerce GmbH, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of third-party rights
• Your use of the Service

12. Term and Termination

12.1 Term

These Terms remain in effect while you use the Service.

12.2 Termination by You

You may terminate your account at any time by contacting us or using account settings.

12.3 Termination by Us

We may terminate or suspend your access immediately for:

• Breach of these Terms
• Fraudulent activity
• Non-payment of fees
• Legal or regulatory requirements

12.4 Effect of Termination

Upon termination:

• Your access to the Service will cease
• We may delete your data after 30 days
• You remain liable for unpaid fees
• Provisions that should survive termination will continue

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts in Hamburg, Germany.

13.3 EU Consumer Rights

If you are an EU consumer, you retain rights under local consumer protection laws, including the right to bring proceedings in your country of residence.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated through:

• Email notification
• In-app notification
• Website notice

Continued use after changes constitutes acceptance of modified Terms.

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and Qommerce GmbH regarding the Service.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

15.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

15.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms at any time.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

16. Contact Information