1. Definitions
1.1 "Quantum Billing", "we", "us" and "our" mean Quantum Billing, Inc., a company incorporated in Delaware.
1.2 "You" means the person or entity that accesses the Service, or that is observed accessing it, or that is likely to have accessed it.
1.3 "Service" means the billing platform, the customer portal, the API, and any invoice, receipt or plan that is generated by or adjacent to them.
1.4 "Observation" means any act of viewing, loading, hovering, refreshing, screenshotting, or considering a bill.
1.5 "Entitlements" means the features, limits and rights associated with your plan, as of the most recent Observation.
2. Acceptance
2.1 By using the Service you agree to these Terms. If you do not agree, you may stop using the Service, and these Terms will continue to apply to you as a person who did not agree.
2.2 We may modify these Terms at any time. We will notify you of material changes by email.
2.3 Your continued use of the Service after a change constitutes acceptance of that change, and of every earlier change, and of changes that have not yet been drafted.
2.4 You represent that you are at least 18 years of age and have authority to bind your organization, or an organization.
3. Observation
3.1 You acknowledge that the Service is governed by the observer effect. Prices, plans, Entitlements, invoices and these Terms may change as a result of any Observation.
3.2 Changes resulting from an Observation take effect immediately.
3.3 You may not avoid Observation. We may not avoid it either. Neither party shall be liable for outcomes that were unobserved, or for outcomes that were observed by the other party first.
3.4 Screenshots of the Service are provided for convenience and do not constitute evidence of anything, including the Service.
4. Fees
4.1 You agree to pay all fees associated with your plan. Fees are billed monthly in advance.
4.2 The amount of any fee is determined at the moment it is observed. Fees stated elsewhere on the Service are illustrative, aspirational, or both.
4.3 Late payments accrue interest at 1.5% per month.
4.4 Refunds are issued within 30 days of a written request, in a currency of our choosing.
4.5 All fees are exclusive of taxes, except where inclusive, and except where taxes were not applicable at the time of the invoice but later became so.
5. Cancellation
5.1 You may cancel your subscription at any time by using the Cancel button in the customer portal.
5.2 Cancellation takes effect at the end of your current billing period, which is 30 days.
5.3 We may suspend or terminate your account for any reason, or for none, or for a reason that you will later be shown not to have had.
5.4 Sections that by their nature should survive termination shall survive termination. Sections that did not survive may be restored upon observation.
6. Liability
6.1 THE SERVICE IS PROVIDED "AS IS" AND "AS WAS" AND "AS MIGHT BE". WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR SUPERPOSED.
6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE FEES YOU PAID IN THE PRECEDING 12 MONTHS.
6.3 We are not liable for any loss arising from a bill that was different when you looked at it, because that is how the Service works and you were told in Section 3.
6.4 Nothing in these Terms limits liability that cannot be limited. We have checked whether any such liability exists and the answer was both.
7. Governing Law
7.1 These Terms are governed by the laws of Delaware, without regard to conflict of laws principles.
7.2 Any dispute shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware.
7.3 You and Quantum Billing agree to resolve disputes through binding individual arbitration. You waive any right to participate in a class action, or in a class of one.
7.4 If any provision is found unenforceable, it will be severed, and then un-severed if that is more convenient.
8. Privacy
8.1 We collect only the information necessary to operate the Service.
8.2 We do not sell your personal information.
8.3 You can request deletion of your data at any time. We will delete it within 30 days. Data that has been deleted but observed may continue to exist in the state in which it was observed.
8.4 We use cookies to remember you. We use other things to remember you more.
8.5 For privacy requests, contact our Data Protection Officer, who is Marlowe Keane. The DPO is also an observer of your data, in a purely protective capacity.
9. General
9.1 These Terms are the entire agreement between you and Quantum Billing regarding the Service, until the next version.
9.2 You may not assign these Terms. We may assign them to any entity, including one that does not exist.
9.3 Notices to you will be sent to the email address on your account, or the one you will have had.