Terms of Service
These terms govern your access to and use of our services.
QUAFLOW OÜ
Version: 1.1.1 - Last updated: June 3, 2025
Introduction
Welcome to Quaflow. These Terms of Service ("Terms") govern your access to and use of the Quaflow website, together with its content, domains, tools and services (collectively, the "Services") provided by QUAFLOW OÜ ("Quaflow", "we", "us", or "our"), a company registered in Estonia with its registered office at Harju maakond, Tallinn, Kesklinna linnaosa, Veskiposti tn 2-1002, 10138, Estonia.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services. These Terms, together with our Privacy Policy and, where applicable, the Data Processing Agreement ("DPA"), constitute a legally binding agreement between you and Quaflow.
These Terms have been designed to comply with multiple international regulations, including but not limited to the European General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Brazil's General Data Protection Law (LGPD), Australia's Privacy Principles (APP), India's Digital Personal Data Protection Act (DPDP), and Quebec's Law 25.
Definitions
For the purposes of these Terms:
"Account" means a unique account created for you to access our Services or parts of our Services.
"Content" means any information, data, text, software, graphics, messages, tags, or other materials that you may view on, access through, or contribute to the Services.
"Customer" or "User" or "you" means the individual or entity accessing or using the Services.
"Personal Information" or "Personal Data" means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, personal profile, a home or other physical address, an email address, phone number, precise location data, financial information, or other contact information.
"Sensitive Personal Information" means personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, data concerning a person's sex life or sexual orientation, or certain financial information.
"Data Subject" or "Data Principal" means the individual to whom the Personal Information relates.
"Data Controller" or "Data Fiduciary" means QUAFLOW OÜ, which determines the purposes and means of processing Personal Information.
"Processing" means any operation performed on Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
"Subprocessors" means third-party service providers engaged by Quaflow to process Personal Information.
Additional terms are defined in our Privacy Policy and DPA, which are incorporated by reference into these Terms.
Account Registration and Eligibility
1. Account Creation
To access certain features of our Services, you may be required to register for an Account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to maintain its accuracy.
2. Account Security
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
3. Age Restrictions
Our Services are not intended for individuals under the age of 18. By using our Services, you represent and warrant that you are at least 18 years of age. If we learn that we have collected Personal Information from an individual under 18, we will delete that information as quickly as possible.
User Obligations and Restrictions
1. Compliance with Terms
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
- To impersonate or attempt to impersonate Quaflow, a Quaflow employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Quaflow or users of the Services or expose them to liability
2. Prohibited Activities
You further agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent
- Use any device, software, or routine that interferes with the proper working of the Services
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack
- Otherwise attempt to interfere with the proper working of the Services
Service Usage and Limitations
1. Service Availability
We strive to ensure that our Services are available 24/7. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
2. Service Modifications
We reserve the right to modify, update, or discontinue any aspect of our Services at any time without prior notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. Third-Party Services
Our Services may contain links to third-party websites, services, or applications that are not operated by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Intellectual Property and Ownership
1. Quaflow's Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Quaflow, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. Limited License
Subject to your compliance with these Terms, Quaflow grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.
3. Restrictions
You must not:
- Modify copies of any materials from the Services
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services
- Access or use for any commercial purposes any part of the Services or any services or materials available through the Services
4. User Content
You retain all of your ownership rights in your Content. However, by submitting Content to Quaflow, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed.
Payment Terms
1. Fees and Payment
If you subscribe to a paid Service, you agree to pay all fees associated with the Service. We may change our fees at any time in accordance with these Terms. Unless otherwise stated, all fees are quoted in U.S. Dollars.
2. Billing and Renewal
For Services with recurring charges, you authorize us to store your payment method and to automatically charge you at the beginning of each billing period. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
3. Refunds
All purchases are final and non-refundable, except as expressly provided in these Terms or as required by applicable law.
4. Taxes
You are responsible for all taxes (excluding taxes on our net income) associated with your use of the Services, including any sales, use, or value-added taxes.
Termination and Suspension
1. Term
These Terms will remain in full force and effect while you use the Services or maintain an Account.
2. Termination by You
You may terminate your Account at any time by following the instructions on our Services or by contacting us. Upon termination, your right to use the Services will immediately cease.
3. Termination by Us
We may terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
4. Effect of Termination
Upon termination of your Account, we will cease Processing of Personal Information related to such Services as outlined in our DPA. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Limitation of Liability and Warranty Disclaimers
1. Disclaimer of Warranties
The services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Quaflow expressly disclaims all warranties, whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Quaflow, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
3. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you.
Privacy and Data Protection
1. Privacy Policy
Our Privacy Policy, available at [Privacy Policy URL], describes how we collect, use, and share information about you when you use our Services. By using our Services, you consent to our collection, use, and sharing of information as described in our Privacy Policy.
2. Data Processing Agreement
If you are a business customer and provide us with Personal Information of Data Subjects, our Data Processing Agreement ("DPA") will apply to our processing of such Personal Information. The DPA forms part of these Terms and outlines our respective obligations regarding the processing of Personal Information.
3. International Data Transfers
We may transfer, store, and process your Personal Information in countries other than your own. When we transfer Personal Information internationally, we implement appropriate safeguards as described in our Privacy Policy and DPA.
4. Your Rights
Depending on your location, you may have certain rights regarding your Personal Information, as outlined in our Privacy Policy. To exercise these rights, please contact us using the contact information provided at the end of these Terms.
Dispute Resolution and Governing Law
1. Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Estonia, without giving effect to any choice or conflict of law provision or rule.
2. Dispute Resolution
Any legal action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the courts of Estonia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
3. Waiver of Class Actions
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in class action lawsuits or class-wide arbitrations.
4. Limitation Period
Any cause of action or claim you may have arising out of or relating to these terms or the services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Miscellaneous Provisions
1. Entire Agreement
These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between you and Quaflow regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and Quaflow.
2. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
3. Waiver
No waiver by Quaflow of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Quaflow to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
4. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Quaflow's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Quaflow may freely assign or transfer these Terms without restriction.
5. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
6. Notices
All notices given by you to us must be given to QUAFLOW OÜ at the email address or postal address provided at the end of these Terms. We may give notice to you at the email address you provide to us when you register, or in any of the ways specified in these Terms. Notice will be deemed received and properly served immediately when posted on our Services, 24 hours after an email is sent, or three days after the date of posting of any letter.
7. Language
These Terms are written in English. Any translation into another language is provided solely for your convenience. In the event of any conflict between the English version and any translation, the English version shall prevail.
Regional Specific Terms
1. European Economic Area and United Kingdom (GDPR)
If you are a European resident, the data controller of your Personal Information is QUAFLOW OÜ. The legal bases for processing your information include:
- Consent: Where you have given clear consent for us to process your Personal Information for a specific purpose.
- Contract: Where processing is necessary for the performance of a contract with you or to take steps at your request before entering into a contract.
- Legal Obligation: Where processing is necessary for compliance with a legal obligation.
- Legitimate Interests: Where processing is necessary for our legitimate interests or those of a third party, provided those interests are not overridden by your rights and freedoms.
2. California (CCPA/CPRA)
California residents have specific rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as detailed in our Privacy Policy.
3. Brazil (LGPD)
For Brazilian users, we process your Personal Information in accordance with the Lei Geral de Proteção de Dados (LGPD), as detailed in our Privacy Policy.
4. Australia (APP)
For Australian users, we comply with the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth), as detailed in our Privacy Policy.
5. India (DPDP)
For Indian users, we comply with the Digital Personal Data Protection Act, as detailed in our Privacy Policy.
Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any material changes by posting the new Terms on this page and updating the "Last Updated" date.
We encourage you to review these Terms periodically for the latest information on our terms of use. Your continued use of our Services after any changes to these Terms constitutes your acceptance of the updated Terms.
Contact Us
If you have any questions, concerns, or requests regarding these Terms or our Services, please contact us at:
QUAFLOW OÜ
Email: [email protected]
Address: Harju maakond, Tallinn, Kesklinna linnaosa, Veskiposti tn 2-1002, 10138, Estonia
For European users, our EU representative can be contacted at: [email protected]