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Terms and Conditions

Effective date: April 28, 2025

§1 Preamble

FlareCRM is a product developed and operated by Qatana Technologies GmbH, a limited liability company registered in Austria with its registered office at Hofzeile 10–12/10/9, 1190 Vienna, and company registration number FN 574986 f. FlareCRM provides a software-as-a-service (SaaS) solution focused on customer relationship management (CRM) and related productivity functionalities.

These Terms and Conditions ("Terms") govern the contractual relationship between Qatana Technologies GmbH (hereinafter "FlareCRM", "we", "us") and the legal or natural persons ("Customer", "you") using the Services provided under the domain flarecrm.io.

§2 Scope of Application

2.1 These Terms apply to all Services offered by FlareCRM, including trial access, paid subscriptions, and associated features and support. They form an integral part of any contractual agreement between you and FlareCRM.

2.2 By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use our Services.

2.3 We may update these Terms from time to time. If we make material changes, we will provide you with prior notice by email or through the Service interface. Continued use of the Service after such changes constitutes acceptance.

2.4 Any conflicting general terms and conditions of the Customer are not accepted unless explicitly agreed upon in writing.

§3 Services Provided by FlareCRM

3.1 FlareCRM offers cloud-based CRM software accessible via modern web browsers, along with optional browser extensions and integrations.

3.2 We continuously improve our software. Enhancements, updates, or functional modifications may occur without prior notice. We will inform you in advance in the event of material changes.

3.3 FlareCRM is not liable for service interruptions due to maintenance, software updates, or third-party system failures.

3.4 The Service is provided "as-is" and "as available". We make no warranties regarding availability, reliability, or suitability for your specific purposes.

3.5 The Customer's access to the Service ends at the router exit point of our hosting provider. End-user devices and network connections are outside of our responsibility.

§4 Customer Obligations

4.1 You are responsible for ensuring that your technical environment (including internet access, browser, and hardware) is compatible with our software.

4.2 You shall use the Services only for lawful purposes and in compliance with all applicable laws and regulations.

4.3 You are required to safeguard your login credentials and prevent unauthorized access. Any activities conducted through your account are your responsibility.

4.4 You may not reverse-engineer, copy, decompile, or manipulate the software beyond its intended use.

4.5 You are responsible for regularly backing up data where feasible.

§5 Intellectual Property and Usage Rights

5.1 All intellectual property rights in the Service and related materials remain with FlareCRM or its licensors.

5.2 FlareCRM grants you a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service during the term of your subscription.

5.3 You may not use the software beyond the scope of agreed usage tiers without upgrading your subscription.

§6 Data Protection and Privacy

6.1 FlareCRM processes personal data in accordance with the EU General Data Protection Regulation (GDPR). Details are provided in our Privacy Policy.

6.2 In cases where you process personal data using our Service, you act as the data controller and FlareCRM as your data processor. You are solely responsible for ensuring compliance with applicable data protection laws.

6.3 The parties shall enter into a Data Processing Agreement (DPA) as required under Art. 28 GDPR.

§7 Payment Terms

7.1 Subscription fees are billed in advance and are due upon invoice receipt. All fees are exclusive of VAT and applicable taxes.

7.2 We reserve the right to adjust pricing at the beginning of a new contract period. You will be informed of such changes in advance.

7.3 Payment methods accepted include credit card, SEPA, and other options as available via our billing platform.

7.4 Late payments may incur interest charges and administrative fees.

§8 Contract Duration and Termination

8.1 Contracts run for the agreed subscription term and automatically renew unless terminated with one month’s notice before the renewal date.

8.2 Termination must be submitted in writing or via the FlareCRM platform by an authorized account administrator.

8.3 We reserve the right to suspend or terminate access in the event of breach, non-payment, or abuse.

8.4 Early termination does not entitle you to a refund of pre-paid amounts.

§9 Limitation of Liability

9.1 We are only liable for damages caused by willful misconduct or gross negligence.

9.2 Liability for indirect damages, including loss of profits, data, or business opportunities, is excluded.

9.3 The total liability of FlareCRM is limited to the amount paid by you in the 12 months preceding the incident.

9.4 We are not liable for damages resulting from misuse, user error, or third-party system failures.

§10 Confidentiality

10.1 Both FlareCRM and the Customer mutually agree to treat all business, operational, and technical information exchanged or made accessible in the course of the contractual relationship as strictly confidential. This applies in particular to information that is marked as confidential or should be reasonably understood as confidential based on its content and the context of disclosure.

10.2 This confidentiality obligation does not apply to information that:

  • was already lawfully known to the receiving party prior to disclosure;
  • becomes publicly available through no breach of contract;
  • is lawfully disclosed by a third party not bound by confidentiality;
  • is developed independently by the receiving party without reference to the confidential information;
  • must be disclosed by legal obligation or court order.

10.3 The parties shall ensure that their employees, contractors, and affiliated third parties who are given access to such information are also bound by appropriate confidentiality obligations.

10.4 The confidentiality obligation shall survive termination of the contract for an indefinite period.

§11 Miscellaneous

11.1 If any provision of these Terms is found to be invalid or unenforceable, such provision shall be replaced by a valid one that comes closest to the intended purpose, and the remainder of the Terms shall remain unaffected.

11.2 You may not assign or transfer your contractual rights or obligations without prior written consent from FlareCRM. FlareCRM reserves the right to transfer this Agreement or assign any of its rights and obligations to third parties without prior notice.

11.3 FlareCRM may engage subcontractors and service providers to fulfill its contractual duties, provided they are bound by equivalent confidentiality and data protection obligations.

11.4 All notices under these Terms must be made in writing and may be delivered via email or other electronic means, provided receipt is verifiable.

11.5 These Terms constitute the entire agreement between you and FlareCRM regarding the subject matter herein and supersede any prior or contemporaneous agreements, understandings, or representations.

§12 Governing Law and Jurisdiction

12.1 These Terms shall be governed exclusively by Austrian law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

12.2 The place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be Vienna, Austria, unless mandatory law provides otherwise.

Updates to Our Terms and Conditions

We may update this Terms and Conditions from time to time to reflect changes in technology, legal requirements, or our business operations. When we do, we will update the “Last updated” date at the top of this page and, where appropriate, notify you of changes.

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If you have any questions about this Policy , please contact us.