Terms of Service

Effective Date: 25 November 2025

These Terms of Service ("Terms") are between Qaxal s.r.o. ("Qaxal", "we", "us") and the business that signs up for the Digital Identity Platform ("you", "Customer"). They cover your use of the Digital Identity Platform, our hosted server-side GTM and first-party identity service ("the Service" or "DIP").

Qaxal s.r.o. is a Slovak limited liability company, IČO 55 900 526, DIČ 2122126281, VAT ID SK2122126281, with registered seat at Ulica Adama Štrekára 8131/19, 917 08 Trnava, Slovakia, registered in the Commercial Register of the District Court Trnava (Obchodný register Okresného súdu Trnava), Section Sro, Insert No. 55543/T. The only contact address for any matter under these Terms is legal@qaxal.com.

The Data Processing Agreement at dip.qaxal.com/legal/dpa forms part of this Agreement and applies to all processing of personal data by us as your processor.

1. The Service and Plans

We provide the Service on the plan you select at sign-up (currently Free, Starter, Growth, Scale, or Enterprise) at the published pricing in effect when you subscribe. Plan features, included event volumes, included sub-domains, and any overage rates are described on dip.qaxal.com.

The Service is provided to businesses only. You confirm that you enter this Agreement in the course of your trade or profession. The consumer-protection provisions of Slovak law and EU Directive 2011/83/EU (including the 14-day withdrawal right) do not apply.

Authority and acceptance record. By accepting these Terms on behalf of a business, you represent that you have authority to bind that business and that the business information you provide (legal name, IČO/VAT or equivalent, billing details) is accurate. We record acceptance details, namely the accepting user's name and email, the business identified, the timestamp, the IP address and user agent of the device used, and the version of these Terms and the DPA accepted (by URL and document hash), as evidence of contract formation.

2. Your Account

You are responsible for your account, your credentials, and everything that happens under your login. Keep credentials confidential. Tell us at legal@qaxal.com without undue delay if you suspect unauthorised access.

You may let your employees, contractors, agencies, or group companies use the Service through your account; you remain responsible for everything they do.

3. Acceptable Use

You may use the Service only for lawful business purposes and in compliance with applicable law, including GDPR, the ePrivacy Directive, and any privacy, advertising, or sector-specific rules that apply to you.

You must not use the Service to:

• do anything illegal, or help anyone else do anything illegal;
• harass, threaten, defame, or harm individuals, or host content that does so;
• distribute malware, exploits, or other malicious code;
• mass-scrape third-party websites or APIs through DIP, or use DIP to bypass third-party access controls, rate limits, or terms of service;
• infringe anyone's intellectual property, trade secrets, or privacy rights;
• bypass our own access controls, security measures, or plan limits, or probe our infrastructure without written permission;
• send spam, run unsolicited bulk messaging, or operate DIP as an SMTP, SMS, push, or voice originator;
• process special-category data under Article 9 GDPR or criminal-conviction data under Article 10 GDPR through the Service on a systematic basis without telling us first in writing;
• operate the Service in or on behalf of users in countries subject to comprehensive EU, UN, UK, or US sanctions, or on behalf of any sanctioned person.

The following activities need our written sign-off before you start: gambling and betting, adult content, firearms and weapons, cryptocurrency token sales and high-risk financial products, and anything in a regulated industry where our involvement could itself trigger a licensing requirement. Ask us at legal@qaxal.com; we will not unreasonably refuse.

For the avoidance of doubt, the following are part of the product and are permitted: setting up first-party CNAMEs and serving the Service from a sub-domain of your own domain; identity stitching between anonymous and signed-in visitors using the documented Service capabilities, where you have a lawful basis and appropriate consent; persisting click IDs, UTM parameters, and consent state server-side. These are what DIP does. If browser-tracking-prevention rules or local law in a specific market change what's permitted, you are responsible for adjusting your configuration. We are responsible for operating the Service in compliance with laws applicable to us as provider. You are responsible for your configuration of the Service and for complying with laws applicable to you as Customer, including local consent and ePrivacy requirements for end-users on your properties.

If you breach this section we may, depending on severity, ask you to fix it, suspend the affected configuration or your whole account, or terminate. For active malware, active attacks on others, or anything we are legally required to act on immediately, we may suspend first and notify you afterwards.

4. Fees, Billing, and Renewal

Fees are in Euros and exclusive of VAT. We invoice in advance for the period you choose (monthly or annual). Payment is due as stated on the invoice; default is 14 days for bank transfer, immediate for card and SEPA Direct Debit through Stripe.

Where you are established in another EU Member State and have given us a valid VAT identification number, the reverse-charge mechanism applies where permitted by Slovak VAT law. Late payments may be subject to statutory default interest and fixed collection-cost compensation under §§369 and 369a of the Slovak Commercial Code and Government Regulation No. 21/2013 Coll.

Your subscription renews automatically for successive renewal terms of the same length as the initial term until cancelled. For annual subscriptions, we send a renewal reminder by email at least 30 days before the renewal date.

Cancellation. Monthly plans: cancel any time in the dashboard; cancellation takes effect at the end of the current monthly term. Annual plans: cancel by email to legal@qaxal.com at least 30 days before the end of the current annual term. There are no pro-rata refunds for unused time on cancelled subscriptions. The Free plan can be cancelled any time in the dashboard.

Price changes on renewal. Fees for a renewal term may be increased by up to 5% over the previous term without your separate consent. If we propose a larger increase, we will tell you with the renewal reminder; if you do not agree in writing, you may terminate without penalty effective at the end of the current term.

5. Support and Availability

Support. We respond to support requests sent to legal@qaxal.com within two business days. Our business hours are Monday to Friday, 09:00 to 17:00, Europe/Bratislava time, excluding Slovak public holidays. We do not offer 24/7 support.

Availability. We provide the Service on a best-effort basis. We monitor availability and work to restore the Service promptly when incidents occur. We do not commit to a specific uptime percentage and do not operate a service-credit scheme. If the Service is unavailable in whole or material part for more than seven consecutive days, you may terminate this Agreement on written notice, and we will refund any prepaid Fees for the unused portion of your term.

6. Your Data, Our Service

Your data stays yours. You retain all rights in the data you send through the Service and in any content you configure in the Service ("Customer Data"). You grant us a limited, non-exclusive licence to process Customer Data solely to provide the Service to you under these Terms and the DPA, including routing it to the downstream destinations you designate.

Our IP stays ours. We retain all rights in the Service, including the runtime, the routing engine, our documentation, and any improvements we make. No rights are granted to you except those expressly stated.

Feedback. If you give us feedback, suggestions, or feature requests, we may use them freely. Feedback is not your confidential information.

7. Confidentiality

Each of us may receive non-public information from the other in connection with this Agreement ("Confidential Information"). Each party will keep the other's Confidential Information in confidence, use it only to perform under this Agreement, and protect it with at least reasonable care. Confidentiality obligations last for three years after termination.

The obligations do not apply to information that is or becomes publicly known without breach, was independently developed without using the other party's Confidential Information, was lawfully received from a third party without confidentiality obligations, or must be disclosed by law, in which case the receiving party will, where lawfully permitted, give prompt notice so the other party can seek protection.

8. Publicity

We may identify you as a user of the Service by displaying your name and logo on dip.qaxal.com, in our pitch decks, and on case-study pages. If you would prefer we did not, send a request to legal@qaxal.com and we will remove your name and logo within 30 days.

9. Termination

By you. Monthly: any time in the dashboard, effective end of the current monthly term. Annual: by email to legal@qaxal.com at least 30 days before the end of the current annual term. You may also terminate for our uncured material breach (see below) or under section 5 (extended unavailability) or section 15 (material adverse changes).

By us for breach. We may terminate this Agreement on 30 days' written notice if you are in material breach and have not cured within that period. We may also suspend the Service immediately and without cure period if: you have not paid an undisputed invoice more than 30 days after its due date; you are in serious breach of section 3 (Acceptable Use); your use creates a material security risk to other customers; or we reasonably suspect fraud. We will lift any suspension as soon as the cause has been resolved.

By us for convenience. We may terminate this Agreement for any reason on 60 days' written notice. If we do, we will refund any prepaid Fees for the unused portion of your current term on a pro-rata basis.

Data after termination. For 30 days after termination, you may request an export of your Customer Data by email to legal@qaxal.com, and we will provide it in a reasonable machine-readable format. After 30 days, we will delete your Customer Data from active systems and (within a further 30 days) from backups, except where retention is required by law (for example, accounting records). Section 13 of the DPA covers our processor-specific return-and-deletion obligations.

10. Warranties and Disclaimers

We warrant that the Service will perform materially as described in our public documentation during your subscription term.

You warrant that you have the right to use the Service, deploy whatever you deploy through it, and send the data you send through it; that you have obtained any required consents from end users; and that your use complies with applicable law and section 3.

Apart from the express warranty above, and to the maximum extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. The Service is otherwise provided "as is".

11. Indemnification

By you. You will defend us against any third-party claim arising from your Customer Data, your configuration of the Service, your breach of section 3, or your failure to obtain required end-user consents, and you will pay the damages, regulatory fines, and reasonable legal fees finally awarded against us or agreed in settlement.

By us. We will defend you against any third-party claim alleging that the Service, as provided by us and excluding your configuration and your Customer Data, infringes a registered IP right enforceable in the Slovak Republic or the European Union. We may, at our option, procure the right for you to continue using the Service, modify the Service so it no longer infringes, or terminate the affected Service and refund Fees you paid for the unused portion of the term. We have no obligation under this paragraph to the extent the claim arises from your Customer Data or configuration, from modifications not made by us, or from combination of the Service with anything we did not provide.

Procedure. The indemnifying party's obligation is conditional on the indemnified party giving prompt written notice of the claim, granting sole control of defence and settlement, and providing reasonable cooperation at the indemnifying party's expense. The indemnifying party will not settle in a way that imposes any non-monetary obligation or admission of liability on the indemnified party without that party's prior written consent.

12. Limitation of Liability

Our cap. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with this Agreement is limited to the Fees you actually paid us in the 12 months immediately preceding the event giving rise to the claim. This cap applies whether the claim is in contract, tort (including negligence), breach of statutory duty, or otherwise.

Carve-outs from our cap. Our cap does not apply to: (a) our payment or refund obligations under this Agreement; or (b) our gross negligence or wilful misconduct. The carve-out under section 386 of Act No. 513/1991 Coll. (Slovak Commercial Code) for wilful misconduct applies as a matter of mandatory law; gross negligence is carved out by this paragraph as an additional commercial commitment.

No cap on you. Your obligations to pay Fees and your indemnity obligations to us under section 11 are not subject to a cap.

Indirect losses. Neither party is liable to the other for any indirect or consequential loss, lost profit, lost revenue, lost business, lost goodwill, or lost anticipated savings, whether or not foreseeable. This exclusion does not apply to the carve-outs above or to anything that cannot be excluded under mandatory law.

Nothing in this section excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be excluded as a matter of mandatory law.

13. Insurance

We maintain business insurance appropriate to the scale and nature of our operations.

14. Force Majeure

Neither party is liable for any failure or delay in performance (other than payment obligations, which are never excused) caused by an event beyond its reasonable control, including natural disasters, war, civil unrest, government action, sanctions, epidemics, strikes not involving its own workforce, or failure of public telecommunications networks not under its control.

Outages or degradations of our infrastructure providers, including Cloudflare, are not force majeure. We chose them and we remain responsible for their performance, subject to section 12.

If a force majeure event lasts more than 30 consecutive days, the unaffected party may terminate this Agreement on written notice and we will refund any prepaid Fees for the unused portion of your term.

15. Changes to the Terms

We may update these Terms from time to time. We will give you at least 30 days' notice of any change by email to your billing contact. Changes take effect on the date stated in the notice and apply to you when they take effect.

If a change is materially adverse to you (for example, it weakens our security or data-protection commitments, materially expands your obligations or liability, or materially reduces the scope of the Service), you may terminate this Agreement without penalty by giving written notice before the change takes effect, with effect from the change date, and we will refund any prepaid Fees for the unused portion of your term.

Changes required by mandatory law take effect on the date the law requires; we will give as much advance notice as is reasonably practicable.

16. Notices

We send notices to you by email to the billing contact in your dashboard. Keep that address current. You send notices to us by email to legal@qaxal.com.

Notices are effective when sent if sent during business hours (Europe/Bratislava) on a business day, and otherwise on the next business day.

17. Governing Law and Jurisdiction

This Agreement is governed by Slovak law, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The competent Slovak court at our registered seat has exclusive jurisdiction over any dispute or claim arising out of or in connection with this Agreement, including non-contractual disputes.

18. Miscellaneous

Assignment. You may not assign or transfer this Agreement without our prior written consent (not to be unreasonably withheld), except to an affiliate or to a successor in connection with a merger or sale of all or substantially all of your business. We may assign this Agreement to an affiliate or to a successor in connection with a merger, reorganisation, or sale of all or substantially all of our business or the assets relating to the Service, on written notice to you.

Severability. If any provision is held invalid, illegal, or unenforceable, the remaining provisions are not affected and the parties will replace the invalid provision with a valid one that achieves the same commercial intent.

No waiver. A failure or delay by either party to exercise any right or remedy is not a waiver of that or any other right or remedy.

Entire agreement. These Terms and the DPA are the entire agreement between us on their subject matter and replace all prior or contemporaneous communications, representations, and agreements on the same subject.

Independent contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary, or employment relationship.

Language. These Terms are concluded in English. If we provide a translation, the English version controls in case of conflict.

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Qaxal s.r.o., IČO 55 900 526, DIČ 2122126281, VAT ID SK2122126281, Ulica Adama Štrekára 8131/19, 917 08 Trnava, Slovak Republic. Registered: OR Okresného súdu Trnava, oddiel Sro, vložka č. 55543/T.

Version 2.0. Effective 25 November 2025.