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Terms of Service
Terms governing your use of QDAcity
QDAcity GmbH · Erlangen, Germany
Last Updated: August 5, 2026
These Terms of Service ("Terms") govern your access to and use of the QDAcity website (qdacity.com) and the cloud-based services provided by QDAcity GmbH.
1.Company and Service Overview
1.1.Legal Entity:The services are provided by QDAcity GmbH, a company incorporated and based in Erlangen, Germany.
1.2.Service Description:QDAcity provides a cloud-based service for qualitative data analysis ("Service"). Our platform allows users to manage projects, analyze qualitative data, and collaborate in teams.
1.3.Third-Party Services:In order to provide our Service, we may involve third parties. A comprehensive list of third-party processors and partners involved in providing the Service is available in our Privacy Policy on our website.
2.Account and Subscription Tiers
2.1.Free Tier:We offer a Free Tier designed for users to try out the Service. The Free Tier is provided with limited features and quotas. QDAcity reserves the right to modify or terminate the Free Tier at any time.
2.2.Paid Subscriptions:We offer various paid subscription tiers (e.g., Team tier) and optional add-ons to accommodate different user needs. If available, users may also purchase one-time add-ons to temporarily increase certain quotas.
3.Seat Management and Quotas
3.1.Seat Consumption:Users can purchase multiple seats for a subscription. Billing accounts can be linked to specific projects. A unique user who is a member of any project linked to a billing account counts as exactly one seat in the paid subscription.
3.2.Multiple Projects:A user may be a member of multiple projects linked to the same billing account, but they will only count once against the seat quota for that billing account.
3.3.Freeing Up Seats:When a user is removed from all projects linked to a billing account, their seat is freed up. This newly available seat can then be consumed by inviting a different user to a linked project. Seat consumption is triggered automatically upon invitation to a project.
3.4.Quota Limits:When any type of quota allocated to your subscription or account is exhausted, access to the corresponding feature or action will be blocked from further use until the quota renews (e.g., automatically at the start of the next billing cycle) or until additional quota is acquired through a subscription upgrade or the purchase of an add-on. For seat quotas specifically, you will not be able to add or invite additional users until existing seats are freed up or your total seat allowance is increased.
3.5.Types of Quota:
- Consumable Quota:Certain features, such as automated transcription minutes, are consumable. These quotas renew automatically on a monthly basis.
- Fixed Quota:Other limits, such as the maximum number of user seats, are fixed based on your current subscription plan.
4.Payments and Billing
4.1.Payment Processor:All payments for subscriptions and add-ons are processed securely by our designated payment provider, Adyen.
4.2.Payment Mechanics:Payments for subscriptions are typically processed on a recurring basis (e.g., monthly or annually, depending on the chosen plan). One-time add-ons are billed instantly at the time of purchase.
4.3.Delivery Information:As QDAcity is a digital cloud service, delivery is fulfilled instantly. Upon successful payment or subscription activation, your account limits, seats, and quotas are immediately updated and accessible via the web platform.
5.Upgrades and Downgrades
5.1.Upgrades:Upgrades to a more expensive subscription or the addition of extra seats take effect immediately. You will be billed on a pro-rata basis for the difference between the existing price and the new price for the remainder of the current billing period. The new, higher price will apply in full starting with the subsequent billing periods.
5.2.Downgrades:Changes to a lower-priced subscription or a reduction in seats will always take effect at the start of the next billing period. No pro-rata refunds are issued for mid-cycle downgrades.
6.Cancellation and Refunds
6.1.Lockout Period:Please note that no changes to your subscription (including cancellations, upgrades, or downgrades) are permitted within the final three (3) days of the current billing period.
6.2.Cancellation Policy:Subscription renewals can be canceled up to three (3) days before the end of the current billing period. If you cancel your subscription, you will retain access to the paid features until the end of the paid billing cycle.
6.3.Refund Policy:Already booked or renewed subscriptions, as well as subscription add-ons (including one-time add-on purchases), are non-refundable. However, in jurisdictions where consumers have a statutory right of withdrawal or cancellation (e.g., the EU 14-day right of withdrawal for consumers under B2C contracts), we will fully comply with such legal requirements. To submit a statutory cancellation request, please contact us at support@qdacity.com.
7.Acceptable Use and Prohibited Conduct
You agree to use the Service strictly in compliance with applicable laws and these Terms. Specifically, you agree not to:- Illegal Content:Upload, store, analyze, or distribute any content that is unlawful, harmful, defamatory, infringing on third-party intellectual property rights, or otherwise illegal.
- Data Scraping & Automated Access:Use automated systems, bots, scrapers, or crawlers to extract data, code, or content from the platform without explicit written permission.
- Reverse Engineering:Decompile, reverse engineer, disassemble, or attempt to derive the source code or underlying algorithms of the Service or any software used in connection with it.
- Service Disruption:Interfere with, overload, or disrupt the integrity, security, or performance of the Service, servers, or networks connected to QDAcity.
- Unauthorized Access:Attempt to gain unauthorized access to any accounts, computer systems, or networks connected to the Service.
8.Intellectual Property & System Metadata
8.1.User Content:You retain full ownership and all intellectual property rights to the qualitative data, documents, audio files, codes, and projects you upload or generate using the Service ("User Content"). QDAcity claims no ownership over your qualitative research data.
8.2.QDAcity Intellectual Property:All rights, title, and interest in and to the Service—including software, UI design, logos, trademarks, and documentation—are and will remain the exclusive property of QDAcity GmbH.
8.3.System Logs & Metadata:QDAcity owns and retains all rights to system performance data, usage statistics, telemetry, system logs, and aggregated metadata generated by the operation and use of the Service. QDAcity uses this data to operate, maintain, secure, analyze, and improve its platform. Any processing of personal data contained within log files remains governed by our Privacy Policy.
9.Warranty & Limitation of Liability
9.1.Statutory Rights:If you are a consumer (B2C), statutory warranty rights under German civil law (BGB) shall apply to the provision of digital products.
9.2.Unlimited Liability:QDAcity GmbH is unrestrictedly liable for damages resulting from injury to life, body, or health, in cases of intent (Vorsatz), gross negligence (grobe Fahrlässigkeit), fraud, or mandatory liability under statutory law (e.g., German Product Liability Act / Produkthaftungsgesetz).
9.3.Limited Liability for Slight Negligence:In cases of slight negligence (leichte Fahrlässigkeit), QDAcity GmbH shall only be liable for breach of an essential contractual obligation (Kardinalpflicht)—an obligation whose fulfillment is fundamental to the proper execution of the contract and upon which the user regularly relies. In such cases, liability is limited to typical, foreseeable contractual damages. Liability for slight negligence in all other cases is excluded.
9.4.Free Tier Liability:Under German statutory law for gratuitous contracts (§§ 521, 599 BGB), QDAcity GmbH's liability for services provided free of charge (Free Tier) is limited strictly to intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit).
10.Amendments to these Terms
QDAcity GmbH reserves the right to amend or update these Terms at any time. Registered users will be notified of any material changes via email at least thirty (30) days before the amendments take effect. If you do not object to the amended Terms within thirty (30) days of receiving the notification, the updated Terms will be deemed accepted. If you object, QDAcity GmbH reserves the right to terminate your account at the end of the current billing cycle or access period.11.Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies insofar as statutory consumer protection rights in their country of residence are not restricted.If the user is a business entity, merchant, legal entity under public law, or special fund under public law (B2B), the exclusive place of jurisdiction for all disputes arising from these Terms is Erlangen, Germany.