Legal
documents.

Article 1. | definitions

The following terms, capitalised throughout, have the meanings stated below.

• Qatch: Qatch Technologies B.V., as described above.
• Partner: any natural or legal person with whom Qatch has concluded or intends to conclude an Agreement.
• Parties: Qatch and the Partner jointly.
• Agreement: the contract concluded between the Parties under which the Partner can use the Platform.
• Platform: the mobile applications and web applications that Qatch provides for use to the Partner under the Agreement, including the admin portal, partner app, client portal, and the Qatch Go consumer application where applicable.
• Service: the performance to which Qatch binds itself toward the Partner regarding providing the Platform, including but not limited to administration and invoicing tools, CRM functionality, marketplace access, dispatch tools, and forwarding of transaction details.
• Subscription Plan: the pricing tier selected by the Partner, being Solo (free), Business (paid), or Enterprise (paid), each with the features and limits as published on the Qatch website.
• Transaction: every agreement between the Partner and a Third Party concluded through the Platform, providing for the delivery of services or products by the Partner to that Third Party.
• Marketplace: the feature within the Platform enabling Partners to share trips with other Partners or the broader driver network.
• Offer: the Partner’s offer directed at Third Parties through the Platform regarding services or products.
• Third Party: any natural or legal person who concludes or intends to conclude a Transaction through the Platform.
• Consumer: a Third Party who is a natural person not acting in the exercise of a profession or business.
• Commission: the percentage fee charged by Qatch on trips processed through the Platform, including Marketplace trips and booking tool trips, as set per market and published on the Qatch website.
• In Writing / Written: communication by email or any other method of communication that can be equated with this given the state of the art and prevailing societal views.

Article 2. | general provisions

• These Terms and Conditions apply to every offer made by Qatch to the Partner and to every Agreement concluded between them.
• Any general terms and conditions of the Partner do not apply to the Agreement. The Partner is required to state their own conditions in their Offer, which then apply to that Offer and the resulting Transactions.
• Deviations from these Terms and Conditions are only valid if agreed explicitly and In Writing. Where a written agreement deviates from these Terms and Conditions, the written agreement prevails.
• If any provision of these Terms and Conditions is declared invalid or unenforceable, the remaining provisions continue to apply. Qatch and the Partner will consult to agree on a replacement provision that reflects the intent of the original as closely as possible.

Article 3. | subscription plans and conclusion of the agreement

• Qatch offers the Partner three Subscription Plans: Solo (free), Business (paid, up to 5 drivers, €49 per month), and Enterprise (paid, for 6 or more drivers, custom pricing agreed between the Parties). Features and limits applicable to each plan are published on the Qatch website and may be updated with at least 30 days’ notice to existing Partners.
• The Solo plan is permanently free and includes a limited set of features as published on the Qatch website. No credit card or payment details are required for the Solo plan.
• The Business plan is available via self-service registration. The Agreement is concluded when the Partner completes registration and accepts these Terms and Conditions.
• The Enterprise plan is entered into by means of a quotation issued by Qatch. The Agreement is concluded upon written acceptance of the quotation by the Partner. Qatch may decline a registration or quotation request at its discretion.
• The Partner must provide accurate and complete information during registration and must keep this information up to date throughout the term of the Agreement.
• If a Partner on the Business plan adds a 6th driver, they will be prompted to upgrade to the Enterprise plan. Access for the additional driver will not be granted until the upgrade is completed or an Enterprise agreement is in place.

Article 4. | content of the agreement

• The features and limits available to the Partner depend on their active Subscription Plan. The Solo plan provides access to core functionality for a single driver. The Business plan provides full platform functionality for up to 5 drivers. The Enterprise plan provides full platform functionality including External API access and premium support, with driver limits and pricing as agreed in the applicable quotation.
• Commission applies to Marketplace trips processed through the Platform. The Commission rate is set per market. For Enterprise Partners, the Commission rate may be agreed as part of the quotation. Qatch will provide at least 30 days’ written notice of any change to the applicable Commission rate.
• The Platform allows Third Parties to order services and products from the Partner. The Partner is solely responsible for placing and managing their Offer using the login details provided by Qatch. Only services and products meeting the conditions published by Qatch may be listed; otherwise Qatch may refuse or remove the Offer.
• Qatch acts solely as a technology provider and mediator in facilitating the Offer and Transactions. The Partner is solely responsible and liable for the Offer and the quality of the services and products provided.
• The Partner may only offer services and products whose trade is permitted under applicable laws and regulations.
• Third Parties pay the Partner directly. Any Transaction for which Commission is owed creates an irrevocable obligation for the Partner to pay Qatch, subject to paragraph 8 below regarding cancellations.

Article 5. | cancellations and commission

• Commission is owed on completed Transactions. Where a Transaction is cancelled by the Third Party before the service has commenced, no Commission is owed on that Transaction.
• Where a Transaction is cancelled after the service has commenced, or where the Partner cancels a Transaction that they have accepted, Commission remains owed on the full value of the Transaction unless Qatch agrees otherwise In Writing.
• Qatch reserves the right to introduce a fair cancellation policy with at least 30 days’ notice to Partners. Any such policy will be published on the Qatch website and communicated to Partners In Writing before it takes effect.

Article 6. | terms of use and fiscal obligations

• The Partner agrees to provide accurate, current, and complete information during registration and use of the Platform, and to update it when necessary. The Partner is solely responsible for keeping login details secure and for all activities conducted under their account. The Partner must notify Qatch immediately of any actual or suspected unauthorised use.
• The Partner guarantees that data uploaded to the Platform does not infringe third-party intellectual property rights and indemnifies Qatch against all consequences arising from Qatch’s use of such data under the Agreement.
• The Platform may only be used for its intended purposes. Offering services or products for which the Platform is clearly not intended is prohibited.
• The Partner is not an employee or commercial agent of Qatch and acts as an independent contractor. Qatch does not deduct income tax or social security contributions for the Partner. The Partner is solely liable for paying applicable taxes and contributions on turnover realised through the Platform.

Article 7. | further obligations of the partner

• The Partner must provide all cooperation required for the execution of the Agreement and must notify Qatch promptly of any facts or circumstances that may affect the timely or proper execution of the Agreement.
• Transactions with Consumers via the Qatch Go consumer application are subject to the statutory right of withdrawal where applicable. The Partner is responsible for informing
  Consumers of this right, handling withdrawal requests correctly, and processing refunds in accordance with applicable law. Commission under Article 4.3 remains owed on withdrawn Transactions in accordance with Article 5.

Article 8. | availability and support

• Qatch will use reasonable efforts to keep the Platform available at all times. Qatch does not guarantee uninterrupted availability. Scheduled maintenance will be communicated to
  Partners in advance where possible. Emergency maintenance may be performed at any time without prior notice.
• Support is provided through the Qatch website and knowledge base. Business and Enterprise Partners may contact the Qatch support team directly. Enterprise Partners are entitled to premium support as described in the applicable quotation or Enterprise agreement.
• Qatch may modify, add, or remove features from the Platform at its discretion. Where changes materially affect existing functionality, Qatch will provide Partners with at least 30 days’ written notice.

Article 9. | duration and termination

• The Business Subscription Plan is entered into on a monthly basis as selected at registration. Monthly subscriptions renew automatically each month.
• The Solo plan has no fixed term and may be terminated by either party at any time.
• Enterprise agreements are entered into for the term specified in the applicable quotation and renew as agreed between the Parties.
• Either party may terminate the Agreement with immediate effect by written notice if the other party materially breaches the Agreement and fails to remedy the breach within 14 days of written notice. Qatch may also terminate or suspend access immediately and without notice if the Partner violates the rules of use, provides false information, or receives a volume of Third Party complaints that makes continuation undesirable.
• Termination of the Agreement does not affect the obligations of either party regarding Transactions already concluded between the Partner and Third Parties before the termination date.
• Upon termination, Qatch will retain Partner account data for a maximum of 6 months, after which it will be permanently deleted.

Article 10. | payments

• Qatch invoices Commission and applicable subscription fees monthly, unless otherwise agreed. Subject to counter-proof by the Partner, Qatch’s administration is decisive for determining amounts owed.
• Invoices are payable within 14 days of the invoice date. Payment must be made via the payment method linked to the Partner’s account or via another method accepted by Qatch.
• Complaints about invoice amounts must be submitted to Qatch In Writing within 30 days of the invoice date, stating reasons. In the absence of a timely complaint, the invoiced amount is considered accepted. Submission of a complaint does not suspend the payment obligation.
• If timely payment is not received, the Partner is in default by operation of law from the due date. From that date, Qatch may charge interest of 2% per month on the outstanding amount, where part of a month counts as a full month.
• All reasonable judicial, extrajudicial, and collection costs incurred to recover outstanding amounts are borne by the Partner.
• Qatch reserves the right to amend subscription fees and Commission rates. Partners will be notified of any changes at least 30 days before they take effect. If the Partner does not accept the amended fees, they may terminate the Agreement before the new fees apply.
• If the Partner becomes insolvent, is granted a moratorium, has assets seized, or ceases trading, all outstanding amounts become immediately due and payable.

Article 11. | force majeure

• Qatch is not required to fulfil any obligation under the Agreement if prevented by circumstances beyond its reasonable control, including but not limited to fire, flooding, government measures, power outages, failures of third-party infrastructure, pandemics, or civil unrest.
• If a force majeure event makes performance permanently impossible, either party may dissolve the Agreement with immediate effect without judicial intervention.
• Damage resulting from force majeure is not eligible for compensation.

Article 12. | suspension and dissolution

• Qatch may suspend the Service or dissolve the Agreement wholly or partially with immediate effect, without judicial intervention, if the Partner fails to fulfil their obligations under the Agreement, if there is good reason to fear non-compliance, or if the Partner receives a volume of Third Party complaints that makes continuation undesirable. Where the failure is capable of remedy, Qatch will first issue written notice giving a reasonable period to comply before exercising this right, unless the situation requires immediate action.
• Qatch may dissolve the Agreement immediately and without prior notice if the Partner is declared bankrupt, applies for suspension of payments, or has assets seized.
• The Partner is not entitled to any compensation regarding suspension or dissolution exercised by Qatch under this article.

Article 13. | liability and indemnification

• The Partner guarantees the accuracy of data provided via the Platform. Qatch is not liable for damage caused by reliance on incorrect or incomplete data provided by the Partner.
• Qatch’s liability for direct damages arising from an attributable failure to fulfil its obligations under the Agreement is limited, on a yearly basis, to the total fees paid by the Partner to Qatch in the three consecutive months preceding the damage-causing event.
• Qatch is not liable for indirect or consequential damages, including but not limited to lost profit, business interruption, loss of data, or reputational damage.
• Any claim against Qatch must be submitted In Writing within 30 days of the Partner becoming aware of the damage. Claims not submitted within this period are barred.
• The Partner indemnifies Qatch against all third-party claims arising from the Agreement that are attributable to the Partner, including claims arising from the Partner’s Offer, the quality of services or products, or the Partner’s conduct toward Third Parties or Consumers.
• Qatch may remove an Offer from the Platform for valid reasons, including conflict with applicable law or Platform standards, without incurring liability to the Partner.
• Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, or for any other liability that cannot be excluded under applicable law.

Article 14. | intellectual property

• All intellectual property rights in the Platform, including the Qatch name, logo, design, software, and documentation, belong to Qatch or its licensors. The Partner is granted a limited, non-exclusive, non-transferable right to use the Platform for its intended purpose during the term of the Agreement. This right expires immediately upon termination.
• Qatch does not claim intellectual property rights over data or content provided by the Partner. The Partner grants Qatch a limited licence to use such data and content to the extent necessary to provide the Service under the Agreement.
• Continued use of Qatch’s intellectual property after termination of the Agreement is unlawful and entitles Qatch to demand immediate cessation and claim compensation.

Article 15. | data protection

• Qatch processes personal data in connection with the Platform in accordance with the Qatch Privacy Statement, available at qatch.app/legal. The Privacy Statement forms part of the Agreement.
• Where Qatch processes personal data on behalf of the Partner, for example personal data of the Partner’s customers processed through the Platform, Qatch acts as data processor and the Partner acts as data controller within the meaning of the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679). A Data Processing Addendum is available on request from [email protected] and governs such processing.
• The Partner is solely responsible for ensuring that their use of the Platform and the personal data processed through it complies with applicable data protection legislation, including the GDPR.

Article 16. | amendments

• Qatch reserves the right to amend these Terms and Conditions. Partners will be notified of any amendments at least 30 days before they take effect, by email or via the Platform. Non-substantive amendments and changes required by law may be implemented at any time without prior notice.
• If the Partner does not accept an amendment, they must notify Qatch In Writing within 14 days of the notification. If Qatch proceeds with the amendment, the Partner may terminate the Agreement with effect from the date the amendment takes effect.
• Continued use of the Platform after the effective date of any amendment constitutes acceptance of the amended Terms and Conditions.

Article 17. | final provisions

• Qatch is entitled to transfer its rights and obligations under the Agreement to a third party. The Partner will be notified of any such transfer In Writing.
• The Partner may only transfer their rights and obligations under the Agreement with prior written permission from Qatch.
• These Terms and Conditions and all Agreements are governed exclusively by Dutch law. Any disputes arising from or in connection with the Agreement will be submitted to the competent court in the district of Oost-Brabant, unless mandatory law requires otherwise.
• If these Terms and Conditions are available in multiple languages, the Dutch version is decisive for interpretation.

1. Definitions

The following terms apply throughout these Terms and Conditions:

• Qatch: Qatch Technologies B.V., as described above.
• Venue Operator: the legal entity (airport, transport hub, venue manager, or similar organisation) that enters into an agreement with Qatch for use of the Platform at a specific location.
• Driver: any natural person who registers on the Driver App to participate in the managed queueing system at a Venue.
• Agreement: the contract between Qatch and a Venue Operator or Driver for use of the Platform, including these Terms and Conditions and any applicable quotation, order confirmation, or subscription.
• Platform: the Qatch Go Smart Queueing system, comprising the Client Portal (web-based dashboard for Venue Operators and dispatchers), the Driver App (mobile application for Drivers), and the Barrier Integration (automated access control system).
• Client Portal: the web-based dashboard through which Venue Operators and their designated dispatchers manage stands, queues, vehicles, and employees.
• Driver App: the mobile application used by Drivers to join and participate in the managed queue at a Venue.
• Barrier Integration: the automated barrier access control system connected to the Platform, which grants or denies vehicle access based on queue status and verification.
• Verification: the process by which Qatch confirms that a Driver meets the access requirements set by the Venue Operator before granting access to the managed queue.
• Personal Data: any information relating to an identified or identifiable natural person, as defined in the GDPR.
• GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

2. General provisions

• These Terms and Conditions apply to every offer made by Qatch and to every Agreement concluded between Qatch and a Venue Operator or Driver.
• Any general terms and conditions of the Venue Operator do not apply to the Agreement unless explicitly agreed otherwise in writing.
• Deviations from these Terms and Conditions are only valid if agreed explicitly and in writing. Where a written agreement deviates from these Terms and Conditions, the written agreement prevails.
• If any provision of these Terms and Conditions is invalid or unenforceable, the remaining provisions continue to apply. Qatch and the other party will consult to agree on a replacement provision that reflects the original intent as closely as possible.

3. The platform and service

Qatch Go Smart Queueing provides Venue Operators with a complete vehicle queue management system, enabling automated and coordinated vehicle flow at airport kerbs, terminal exits, and other high-volume pick-up and drop-off locations.

The Platform consists of three components that operate together: the Client Portal gives Venue Operators and dispatchers full visibility and control over the queue; the Driver App gives verified Drivers access to the managed zone; and the Barrier Integration automates physical access control based on queue status.

For Drivers, the Platform provides a structured and fair access system to managed pick-up zones. Drivers must complete the Verification process before being granted access. The specific access requirements are set by the Venue Operator and communicated to Drivers during registration.

Qatch acts as a technology provider only. Qatch is not a transport operator, dispatcher, or employer of Drivers, and is not party to any agreement between a Driver and a passenger.

4. Agreements with venue operators

• The Agreement between Qatch and a Venue Operator is entered into on the basis of a quotation issued by Qatch. The quotation sets out the scope of the Platform to be deployed, the applicable fees, the implementation timeline, and any site-specific requirements.
• Pricing for Venue Operators is bespoke and based on the complexity of the deployment, the number of stands and barriers, and the level of support required. Fees are stated in the quotation and invoiced as agreed.
• Onboarding follows a structured process: demo, pilot, testing, and go-live. Timelines are agreed between the parties and set out in the quotation or a separate implementation plan.
• The Venue Operator is responsible for providing Qatch with timely access to the physical location, IT infrastructure, and any third-party systems required for the Barrier Integration. Delays caused by the Venue Operator may affect the agreed implementation timeline, for which Qatch bears no liability.
• The Venue Operator is responsible for setting and communicating the Driver access requirements applicable to their venue, including any licensing, insurance, or vehicle standards that Drivers must meet before Verification is granted.
• The Venue Operator may grant or revoke a Driver’s access to the managed zone at any time through the Client Portal. Qatch will act on such instructions without independent review of the underlying reason.

5. Agreements with drivers

• Drivers register for access to a specific Venue’s managed queue through the Driver App. Registration requires the Driver to provide accurate personal, vehicle, and professional information as specified during the registration process.
• Access to the managed queue is subject to successful completion of the Verification process. Qatch verifies that the Driver meets the access requirements set by the Venue Operator. Qatch reserves the right to refuse or revoke Verification at its discretion, including where the Driver provides inaccurate information or no longer meets the applicable requirements.
• The Driver App is provided free of charge to verified Drivers. There is no subscription fee or usage fee for Drivers.
• The Driver’s account is personal and non-transferable. Drivers may not share their account or access credentials with any other person.
• Drivers must keep their personal, vehicle, and professional information up to date at all times. Failure to do so may result in suspension or revocation of access.
• Drivers must comply with all rules of the Venue Operator applicable to the managed zone, including any conduct, vehicle, and operational requirements communicated through the Driver App or at the Venue.
• The Driver is solely responsible for their conduct at the Venue and for the services they provide to passengers. Qatch bears no liability for any dispute, damage, or loss arising between a Driver and a passenger.

6. Barrier integration

• The Barrier Integration is provided as part of the Platform and operates on the basis of real-time queue data and Driver Verification status. Barrier operation is automated and does not require manual intervention under normal circumstances.
• Qatch does not manufacture, own, or maintain the physical barrier hardware. The Venue Operator is responsible for the physical barriers and their maintenance. Qatch is responsible only for the software integration that communicates with the barrier system.
• Qatch is not liable for barrier malfunctions, hardware failures, or access disruptions caused by third-party hardware or infrastructure. In the event of a technical issue with the Barrier Integration software, Qatch will use reasonable efforts to resolve the issue as quickly as possible.
• The Venue Operator must ensure that the physical barrier hardware meets the technical specifications provided by Qatch and that it is maintained in proper working order throughout the term of the Agreement.

7. Payments

Venue Operators are invoiced in accordance with the payment terms set out in the applicable quotation. Unless stated otherwise, invoices are payable within 14 days of the invoice date. Late payment entitles Qatch to charge interest at 2% per month on the outstanding amount, where part of a month counts as a full month.

All fees are in euros and exclusive of VAT unless stated otherwise. Qatch reserves the right to amend Venue Operator fees with at least 30 days’ written notice.

8. Acceptable use

The Platform may not be used in any way that violates applicable law, infringes the rights of third parties, or disrupts the operation of the Platform or the managed zone. In particular, Drivers may not attempt to circumvent the Verification process, manipulate queue position, or interfere with the Barrier Integration.

Qatch may suspend or terminate access without notice if it has reason to believe that the Platform is being misused, that a Driver or Venue Operator is acting fraudulently, or that continued access poses a risk to other users or the Venue.

9. Availability and maintenance

Qatch will use reasonable efforts to keep the Platform available at all times. However, Qatch does not guarantee uninterrupted availability. Scheduled maintenance will be communicated in advance where possible. Emergency maintenance may be performed at any time without prior notice.

Qatch is not liable for loss or damage caused by temporary unavailability of the Platform, whether due to maintenance, technical failure, or circumstances beyond Qatch’s control.

10. Duration and termination

Agreements with Venue Operators are entered into for the term specified in the quotation and renew automatically for successive periods of the same length unless terminated by either party
with at least 60 days’ written notice before the renewal date.

Drivers may terminate their account at any time through the Driver App.

Either party may terminate the Agreement with immediate effect if the other party materially breaches the Agreement and fails to remedy the breach within 14 days of written notice. Qatch may also terminate a Driver’s access immediately and without notice if the Driver provides false information, misuses the Platform, or has their Verification revoked by the Venue Operator.

Upon termination, the Driver’s access to the managed queue will cease immediately. Venue Operator data is retained for 6 months after termination and then permanently deleted.

11. Force majeure

Qatch is not required to fulfil any obligation under the Agreement if prevented by circumstances beyond its reasonable control, including but not limited to fire, flooding, government measures, power outages, failures of third-party infrastructure, pandemics, or civil unrest. If a force majeure event makes performance permanently impossible, either party may dissolve the Agreement with immediate effect.

12. Liability

Qatch’s liability for direct damages arising from an attributable failure to fulfil its obligations under the Agreement is limited, on a yearly basis, to the total fees paid by the relevant party to Qatch in the three months preceding the event giving rise to the claim.

Qatch is not liable for indirect or consequential damages, including loss of revenue, lost profit, loss of data, loss of goodwill, or business interruption.

Qatch is not liable for any loss or damage arising from the conduct of Drivers at a Venue, from disputes between Drivers and passengers, or from the failure of third-party hardware including barrier systems.

Claims must be submitted to Qatch in writing within 30 days of the claimant becoming aware of the damage. Claims not submitted within this period are barred.

13. Intellectual property

All intellectual property rights in the Platform, including the Qatch Go Smart Queueing name, logo, software, and documentation, remain the exclusive property of Qatch or its licensors. Users are granted a limited, non-exclusive, non-transferable right to use the Platform for its intended purpose during the term of the Agreement. This right expires immediately upon termination.

14. Data and privacy

The processing of personal data in connection with the Platform is governed by the Qatch Go Smart Queueing Privacy Statement, which forms part of the Agreement and is available at
qatch.app/legal. By accepting these Terms and Conditions, the user acknowledges and accepts the Privacy Statement.

Where Qatch processes personal data on behalf of a Venue Operator (for example, Driver data managed through the Client Portal), Qatch acts as data processor and the Venue Operator acts as data controller. A Data Processing Addendum is available on request from [email protected].

15. Governing law

These Terms and Conditions and all Agreements are governed exclusively by Dutch law. Any disputes arising from or in connection with the Agreement will be submitted to the competent court in the district of Oost-Brabant, unless mandatory law requires otherwise.

In the event these Terms and Conditions are made available in multiple languages, the Dutch version is decisive for interpretation.

1. Definitions

The following terms are used throughout these Terms and Conditions:

• Qatch: Qatch Technologies B.V., as described above.
• Customer / you: the natural or legal person who enters into an Agreement with Qatch for use of the Service.
• Agreement: the contract between Qatch and the Customer for access to and use of the Service, including these Terms and Conditions, the Data Processing Addendum, and any applicable subscription or order confirmation.
• Service: Qatch Omni AI, including the web-based dashboard, mobile applications, admin portal, AI workflows, campaign tools, and all associated features made available by Qatch.
• End User: an employee, contractor, or authorised representative of the Customer who accesses the Service under the Customer’s account.
• Subscription: the paid access package selected by the Customer (Starter, Growth, Professional, or Enterprise).
• Trial: a free, time-limited period of access to the Service on the Professional plan, as further described in Article 3.
• AI Token Pack: a separately purchased bundle of processing credits used to run AI- powered features within the Service, including AI workflows, AI chatbot replies, and Voice Agent minutes.
• Third-Party Connections: integrations between the Service and external platforms, including but not limited to WhatsApp Business, Instagram, Facebook Messenger, and email providers.
• Personal Data: any information relating to an identified or identifiable natural person, as defined in the GDPR.
• GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data.

2. The Service

Qatch Omni AI is a B2B SaaS platform that enables businesses to centralise communications across multiple channels (including WhatsApp, Instagram, Facebook Messenger, and email), manage customer conversations through a shared inbox, run automated messaging campaigns, and deploy AI-powered workflows and chatbots.

The Service is made available through paid Subscription packages. The features, limits, and pricing applicable to each Subscription are published on the Qatch website and may be updated from time to time. Customers may also purchase AI Token Packs as described in Article 7.

Qatch may, at its discretion, modify, add, or remove features from the Service. Where changes materially affect existing functionality, Qatch will provide reasonable advance notice.

3. Free Trial

Qatch offers new Customers a free trial period of 14 days on the Professional Subscription plan. The following conditions apply to the free trial:

• No credit card or payment details are required to start a free trial.
• The trial is available to new Customers only. One trial per company or organisation.
• During the trial, the Customer has access to the full features of the Professional plan, subject to a trial AI token allowance of 50,000 tokens.
• If the Customer does not upgrade to a paid Subscription before the end of the trial period, the account will move to read-only status. The Customer will be able to log in and view existing data but will not be able to send messages, run campaigns, or execute AI workflows.
• Account data is retained for 30 days after the trial ends. If no Subscription is taken within this period, a final deletion warning is sent. Account data is permanently deleted 44 days after the trial end date.
• Qatch may modify or discontinue the free trial offer at any time without notice.

4. Account and access

To use the Service, the Customer must register an account by providing accurate and complete information. The Customer is responsible for:

• Maintaining the confidentiality of login credentials and ensuring they are not shared with unauthorised persons.
• All activities conducted under the Customer’s account, including actions taken by End Users.
• Ensuring that End Users comply with these Terms and Conditions at all times.
• Notifying Qatch immediately of any actual or suspected unauthorised access.

Qatch may suspend or terminate access to the Service without notice if it has reason to believe that login credentials are being misused or shared in violation of these Terms and Conditions.

End User accounts are personal and may not be transferred or shared. The number of End User accounts available under the Customer’s Subscription is specified in the applicable Subscription plan.

5. Third-party connections

The Service supports connections to third-party platforms including WhatsApp Business (via Meta), Instagram, Facebook Messenger, and email providers. The following conditions apply:

• The Customer is solely responsible for ensuring that it has the necessary rights, permissions, and agreements with third-party platform providers before connecting them to the Service.
• Third-party platform providers may independently change, restrict, or discontinue their APIs or connection capabilities. Qatch is not responsible for any resulting loss of functionality and no refunds are owed in such cases.
• The Customer acknowledges that use of third-party platforms, including Meta platforms, is subject to the respective terms and conditions of those providers. Non-compliance with those terms may result in suspension or termination of the third-party connection.
• Qatch does not guarantee the continued availability of any specific Third-Party Connection.

6. AI token packs

AI Token Packs are available to Customers on the Growth, Professional, and Enterprise Subscription plans. The following conditions apply:

• Token Packs are purchased separately from the Subscription fee. Pricing is published on the Qatch website.
• Purchased tokens are valid for 2 months from the date of purchase. Unused tokens expire at the end of this period and are non-refundable.
• Where a Customer holds multiple active Token Packs, the oldest tokens are consumed first (FIFO).
• If a Customer’s token balance reaches zero, AI-powered features will be suspended until a new Token Pack is purchased. The Service will notify the Customer when the balance falls below 20% of the last purchased pack.
• Token pricing is based on current AI model API costs and may change over time. Qatch will provide at least 14 days’ notice of any price changes to Token Packs.
• Customers on the Starter plan do not have access to AI Token Packs, as the Starter plan does not include AI workflow functionality.

7. Fees and payment

The Customer owes a Subscription fee for use of the Service, invoiced in advance on a monthly or annual basis as selected at the time of purchase. All fees are in euros and exclusive of VAT unless stated otherwise.

Fees are non-refundable. In the event of an annual Subscription, no refund is issued for unused months if the Customer terminates early.

Payment is due within 14 days of the invoice date. If payment is not received on time, Qatch may suspend access to the Service after providing written notice. Continued non-payment beyond 90 days may result in termination of the Agreement and deletion of account data.

Qatch reserves the right to amend Subscription fees. The Customer will be notified of any fee changes at least 30 days before they take effect. If the Customer does not wish to accept the new fees, they may terminate the Agreement with effect from the date the new fees apply.

8. Right of use

Subject to timely payment of the applicable fees, Qatch grants the Customer a limited, non- exclusive, non-transferable, and non-sublicensable right to use the Service for the Customer’s own internal business purposes during the term of the Agreement.

The Customer may not resell, sublicense, or make the Service available to third parties for those parties’ own use. All intellectual property rights in the Service, including the Qatch Omni AI name, logo, platform design, and underlying software, remain the exclusive property of Qatch or its licensors.

9. Data

Data entered into the Service by the Customer and its End Users remains the property of the Customer. Qatch processes this data solely to provide the Service in accordance with the Agreement.

Qatch may use anonymised, aggregated usage data for the purposes of product improvement, statistical analysis, and service benchmarking. This data will not identify individual Customers or End Users.

Where the Service is used to process personal data of third parties (such as the Customer’s own customers), Qatch acts as data processor under the GDPR. The Data Processing Addendum (Article A) governs this processing and forms an integral part of these Terms and Conditions.

10. Acceptable use

The Customer and its End Users must not use the Service in any way that:

• Violates applicable law or regulation, including the GDPR, the EU AI Act, and anti-spam legislation.
• Infringes the intellectual property rights, privacy, or other rights of any third party.
• Involves sending unsolicited bulk messages (spam) or messages to contacts who have not given consent where required by law.
• Involves the use of automated tools to crawl, scrape, or extract data from the Service beyond its intended functionality.
• Interferes with or disrupts the integrity or performance of the Service or Qatch’s infrastructure.
• Involves impersonation of any person or entity.
• Involves any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable.

If Qatch determines that the Customer or any End User has violated these conditions, Qatch may issue a warning, suspend access, or terminate the Agreement, at Qatch’s sole discretion.

11. Availability and maintenance

Qatch will make reasonable efforts to keep the Service available at all times. However, Qatch does not guarantee uninterrupted availability. Scheduled maintenance will be communicated in advance where possible. Emergency maintenance may be performed at any time without prior notice.

Qatch is not liable for any loss or damage arising from temporary unavailability of the Service, whether due to maintenance, technical failure, or circumstances beyond Qatch’s control.

12. Term and termination

The Agreement commences on the date the Customer creates an account and is entered into for the Subscription period selected. Monthly Subscriptions renew automatically each month. Annual Subscriptions renew automatically for a further 12 months unless terminated at least 30 days before the renewal date.

Either party may terminate the Agreement with immediate effect by written notice if the other party materially breaches the Agreement and fails to remedy the breach within 14 days of written notice.

Upon termination of the Agreement for any reason, the Customer’s access to the Service will cease. Customer data will be retained for 6 months following termination, after which it will be permanently deleted. The Customer is responsible for exporting any data it requires before termination takes effect.

13. Liability

Qatch’s liability for direct damages arising from an attributable failure to fulfil its obligations under the Agreement is limited, on a yearly basis, to the total fees paid by the Customer to Qatch in the three months preceding the event giving rise to the claim.

Qatch is not liable for any indirect or consequential damages, including loss of revenue, loss of profit, loss of data, loss of goodwill, or business interruption.

Any claim against Qatch must be submitted in writing within 30 days of the Customer becoming aware of the damage. Claims not submitted within this period are barred.

Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, or for any other liability that cannot be excluded by law.

14. Confidentiality

Each party agrees to keep confidential all information received from the other party that is marked as confidential or that would reasonably be understood to be confidential given its nature. This obligation does not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law or court order.

15. Amendments

Qatch may amend these Terms and Conditions from time to time. Customers will be notified of material changes at least 30 days before they take effect. Continued use of the Service after the effective date of any amendment constitutes acceptance of the amended terms. If the Customer does not accept the amended terms, they may terminate the Agreement before the amendments take effect.

16. Governing law

These Terms and Conditions and the Agreement are governed exclusively by Dutch law. Any disputes arising from or in connection with the Agreement will be submitted to the competent court in the district of Oost-Brabant, unless mandatory law requires otherwise.

Data processing addendum

This Data Processing Addendum (“Addendum”) forms part of the Agreement between Qatch and the Customer and governs the processing of personal data by Qatch on behalf of the Customer in connection with the Service.

A.1 Roles

Where the Customer uses the Service to process personal data of its own customers, employees, or other third parties, Qatch acts as data processor and the Customer acts as data controller within the meaning of the GDPR. Qatch processes such personal data only on the documented instructions of the Customer as set out in this Addendum and the Agreement.

A.2 Scope of processing

Qatch processes personal data only to the extent necessary to provide the Service. The categories of personal data processed may include: names, email addresses, phone numbers, IP addresses, message content submitted through connected channels (WhatsApp, Instagram, Facebook Messenger, email), and any other personal data submitted by the Customer or its End Users through the Service. The categories of data subjects include the Customer’s own customers, contacts, and End Users.

A.3 Security

Qatch implements and maintains appropriate technical and organisational security measures to protect personal data against unauthorised access, loss, destruction, or unlawful processing, in accordance with Article 32 GDPR. These measures include encryption of data in transit and at rest, access controls, and regular security testing.

A.4 Sub-processors

The Customer grants Qatch general permission to engage sub-processors for the performance of the Service. Qatch will inform the Customer of any intended changes to sub-processors with at least 14 days’ notice. The Customer may object within this period. If no agreement is reached, the Customer may terminate the Agreement.

Qatch uses the following categories of sub-processors: cloud hosting and infrastructure providers (EU-based), AI processing providers, communication channel providers (including Meta platforms for WhatsApp, Instagram, and Facebook Messenger connectivity), email delivery providers, and payment processors.

The full and current list of sub-processors, including their names, locations, and purposes, is available on request by contacting [email protected].

A.5 International transfers

Qatch may process personal data outside the European Economic Area (EEA) in connection with sub-processors such as OpenAI (United States). Such transfers are made subject to the EU Standard Contractual Clauses (Commission Decision 2021/914) or other appropriate safeguards as required under Chapter V of the GDPR. At the Customer’s request, Qatch will provide details of the applicable transfer mechanism.

A.6 Data subject rights

Where a data subject exercises their rights under Articles 15 to 22 GDPR directly with Qatch, Qatch will forward the request to the Customer within 14 days. The Customer is responsible for responding to data subject requests. Qatch will provide reasonable assistance where technically possible.

A.7 Data breaches

In the event of a personal data breach, Qatch will notify the Customer without undue delay and in any case within 72 hours of becoming aware of the breach. Notification will include: the nature of the breach, the categories and approximate number of data subjects and records affected, the likely consequences, and the measures taken or proposed to address the breach. The Customer remains responsible for any notification obligations to supervisory authorities and data subjects.

A.8 Deletion on termination

Upon termination of the Agreement, Qatch will delete all Customer personal data within 6 months, unless a longer retention period is required by law. The Customer is responsible for exporting required data before termination.