QInsights B.V.: General Terms & Conditions (GTC)/End User Licence Agreement (EULA)
These General Terms and Conditions (GTC)/End User Licence Agreement (EULA) govern the use of the SaaS for AI-supported data analysis “QualiDialog”, which is provided by QInsights BV. The service enables users to have uploaded documents automatically analysed and summarised according to various criteria (“Document Analysis”).
General part
§ 1 Subject matter of the contract
1. The subject of these GTC/EULA is all services provided within the scope of the QualiDialog product.
2. The provider of deliveries or services under this contract is QInsights BV, Bierstraat 123C, 3011 XA Rotterdam, The Netherlands, hereinafter referred to as “QInsights BV”.
3. Subject to explicit provisions to the contrary in these GTC/EULA, QInsights BV is the manufacturer and owner of all exploitation rights to QualiDialog.
§ 2 Payment processing via third-party provider
For purchases processed through Paddle, your invoice and payment receipt are issued by Paddle, not QInsights B.V.
Paddle acts as QInsights B.V.’s authorised reseller and Merchant of Record. It handles payment collection, invoicing, applicable taxes, refunds, chargebacks and subscription administration under its terms. QInsights B.V. provides the QualiDialog service under these GTC/EULA. Orders invoiced directly by QInsights B.V. are contracted directly with QInsights B.V.
§ 3 Services and technical requirements
1. QualiDialog offers the Customer the option of having uploaded documents automatically analysed and summarised by various criteria. For this purpose, the Customer uploads the documents to its QualiDialog Account, and QInsights BV forwards them to a service provider via an interface. The created result is displayed in the user account.
2. The owed quality and the exact functional scope of QualiDialog can be found in the functional descriptions available in the QualiDialog Manual: https://qualidialog.com/resources/manual.
3. The automated analysis of the Customer’s documents is not carried out by QINSIGHTS BV itself, but by service providers with which QINSIGHTS BV has a contractual agreement. The service providers use artificial intelligence for document analysis. A regularly updated list of the service providers used can be found at https://qualidialog.com/compliance.
4. QInsights B.V. may change its AI service providers or methods and update QualiDialog for valid reasons, including service improvements, technical changes, security or operational requirements. Customers are not entitled to a particular AI provider or method. Changes must preserve conformity with the contract; customers will be informed of functional changes through their account or by email. Changes involving personal data remain subject to § 7 and the applicable data-processing agreement.
§ 4 Use of QualiDialog
1. Product presentations, in particular on QINSIGHTS BV’s websites, do not constitute an offer to conclude a contract.
2. Information provided by QINSIGHTS BV via telephone is non-binding.
3. In order to use QualiDialog, the customer must create a customer account on QINSIGHTS BV’s website. A contract granting the right to use QualiDialog is concluded when the customer agrees to these GTC/EULA within his QualiDialog Account.
4. The free trial ends after 30 days or when 1 million tokens have been used, whichever occurs first. No payment method is required, and the trial does not automatically convert to a paid subscription. Trial access is subject to the stated trial limits. If the Customer purchases a paid licence before the trial ends, the data and results in the trial account remain available in the paid account.
5. The customer is solely responsible for all activities carried out via their QualiDialog Account. The customer agrees to keep his login details confidential and not to grant third-parties access to his account. QINSIGHTS BV must be informed immediately if there is any suspicion of unauthorised use.
6. If the customer uses QualiDialog on behalf of a company or other organisation, they warrant that they are authorised to represent it in a legally binding manner. The obligations under this contract then also apply to the represented organisation.
7. The customer remains responsible for all content that they enter, store or transfer using QualiDialog. QINSIGHTS BV does not check their content. The customer warrants that they have all necessary rights and permissions to use and share this content.
8. The contract for the use of QualiDialog is concluded for an indefinite period unless a specific subscription term has been agreed. Paid subscriptions are subject to the agreed subscription term and the renewal and cancellation provisions in § 4a. The Customer may delete its QualiDialog Account, subject to any ongoing payment obligations under a paid subscription.
9. QINSIGHTS BV is permitted to collect and evaluate aggregated and anonymised data on the use of QualiDialog in order to improve or market the service and other products and services, provided that no personal data within the meaning of the GDPR is processed or disclosed.
§ 4a Subscription renewal, cancellation and refunds
1. Automatic renewal: If the Customer purchases access to QualiDialog on a subscription basis, the subscription shall automatically renew for the agreed billing period unless cancelled before the next renewal date.
2. Cancellation: The Customer may cancel the renewal of a subscription at any time. Cancellation shall take effect at the end of the then-current billing period.
3. Refunds: Except where § 12 or mandatory applicable law provides otherwise, cancellation does not entitle the Customer to a refund of fees already paid for the current billing period.
4. Paddle payments and refunds: Where payment has been processed through Paddle, refund requests relating to that transaction shall be processed through Paddle. Any approved refund shall be returned to the original payment method used for the purchase.
§ 5 Rights of use
1. QINSIGHTS BV grants the customer the non-exclusive and non-transferable right to use QualiDialog as intended for the duration of the contract.
2. The customer may not make any changes to QualiDialog that go beyond what QINSIGHTS BV enables the customer to do by providing corresponding functions (e.g. in the settings).
3. The customer is not authorised to make QualiDialog available to third parties for use, either for a fee or free of charge. The customer is expressly prohibited from subletting QualiDialog.
4. The customer is not permitted to edit, modify or alter QualiDialog (in whole or in part) or to disassemble, decompile, reverse engineer or convert QualiDialog in whole or in part, nor may the customer permit or enable third parties to do so. Furthermore, the customer may not use QualiDialog to create, train or improve similar or competing products or services (directly or indirectly).
§ 6 Scope of use
1. Customers must use QualiDialog in accordance with applicable law, third-party rights and the applicable terms of the service providers listed on the Compliance page. The following uses are prohibited:
- Using the service to facilitate illegal activity, violence, discrimination, harassment or exploitation, including harm to children.
- Infringing privacy, intellectual property or other rights, or processing data without the necessary rights and permissions.
- Compromising security, including hacking, bypassing protective measures or distributing malware.
- Using the service for fraud, deception or unlawful manipulation.
Lawful research and evaluation involving sensitive subjects, including political views, sexuality, violence or discrimination, are permitted subject to those requirements. Studying such material is distinct from using the service to promote or facilitate harmful activity.
2. The restrictions on safety-critical uses in § 9 also apply. AI-generated output must be reviewed by a person with appropriate expertise before it is used to inform medical, legal, financial or other consequential decisions.
3. Customers must not misrepresent AI-generated output as having been produced entirely by a human.
§ 7 Data protection
1. QInsights BV collects and processes personal data in accordance with the GDPR.
2. Insofar as the Customer processes personal data through the use of QualiDialog, the Customer is responsible for ensuring that it is authorised to provide such data to QINSIGHTS BV for processing and that its use of the data complies with the data protection and privacy laws applicable to the Customer and the relevant processing. Where the GDPR applies, the Customer shall comply with the obligations applicable to it in its capacity as controller or processor, as the case may be.
3. The following provisions do not apply if the customer is a natural person and the processing of personal data is carried out exclusively for personal or family activities.
1. Data processing agreement
1.1 Schedule 1 to these GTC/EULA contains the QINSIGHTS BV Data Processing Agreement (“DPA”) for processing in which the Customer acts as controller and QINSIGHTS BV acts as processor. This DPA constitutes the mutual agreement of the parties with respect to such processing when the Customer uses QualiDialog in accordance with these GTC/EULA. Where the Customer acts as a processor on behalf of another controller, QINSIGHTS BV acts as a sub-processor and the Customer is responsible for ensuring that its instructions to QINSIGHTS BV are consistent with the instructions and authorisation of the relevant controller.Read Schedule 1.
1.2 The DPA forms an integral part of the GTC. Upon the customer's consent to these GTC/EULA, the DPA shall also become effective between the parties.
1.3 In the event of any conflict or inconsistency between the DPA and these GTC/EULA, the DPA shall prevail to the extent of such conflict or inconsistency.
2. Standard contractual clauses
2.1 If the Customer is located in a country outside the European Economic Area for which the European Commission has not issued an adequacy decision, the applicable Standard Contractual Clauses adopted by the European Commission shall apply to the transfer, depending on the roles of the parties.
2.2 Schedule 2 to these GTC/EULA contains Module 4 (Transfer from a Processor to a Controller) of Commission Implementing Decision (EU) 2021/914 and applies where the Customer acts as controller. Where the Customer acts as processor, Module 3 (Transfer from a Processor to a Processor) of Commission Implementing Decision (EU) 2021/914 shall apply instead in its unmodified form, with the parties’ roles and annex information completed according to the relevant processing.Read Schedule 2.
2.3 The applicable SCC form an integral part of the GTC/EULA and become effective between the Parties upon the Customer’s agreement to these GTC/EULA.
3. Definitions
Terms not otherwise defined in the DPA and/or the SCC shall have the meaning set out in the GDPR.
4. Information for the DPA and SCC
4.1 The following details apply to Annex II of the DPA and Annex I.B of the SCC:
4.1(a) Data subjects: All persons whose personal data is contained in the documents provided by the customer for document analysis via QualiDialog.
4.1(b) Personal data: All data contained in the documents provided by the customer for document analysis via QualiDialog.
4.1(c) Sensitive data and safeguards: Customer Content may include special categories of personal data within the meaning of Article 9 GDPR, including, for example, health data, political opinions, racial or ethnic origin, religious or philosophical beliefs, or information concerning a person’s sex life or sexual orientation. QINSIGHTS BV processes such data solely for the purpose of providing the QualiDialog services and in accordance with the Customer’s documented instructions.
The Customer determines which data is uploaded to QualiDialog and is responsible for ensuring that the processing of such data complies with the data protection and privacy laws applicable to the Customer and the relevant processing. Where the GDPR applies, the Customer is responsible for ensuring that the requirements of Articles 6 and 9 GDPR and, where applicable, the safeguards required under Article 89 GDPR or applicable national law are met.
QINSIGHTS BV does not require Customers to upload special-category personal data. Where appropriate for the Customer’s research or analysis, Customers may anonymise or pseudonymise personal data before uploading it to QualiDialog.
4.1(d) Transfer frequency: Continuously during the customer's use of QualiDialog.
4.1(e) Nature of processing: Automated document analysis using artificial intelligence.
4.1(f) Purpose of processing: Automated document analysis using artificial intelligence.
4.1(g) Retention: The data provided by the Customer will be processed for the duration of the contractual relationship. Upon termination or expiry of the relevant service, personal data will be returned or deleted in accordance with Schedule 1 and applicable law. Personal data may be retained only where and for as long as required by applicable law or where it has been irreversibly anonymised.
4.1(h) Sub-processors: When using QualiDialog, Customer Content is stored on cloud infrastructure and, where necessary for the requested functionality, forwarded to service providers for further processing, including artificial-intelligence processing. A regularly updated list of service providers, processing locations and relevant contractual information is available at https://qualidialog.com/compliance. Service providers process Customer Content only for the purpose and duration necessary to provide the relevant service, subject to their contractual obligations and applicable law.
4.2 For Annex I.A of the SCC, the relevant activity is the provision of QualiDialog.
§ 8 Warranty and liability
1. AI-generated analyses may contain errors, omissions or misleading interpretations. Customers are responsible for reviewing outputs against their source material and assessing their suitability for the intended use. QInsights B.V. does not guarantee the accuracy, completeness or reliability of individual analyses. This does not affect mandatory rights concerning the conformity of the service.
2. QInsights B.V. is liable without limitation for intentional misconduct, gross negligence and negligently caused injury to life, body or health. In other cases of slight negligence, liability is limited to breaches of essential contractual obligations and to foreseeable damage typical of the contract. These limits do not apply to fraudulent concealment of a defect, breach of an express warranty, or liability that cannot be excluded or limited by applicable law.
3. Liability for data loss or damage arising from unauthorised changes or improper use is governed by paragraph 2. Customers should retain copies of their original data and export their work periodically. This recommendation does not make daily customer backups a condition of QInsights B.V.’s liability.
4. QInsights B.V. is not responsible for delays caused by circumstances beyond its reasonable control or by the Customer’s failure to provide information or cooperation needed to perform the contract, to the extent permitted by applicable law.
5. The limitations in this section also apply to QInsights B.V.’s employees, representatives and persons engaged to perform its obligations.
§ 9 High-risk activities
QualiDialog is a research and analysis tool. It must not be used to operate or control safety-critical systems where a software failure could directly cause death, personal injury or serious physical or environmental damage. This restriction does not prevent research into those systems or related subjects.
§ 10 Copyright
1. QualiDialog is protected by Dutch copyright law and international copyright treaties as well as by other laws and treaties on intellectual property.
2. The ownership and copyright exploitation rights in QualiDialog (including but not limited to images, photographs, animations, video, audio, music, text and “applets” contained in QualiDialog), the printed accompanying material and all copies of QualiDialog are owned by QINSIGHTS BV.
3. By using QualiDialog, the customer does not acquire any rights to the intellectual property of QualiDialog apart from the rights of use granted to him/her on the basis of these GTC/EULA.
§ 11 Special conditions for traders
1. The following provisions apply exclusively to customers who enter into an agreement with QINSIGHTS BV for purposes relating to their trade, business, professional or institutional activities (“Business Customers”). This includes, in particular, universities, research institutions, companies, public or private organisations, and self-employed professionals acting in a professional capacity.
2. Scope of application
2.1 These GTC/EULA apply exclusively; QINSIGHTS BV does not recognise any terms and conditions of the customer that conflict with or deviate from these GTC/EULA unless QINSIGHTS BV has expressly agreed to their validity in writing. These GTC/EULA also apply if QINSIGHTS BV executes the customer's order without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from these GTC/EULA.
2.2 All agreements made between QINSIGHTS BV and the customer for the execution of an order must be made in writing or in text form (e.g. by e-mail or letter).
3. Prices and terms of payment for orders outside the webshop
3.1 For delivery the prices stated in QINSIGHTS BV's offer at the time of the order apply.
3.2 Orders from European countries must be placed in EUR; orders in US dollars are not permitted.
3.3 Unless otherwise stated, the prices quoted are exclusive of VAT (which shall be shown separately on the invoice at the statutory rate on the date of invoicing).
3.4 Payment term: The Customer must pay QINSIGHTS BV’s invoices within 14 days of the invoice date unless otherwise agreed. QINSIGHTS BV is entitled to invoice periodically. Annual licences shall be invoiced for the agreed licence period unless otherwise agreed.
3.5 Default and interest: If the Customer fails to pay an invoice on time, the Customer shall be in default by operation of law. The Customer shall then owe interest of 2% per month, or the amount stated on the invoice, calculated from the date on which the Customer is in default until payment of the total amount due.
3.6 Set-off and suspension of payment: The Customer is not entitled to set off amounts owed to QINSIGHTS BV against any counterclaim. Objections to the amount of an invoice do not suspend the payment obligation.
3.7 Non-payment: If the Customer is in default with payment, QINSIGHTS BV is entitled to suspend the Customer’s access to QualiDialog and/or the provision of other services until all outstanding amounts have been paid.
3.8 Collection costs: If the Customer remains in default after having received a payment reminder and the applicable payment period stated in the reminder has expired, the Customer shall owe collection costs amounting to 15% of the outstanding principal sum, with a minimum of EUR 150.
3.9 Judicial and enforcement costs: Any reasonable judicial and enforcement costs incurred in recovering overdue amounts shall also be payable by the Customer to the extent permitted by applicable law.
4. Warranty and limitation of liability
In addition to § 8, the following provisions on warranty and limitation of liability shall apply to the acquisition and use of QualiDialog:
4.1 The customer is not entitled to remedy defects itself and to demand reimbursement of the expenses required for this unless the customer has properly notified QINSIGHTS BV of the defect and provided QINSIGHTS BV with the information required to reproduce the defect and QINSIGHTS BV has not remedied the defect within a reasonable period of time.
4.2 Claims for compensation for damages and expenses for reimbursement shall become time barred within 12 months. This 12-month period begins at the earliest with the notification of the defect by the Customer and at the latest at the end of the year in which the Customer recognized the defect or could have recognized it without negligence.
4.3 QINSIGHTS BV is not liable for damage that has not occurred to QualiDialog itself; in particular, QINSIGHTS BV is not liable for lost profits of the customer that are attributable to the use of the products.
5. Miscellaneous
5.1 QINSIGHTS BV is authorised to name the client as a reference for the purpose of external presentation on the website. This may also include the use of the logo (corporate identity), with which the customer agrees. QINSIGHTS BV reserves the right to name the reference up to 3 calendar years after termination of the contract.
5.2 For contracts with merchants, legal entities under public law or special funds under public law, the place of fulfilment for delivery and payment as well as the place of jurisdiction shall be the registered office of QINSIGHTS BV in Rotterdam, Netherlands.
§ 12 Special Conditions for Consumers (Right of Withdrawal)
The following provisions of § 12 apply only if the customer acts as a consumer within the meaning of Article 6:230g(1)(a) of the Dutch Civil Code (Burgerlijk Wetboek).
1. Right of withdrawal
1.1 You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which the contract is concluded.
1.2 To exercise the right of withdrawal, you must inform us,
QINSIGHTS BV
Bierstraat 123C
3011 XA Rotterdam
The Netherlands
Tel.: +31 (0)6 39205531
[email protected]
of your decision to withdraw from the contract by means of an unequivocal statement, for example by letter or email. You may use the model withdrawal form set out below, but this is not obligatory.
1.3 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
2. Effects of withdrawal
2.1 If you withdraw from this contract, we will reimburse all payments received from you without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from the contract.
We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.
2.2 If you have expressly requested that QINSIGHTS BV begin providing the service during the 14-day withdrawal period and you subsequently exercise your right of withdrawal before the service has been fully performed, you may be required to pay an amount proportionate to the services provided up to the time at which you informed us of your decision to withdraw.
The proportionate amount will be calculated on the basis of the total price agreed in the contract and the extent to which the service has been provided.
3. Commencement of the service during the withdrawal period
3.1 QualiDialog is an online digital service. If you wish to use the service immediately after concluding the contract, you expressly request that QINSIGHTS BV begin providing the service before the expiry of the 14-day withdrawal period.
3.2 Where the service is fully performed during the withdrawal period, the right of withdrawal expires once the service has been fully performed, provided that:
1. performance began with your express prior consent;
2. you expressly acknowledged that you would lose your right of withdrawal once the contract had been fully performed by QINSIGHTS BV; and
3. QINSIGHTS BV provided you with confirmation of the contract and your consent and acknowledgement in accordance with applicable law.
3.3 Where the service has begun but has not been fully performed, your right of withdrawal does not expire merely because you have started using QualiDialog. If you exercise your right of withdrawal during the withdrawal period, the provisions of section 2.2 above apply.
4. Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
To:
QINSIGHTS BV
Bierstraat 123C
3011 XA Rotterdam
The Netherlands
[email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:
Ordered on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper):
Date:
(*) Delete as applicable.
§ 13 Final provisions
1. These GTC/EULA and all agreements concluded on their basis shall be governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. This choice of law does not deprive consumers of the protection afforded to them by mandatory provisions of the law of the country in which they have their habitual residence, where such provisions apply irrespective of the choice of law. To the extent permitted by applicable law, the courts of Rotterdam, the Netherlands, shall have exclusive jurisdiction over all disputes arising out of or in connection with these GTC/EULA or agreements concluded on their basis.
2. The rights and obligations arising from an agreement concluded between the parties on the basis of these GTC/EULA may not be assigned or transferred to a third party without the prior written consent of QINSIGHTS BV, except where such restriction is not permitted under mandatory applicable law.
3. Should a provision in these GTC/EULA or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other agreements or provisions. The statutory provision shall apply in place of the invalid provision.
4. QINSIGHTS BV is entitled to unilaterally amend these GTC/EULA if there is a valid reason for doing so (e.g. in the case of a necessary adjustment to changes in the legal or technical framework conditions). Customers will be informed of an amendment in advance by e-mail, stating the content of the amended provisions. If the customer does not object to the notification of amendment within 4 weeks after receipt of the e-mail, the amended provisions shall be deemed agreed, except where mandatory applicable law requires the Customer’s express consent or otherwise provides.
5. The language of the contract shall be English. These GTC/EULA have been drawn up in English.
Updated: November 2026