Effective date: October 1, 2024

Welcome to Quantum AdVantage Matrix.(QUAM).
These Terms of Service (Terms) constitute a legally binding contract between you and AYSA OÜ (we, our, us). Please read them carefully before subscribing to QUAM, so that you understand what you can expect from us, and what we will expect from you, if you become a Staticflow user. We may update or replace these Terms from time to time but rest assured that notice will be given to you via email about the changes if you are a Staticflow user.
If you don’t agree to these Terms, you cannot sign-up to QUAM.
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1. How to read these Terms of Service‍

Terms in bold have specific meanings given to them in these Terms.
Headings may assist you but they are for reference only and are not binding. These Terms contain hyperlinks which may take you to additional documents or webpages that you should also read;
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In these Terms (i) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (ii) a reference to "party" is to you or us as the context dictates and a reference to "parties" is to both you and us; (iii) words denoting the singular have a comparable meaning when used in the plural, and vice versa; (iv) unless the context otherwise requires, references in these Terms to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder; and (v) these Terms are to be construed without regard to any presumption or rule requiring construction or interpretation against the party who drafted a provision or caused a provision to be drafted.
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2. About QUAM.

QUAMis a digital platform owned and operated by us, Address
Sepapaja 6, Tallinn 15551, Estonia Registry code 14471074
VAT number EE102068018(from 2018-05-14), a company incorporated in Tallinn, Estonia (we, us, our) collects in connection with the operation of our online platform called Quantum AdVantage Matrix (QUAM). You can read more about QUAM at https://quam.cc . ‍

3. Using QUAM

In order to use QUAM, you must register a QUAM User Account. Registration is only available to users who are at least 18 years of age and have the ability to enter into legally binding contracts.

During the registration process you will be required to provide your name, email address and any other information requested by us. You must provide accurate and up to date information. You must not use a disposable temporary email address. Your QUAM login credentials will be generated upon completion of your account registration. You must not share them with any other person. Staticflow accounts cannot be shared or transferred.

During account registration you will be asked to provide valid credit card details. If you are not the card owner, by entering any credit card details during the registration process, following expiry of your trial or when updating your account, you will be deemed to have warranted to us that you have permission from the card owner for all Staticflow subscription fees on your QUAM account to be paid using that credit card. All credit card details are held by Stripe. The only credit card details we have access to, other than the amount of the payments, is the name on the card, the last 4 digits, the type of card, the card issuer and the expiry date.

If you sign up for QUAM on behalf of a company (whether as an administrator or in response to an invitation from your administrator):
you represent and warrant to us that you are an authorised representative of the company with authority to bind the company to these Terms and to create workspaces, advertising content and to otherwise use QUAM on its behalf;
you must ensure that each person in your company who accesses QUAM has their own QUAM User Account and that they do not share their account credentials with anyone else;
you consent to us using, and hereby license us to use, your company’s logo, name and testimonials in marketing material to promote QUAM;
other than in respect of paragraphs (a), (b) and (c) above, ‘you’ and ‘your’ in these Terms refer to both you and that company, jointly and severally.
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4. Your Subscription Plan

We offer Trial subscriptions. You can learn more about our subscription plans here.
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Our Trial Plan is 7 euros for 14 days. When you decide to upgrade to another plan, you will also be asked to provide valid credit card details, to indicate that you wish to upgrade your QUAM subscription. If you provide your credit card details you will automatically be charged for the first month of your subscription at the time you provide your credit card details. Subscriptions can be cancelled by email to support@quam.cc.

Applicable subscription fees for our subscription plans are displayed and payable in EUR and include all applicable taxes, duties and charges.

You can change your subscription plan via your QUAM account. Subscription changes take effect at the end of the current monthly billing period.
We will charge your nominated credit card for the applicable subscription fees in advance every month on the same date, based on the date that you provided your credit card details to us until termination of your QUAM account. For example, if you provided your credit card details on the 10th of the month, your monthly subscription fee will be payable each month on the 10th day of each month for the duration of your subscription.

5. Access to QUAM

We will use our best endeavours to keep QUAM online at least 99% of the time, measured monthly. However, from time to time we may need to take QUAM offline for maintenance purposes. We will endeavour to minimise any downtime. You must use a compatible web browser to access and use QUAM. We do not warrant that Staticflow will be operational on an error free or uninterrupted basis.‍
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6. Intellectual Property Rights

Please read this section about IPR carefully. In these Terms, IPR means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the Convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.

As between you and us, we own all IPR in QUAM (Our IPR) other than:
Third Party Advertising Content: Our website contains advertising content from public ad transparency libraries (Ads). QUAM claims to have ownership of these Ads, and we display them purely for the purposes of providing our Service. Citations, images, and paraphrasing may only be published elsewhere in limited extent, and only if crediting the respective owners (Copyright Holders). Copyright Holders may reach out to us to request for Ads to be removed at:Sepapaja 6, Tallinn 15551, Estonia, or via email to support@quam.cc. When doing so, please provide the following information:
A description of the copyrighted work that you claim has been infringed, and any relevant further details (such as the title and date of publication, as applicable);
A description of where the material that you claim is infringing is located on our website (including a URL and screenshot);
Your address, telephone number, and email address so that we may get in contact with you;
A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf; and
An electronic or physical signature (which may be a scanned copy) of the copyright owner or the person authorised to act on behalf of the owner of the copyright interest.
You must indemnify us from all and any loss and damage that we suffer as a result of any third party claim that our possession or use of any IPR referred to in paragraph 6(a) and/or (b) above infringes the IPR of that third party.
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You must not represent that you own any of Our IPR. You may only use Our IPR in order to operate your Staticflow account.

You must not directly or indirectly do anything that would or might invalidate, jeopardise, limit, interfere with or put in dispute Our IPR and you must not do or authorise the commission of any act that would or might invalidate or be inconsistent with our (or our licensors’) ownership of Our IPR.

You hereby assign to us all IPR in all and any comments in connection with Staticflow and any requests for new Staticflow features, that you may make or suggest regarding them (each, an Improvement Suggestion). Each such Improvement Suggestion becomes our sole and exclusive property. This assignment is effective when you disclose the Improvement Suggestion to us including under section 197 of the Copyright Act 1968 (Cth) and in equity. You also hereby consent to the infringement of any Moral Rights (as that term is defined in the Copyright Act 1968 (Cth)) that you may have in each Improvement Suggestions by us and by any third parties who we authorise.
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7. Privacy

We agree to comply with all applicable data protection and privacy laws in any applicable jurisdiction. You must also comply with all applicable data protection and privacy laws in any applicable jurisdiction.

By using Staticflow, you consent to our use of personal information in accordance with our Privacy Policy, as amended by us from time to time.

You agree to obtain all necessary consents and authorisations from any individuals before providing us with their personal information for us to collect, use, process and disclose in accordance with our Privacy Policy.
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8. What you cannot do with QUAM

You must not:
use QUAM to violate all or any legal rights of any person or other entity in any jurisdiction;
use QUAM to develop a product or service that competes with QUAM;
use QUAM to modify, copy, prepare derivative works of, decompile or reverse engineer any content or software contained in QUAM, except to the extent this paragraph is not permitted under non-excludable applicable law;
sell, license or exploit for any commercial purposes, any third-party owned IPR that you obtain from QUAM, except where you otherwise have the consent of the owner of the IPR therein to do so;
sell, license or exploit for any commercial purposes any of Our IPR;
resell access to QUAM or to any of the functionality made available in QUAM;
use any scraper, robot, spider, crawler or other automated device to copy any part of, or content on, QUAM;
use QUAM in relation to crimes such as theft and fraud;
use QUAM in breach of laws relating to the protection of copyright, trade secrets, patents or other IPR and laws relating to spam or privacy;
introduce malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs);
allow use of your QUAM account by any other person;
use another person’s name, username or password or otherwise attempting to gain access to someone else’s QUAM account;
use QUAM to make fraudulent offers of goods or services;
use QUAM to carry out security breaches or disruptions of network communications;
use QUAM to execute any form of network monitoring which will intercept data not intended for you;
send unsolicited email messages through or to users of QUAM in breach of applicable law;
use QUAM to create, store, disclose or transfer content that is unlawful, harmful, obscene, an infringement of third party IPR, harassing or offensive;
use QUAM to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages;
use of QUAM in breach of any person’s privacy (such as by way of identity theft or "phishing”).

10. Liability

Our and your liability is limited in a few different ways:
first, each party’s liability in respect of your subscription to QUAM is limited, in the aggregate, to the QUAM subscription fees paid by you to us;
second, each party will not have any liability for any matter beyond its reasonable control, such as for third party software failures and telecommunications network faults;
third, each party will not have any liability for any indirect, special or consequential loss or damage arising in connection with your QUAM subscription, including loss of profits, loss of revenue, loss of or unauthorised access to or alteration, deletion of, or failure to store, content or data, or for loss of or damage to goodwill, whether arising in contract, tort (including negligence) or otherwise, and whether the loss or damage is foreseeable or not;
fourth, for any breach by us of any applicable guarantee under Consumer Protection Act of Estonia or any other similar law, our liability will be limited to one or more of the following as determined by us: if the liability concerns goods, (i) the replacement of the goods, or the re-supply of the goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and if the liability concerns services: (i) the supplying of the services again; or (ii) the payment of the cost of supplying the services again; and fifth, we will not be liable as a result of any downtime or unavailability of Staticflow where we take Staticflow offline for maintenance purposes.
However, nothing in these Terms limits either party’s liability for any intentional breach, for breach of the other party’s IPR, for any breach of applicable law or to the extent the liability cannot be limited under non-excludable applicable law. In addition, each party will not be liable for any non-performance of its obligations under these Terms where caused by the other party’s wrongful acts or omissions or for any other matter beyond a party’s reasonable control.
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11. Compliance with these Terms

If a party breaches any of these Terms, the other party may notify that party in writing that it requires it to rectify the breach. If:
the notified party fails to rectify a breach that is remediable within 7 days of receiving the notice; or
the breach is not remediable,
the notifying party may cancel your Staticflow subscription by notice in writing.
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12. Cancellation of your account

Subscriptions automatically renew on a rolling monthly basis, except where you or we provide written notice to the other of the cancellation of your account. You may cancel your subscription by contacting our customer support team at support@staticflow.io.

When you cancel your subscription, recurring monthly payments will stop immediately and your access to Staticflow will cease at the end of your then-current monthly billing cycle.

We may suspend or cancel your account in the event that the subscription fees for your account are not paid for any reason by the due date and still not paid within the time specified in a reminder notice that we provide to you or where applicable, to your administrator.
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13. Links to other websites

QUAM may contain links to third party websites, plug-ins and applications which we do not own or control. We do not represent, recommend or endorse these websites, plug-ins or applications. We encourage you to read their privacy policies so that you understand how they may collect and process your personal information.
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14. How to reach us

You can email us at support@quam.cc and we will happily answer any questions you may have.
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15. Laws that apply

These Terms are governed by the laws in force in Estonia.
You and we each irrevocably submit to the non-exclusive jurisdiction of the courts located in New South Wales in relation to any proceedings or disputes concerning QUAM or these Terms.
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16. General

Severability: If any part of these Terms is deemed invalid by a court of competent jurisdiction, the remainder of these Terms is still enforceable.

Relationship: No employment, joint venture or partnership relationship is formed by these Terms.

Entire Agreement: These Terms are the entire agreement between you and us about its subject matter and supersede all other proposals, arrangements, representations and agreements between you and us about its subject matter.

Currency: all reference to currency, monetary values, “euros” or “€” in these Terms and on our website at quam.cc are to euros.