Terms of Service

The agreement between QOUTPLUS, L.L.C. and its business customers. Please read it before ordering — by paying, you accept it.

1. Scope and Contracting Party

These terms govern every contract between QOUTPLUS, L.L.C., 131 Continental Drive, Suite 305, Newark, DE 19713, USA ("we", "the provider") and the customer. TYCHALOG is a brand of QOUTPLUS, L.L.C. Terms of the customer that conflict with or depart from these terms are not recognised unless we agree to them in writing.

2. Business Customers Only

Our services are directed exclusively at entrepreneurs within the meaning of § 14 BGB, at legal entities under public law and at special funds under public law. They are not offered to consumers. By placing an order the customer confirms they are acting in the exercise of a commercial or independent professional activity. A statutory right of withdrawal for distance contracts therefore does not arise; see our separate withdrawal notice for the treatment of an order nonetheless placed by a consumer.

3. Conclusion of Contract

The presentation of plans on our website is not a binding offer. The customer makes a binding offer by completing the checkout. The contract comes into effect when we confirm the order or begin performance, whichever is earlier.

4. Scope of Services

The services owed are those described in the plan selected at checkout and in any written scope agreed with it. Design and technical implementation are at our discretion within that scope. We may use subcontractors; we remain responsible for their performance.

5. Customer's Duties to Cooperate

The customer supplies the content, images, logos, texts and access credentials required, on time and in a usable form, and holds the rights to them. Delays caused by missing material extend our deadlines accordingly. The customer indemnifies us against third-party claims arising from material they supplied.

6. Prices and Payment

All prices are net and exclude value added tax. QOUTPLUS, L.L.C. holds no VAT registration in the European Union; for business customers within the EU the reverse-charge procedure applies and the recipient accounts for the tax. Payment is processed by Stripe. Setup fees are due on conclusion of the contract; recurring fees are due monthly in advance.

7. Term and Minimum Commitment

Subscription plans run for the minimum commitment period stated on the plan at the time of purchase and shown again on the payment page. Unless terminated, the contract renews automatically by one month at a time. One-off plans paid in advance cover twelve months and do not renew automatically.

8. Early Termination Fee

If the customer terminates before the minimum commitment period ends, an early-termination fee becomes due. The amount is the figure stated for the selected plan on our pricing page at the time of purchase, reduced once the customer is past the half-way point of the term, and waived in full once 70% of the term has elapsed — from that point the customer may terminate at any time at no charge. The fee compensates the setup and hosting work already committed on the customer's behalf; the customer is free to prove that no loss, or a materially smaller loss, was incurred.

9. Termination

After the minimum commitment period, either party may terminate with 30 days' notice to the end of a month. The right to terminate for good cause remains unaffected. Termination must be in text form (email is sufficient).

10. Acceptance

On completion we notify the customer that the work is ready for acceptance. The customer inspects it and either accepts it or specifies defects in text form within 14 days. If no response is given within that period, the work is deemed accepted. Use of the work in live operation also constitutes acceptance.

11. Rights of Use

On full payment the customer receives a simple, non-exclusive, unlimited right to use the delivered work for its own business purposes. Rights to underlying frameworks, libraries and reusable components remain with us or their respective licensors. Where a plan expressly transfers ownership, that transfer takes effect only on payment in full.

12. Warranty

We warrant that the work conforms to the agreed scope. The customer must report defects in text form without undue delay. We are entitled to remedy defects; only if remedy fails twice may the customer reduce the fee or withdraw. The limitation period for defect claims is twelve months from acceptance.

13. Limitation of Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and where liability is mandatory by law. For simple negligence we are liable only where a material contractual obligation is breached, and then limited to the foreseeable damage typical of this type of contract, capped at the fees paid in the twelve months preceding the event. Liability for loss of data is limited to the cost of restoration from properly maintained backups. Liability for indirect and consequential damages and for lost profit is excluded.

14. Confidentiality and Data Protection

Both parties keep confidential all business information received from the other. Personal data is processed as set out in our Privacy Policy. Where we process personal data on the customer's behalf, a separate data processing agreement applies.

15. Changes to These Terms

We may amend these terms with effect for the future. Customers will be notified in text form at least 30 days before the change takes effect. If the customer does not object within that period, the change is deemed accepted; we will point this out in the notice. If the customer objects, either party may terminate at the date the change takes effect.

16. Governing Law and Jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For contracts with merchants, legal entities under public law and special funds under public law, the exclusive place of jurisdiction is the registered office of the provider. We remain entitled to bring proceedings at the customer's general place of jurisdiction.

17. Severability

Should any provision be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the valid provision that comes closest to its commercial purpose.