Last updated: July 16th, 2026
These Terms and Conditions apply automatically to all of our Quotations and offers, and they form an integral part of every Quotation or offer. Deviations from these Terms and Conditions are only binding if they have been recorded in writing and approved in advance by both parties.
These Terms and Conditions apply to the access to and use of the qBud Software and Services by you, your clients, and the Users. By creating an account on the qBud platform, or by using the qBud Software or Services, you, your clients, and the Users accept these Terms and Conditions and the Privacy Statement. This acceptance applies without reservation to demos, free trial accounts, Services, and all subscriptions relating to the qBud Software.
Where the qBud Software makes use of services and software of third parties, the standard (license) terms of those third parties apply in addition to qBud's Terms and Conditions. We accept no liability whatsoever for the services of these third parties. You are expected to accept the applicable standard (license) terms of these third parties. Upon your request, we can send you these terms.
We grant you and the Users access to the qBud Software, on the condition that there is no payment arrears and that you and the Users comply with these Terms and Conditions at all times.
We will use reasonable efforts to make the qBud Software available 24/7 and to safeguard access to the stored Data, subject to announced maintenance (downtime) and situations of force majeure. However, we give no guarantee whatsoever regarding the continuous availability of the qBud Software.
For certain subscriptions a Service Level Agreement (SLA) may be agreed. Such an SLA will, where applicable, be provided to you with the Quotation.
Our support and service staff are ready to assist you as well as possible with questions or problems that arise when using the qBud Software or the Services. Where additional functionalities have been developed for you through our Services, these will be recorded in writing in the binding Quotation.
We support the most recent versions of the following web browsers: Firefox, Chrome, and Safari.
Where we foresee that the qBud Software will be temporarily unavailable due to, for example, a malfunction, maintenance, modification, or improvement, we will, save for force majeure, notify you at least five days in advance by email. In situations of force majeure, we will endeavor to make the qBud Software and the Data accessible and available again as soon as possible (see Article 13 regarding force majeure).
We will use reasonable efforts to keep the availability of the qBud Software as high as possible during office hours within the CET time zone. If a special Service Level Agreement (SLA) has been agreed in the Quotation, the availability arrangements recorded therein apply.
qBud is not obliged to make backups of the Data available to you or the Users, unless there is substantial data loss and only insofar as qBud holds the backups. The assessment of whether there is substantial data loss rests with qBud. We reserve the right to charge costs for making a backup of Data available.
We regularly release updates to fix known errors and to implement minor improvements in the operation of the qBud Software. In addition, new versions of the qBud Software are released from time to time to implement new functionalities. Where an update, modification, or new version leads to a material change in functionality, we will endeavor to inform you of this in good time. If you do not install our updates or new versions for any reason whatsoever, we are not liable for any errors or limitations in your access to or use of the qBud Software resulting from this. Nor are we obliged to retain, modify, or add specific features or functionalities of the qBud Software.
Unless your account or your access to the qBud Software is terminated by us in the interim in accordance with these Terms and Conditions, you have access to the qBud Software during the subscription period and the term you have chosen. After this period, your access or account is automatically and tacitly renewed for the same duration as the originally chosen subscription.
If you do not wish to renew your subscription, and therefore your access to your qBud account, you must cancel the qBud subscription yourself. You can do so by sending an email with your company details and the reason for cancellation to [email protected]. As soon as we have received this email, your cancellation is officially submitted and we will confirm it within 5 working days. With this you terminate the agreement as concluded, as of the end date of the current term. Cancellations via other channels cannot be processed for privacy reasons. If your account or access has already been renewed for an indefinite period, your cancellation takes effect immediately upon receipt, as of the next renewal date.
If you have taken out a fixed-term subscription for access to the qBud Software and Services, you cannot cancel in the interim.
If you have received a Quotation with an offer for access to and use of the qBud Software and the provision of Services, it will also state the duration of your access and use. The offer in the Quotation remains valid for 30 days after the date of the Quotation.
We reserve the right to unilaterally terminate your subscription without notice period if we are of the opinion that the collaboration no longer meets our expectations. In that case, qBud will inform you in writing before the termination takes place.
In order to be able to prepare an accurate and appropriate quotation for you, it is necessary that we have correct and complete information from your side. We kindly request that you provide us with the correct data required to issue an accurate quotation. You can find this information on the main page under the heading "pay as you go."
If, at any time, you wish to make changes to this provided information, you must take into account that this may have consequences for the offer we have issued.
In the event that we should unexpectedly make an obvious error in the quotation, we reserve the right not to be bound by that quotation. We rely on your understanding in such situations.
The fee for qBud's services is calculated on the basis of a fixed monthly or annual rate, supplemented by variable costs depending on the number of conversations or qredits you purchase or have purchased.
All prices and amounts are stated by us in Euros and are exclusive of VAT, unless indicated otherwise. Payment must be made without any deduction, set-off, or suspension on account of an alleged or actual shortcoming.
qBud reserves the right to increase all agreed prices annually, as of 1 January, by a maximum of 10%, without us being obliged to offer you the opportunity to cancel the agreement in advance.
If our regular credit check shows that you have an increased risk profile, qBud will inform you of this in writing and a (full) prepayment of the agreed fee may be required.
We use electronic invoicing, which means that our invoices are sent digitally and processed automatically. You are responsible for the accuracy of the bank details you provide, including the account number and the account holder's name.
Unless expressly agreed otherwise in the Quotation, payment for your account and use takes place in advance of the month or year by direct debit. You must pay within the term agreed in the Quotation, but no later than within 14 days. For all alternative payment methods, qBud is entitled to charge administration costs per transaction.
By providing your payment details, being the account number and the account holder's name, and by confirming the direct debit, you authorize (a) qBud B.V. and Stripe, our payment service provider, to give instructions to your bank to debit your account, and (b) your bank to debit your account in accordance with these instructions. The instructions that qBud B.V. and Stripe provide to your bank are in accordance with qBud's payment terms as set out in these Terms and Conditions.
If the direct debit fails, you are automatically notified. In that case, qBud will again attempt to collect the amount due by direct debit. If the direct debit fails two or more times within the term of the Quotation or your subscription, you will receive an invoice from qBud requesting you to pay the amounts due within 14 (fourteen) days of the invoice date by bank transfer. In addition to the amounts already due, administration costs of € 50 (fifty Euros) excluding VAT are then also charged.
If you do not pay within the stated term, you are automatically in default and qBud is entitled to charge you the statutory interest for commercial transactions. This interest is calculated from the due date of the invoice until the day on which the full invoice has been paid.
qBud is entitled to recover from you all reasonable costs, including extrajudicial collection costs, where you fail to comply with one or more obligations, or fail to do so on time or correctly. The extrajudicial costs amount to at least 15% of the invoice amount, with a minimum of € 100.
Complaints or comments about invoices must be submitted in writing by email via [email protected] within a period of 7 calendar days of the invoice date. After the expiry of this period, you are deemed to have accepted the invoice. A complaint does not affect the payment obligation for the undisputed part of the invoice.
By "Confidential Information" we mean all data provided or made available by the disclosing party to the receiving party, whether orally or in writing, relating to the preparation or performance of the Quotation or Services. This includes, among other things, financial, commercial, and technical information, financial results, analyses and projections, customer and prospect lists, trade secrets, and other business data.
The receiving party is obliged to keep the Confidential Information strictly secret and not to share it with third parties. This information may be used solely for the performance of the Quotation or the Services.
Both parties undertake to also impose the confidentiality obligations referred to in this article on their staff and on third parties involved in the performance of their contractual obligations.
All intellectual property rights relating to (i) the qBud Software, Confidential Information of qBud, software, analyses, designs, advice, reports, quotations, and all preparatory material thereof (hereinafter collectively referred to as "the Materials"), and (ii) the Materials arising from our Services, rest exclusively with qBud or our licensors.
We hereby grant you a non-exclusive and non-transferable right to use the qBud Software, solely in accordance with these Terms and Conditions. The right of use expressly does not include access to or use of the source code of the qBud Software.
The data you provide remains your property, including any intellectual property rights thereto.
You are not permitted to remove or modify any notice relating to intellectual property rights from the Materials. This also includes notices concerning the confidential nature and secrecy of the Materials.
qBud is entitled to take technical measures to protect the Materials. If qBud has secured the Materials by means of technical protection, you are not permitted to remove or circumvent this protection.
We consider any form of use, reproduction, or disclosure of the Materials that falls outside the scope of these Terms and Conditions to be an infringement of our intellectual property rights. In the event of such an infringement, you owe qBud an immediately payable penalty, not subject to judicial mitigation, of € 10,000 per infringing act. This penalty is increased by an amount of € 500 for each day that the infringement continues. qBud also reserves the right to submit a claim for compensation of the damage actually suffered as a result of the infringement, or to take other legal measures to bring the infringement to an end.
At qBud, we attach great importance to privacy, as set out in our Privacy Statement. We are solely responsible for the processing of personal data of visitors to our website and for the personal data we process in connection with your use of the qBud Software. We bear no responsibility for the processing of personal data of your clients and users; it is your responsibility to inform these parties in accordance with privacy legislation.
You must take into account yourself that third parties, as referred to in Article 1, may process personal data. It is up to you to investigate these processings of personal data. We accept no liability for the processing of personal data by these third parties.
We strive to perform our Services and Quotations with the greatest possible care and to ensure your satisfaction.
All arrangements between the parties qualify as an obligation of best efforts, unless a result is expressly agreed in the Quotation. Such a result must be recorded in writing with sufficient determinability.
We reserve the right to engage third parties in the performance of our Services and in making the qBud Software available.
If, at your request or with your consent, we carry out work that falls outside the arrangements made in our Quotation, the hours and costs incurred for this will be charged to you. However, we are never obliged to comply with such a request.
If we are unable to meet our agreed deadlines due to work carried out at your request or with your consent and not included in our Quotation, we expect your understanding for this situation. Additional work during the performance of the Quotation does not constitute a valid reason for you to cancel or dissolve the Quotation.
The deadlines agreed in the Quotation for the delivery of the results of qBud's Services should not be regarded as strict deadlines.
We warrant that we are the owner of the qBud Software or that we have obtained valid permission from our suppliers and licensors to grant access to and use of the qBud Software to the Users.
We warrant that the qBud Software is free of viruses, backdoors, logic bombs, or other malicious elements.
Despite having developed the qBud Software with the greatest possible care, we unfortunately cannot guarantee that it will be available or will function at all times without interruption, errors, or defects, nor that the information we provide is always complete, correct, and up to date. You are only entitled to the availability recorded in a Service Level Agreement (SLA) if an SLA has been agreed with you in the Quotation.
If you are not satisfied with the quality of the Services, we request that you inform us of this in writing as soon as possible, indicating as precisely as possible what you believe went wrong. We will handle your complaint and, if we agree with your findings, our sole compensation will be to re-deliver to you, free of charge, the relevant part of the Services that was not properly delivered.
qBud is not the owner of data, information, or materials that are sent or used by you or by your users via the qBud Software. In accordance with the conditions of access, you and your users are responsible for your data, including the accuracy, quality, integrity, legality, reliability, suitability, and any infringement of third-party intellectual property rights with respect to the data entered.
In the event that a third party brings a legal claim alleging that the qBud Software infringes an intellectual property right of that third party, we will indemnify you against this claim. However, it is required that you immediately inform qBud in writing of the existence and content of this claim, and leave the handling of the matter entirely to qBud. You must provide qBud with the necessary powers of attorney, information, and cooperation to defend against these claims.
The obligation to indemnify, as described above, lapses if the alleged infringement relates to:
In the event of force majeure, the availability of the qBud Software and Services may be affected (see Article 3). In a force majeure situation, the uptime of the Services cannot be guaranteed, not even under a Service Level Agreement (SLA). During force majeure, qBud is entitled to suspend its obligations for as long as the force majeure continues. The force majeure does not, however, suspend your obligations towards qBud.
Force majeure is defined as any circumstance beyond qBud's control that temporarily or permanently prevents the performance of the Quotation or access to your account or the qBud Software. These circumstances do not fall under qBud's responsibility by law or according to standards of reasonableness and fairness. Examples of force majeure are:
qBud will use reasonable efforts to inform you of the force majeure situation as soon as reasonably possible.
If we have already partially fulfilled our obligations under the Quotation, we reserve the right to send you partial invoices for this. If the force majeure situation continues for longer than three (3) months, both parties have the right to terminate the agreement in the interim without observing any notice periods.
We are never liable for damage, unless our qBud Software or Services have directly caused you direct damage.
By direct damage we mean solely the material damage that is the direct result of an attributable shortcoming or an unlawful act on our part. Direct damage includes the following costs:
If we prove to be liable for damage, our liability is limited to the amount covered by our liability insurance, increased by qBud's own risk (deductible). In the event that the insurer does not pay out or the damage is not covered by the insurance, our liability is limited to a maximum of 50% of the invoice value of the specific part of the Quotation to which the liability relates.
We are never liable for indirect damage, such as, but not limited to, business interruption, lost profit, loss of business data, consequential damage, or missed savings.
In the event of intent or gross negligence on our part, the financial limitations of our liability mentioned above do not apply.
Exclusion of liability: The parties exclude liability in the following situations in which damage may arise:
If you wish to hold us liable for the failure to (adequately) comply with arrangements as set out in the Quotation, you must first give us written notice of default and offer us a reasonable period in which we can attempt to still perform the arrangements not, or not timely, or not correctly complied with. You must hold us liable within twelve (12) months of the occurrence of the event from which the alleged damage or non-compliance arose.
qBud reserves the right to terminate the subscription with immediate effect and without any notice period, without being obliged to pay any compensation, if one of the following situations occurs:
In the event that qBud proceeds to termination, you remain obliged to comply with your (payment) obligations arising from the subscription or the Quotation. Furthermore, qBud is entitled to claim the following amounts from you:
qBud reserves the right at all times to amend these Terms and Conditions and to publish a new version.
The changes apply to all previously concluded Quotations. A period of 30 (thirty) days is observed before such changes take effect. This period starts from the moment the change to the Terms and Conditions is announced on qBud's website or from the moment you are informed about it by email.
Changes in the direct or indirect control of qBud, as well as changes in the name or legal form of qBud, do not constitute grounds for cancellation or dissolution of the agreement.
All legal relationships between the parties to which these Terms and Conditions apply are governed exclusively by Dutch law.
For all disputes arising from or connected with the formation or interpretation of the Quotation or agreement between the parties, the Amsterdam District Court (Rechtbank Amsterdam) has exclusive jurisdiction.
These provisions form an integral part of qBud's Terms and Conditions.
To access the qBud Software, it is necessary that you create an account on our platform. After the creation of your digital account, you receive a username and password from us with which you obtain access to the qBud Software.
You are not permitted to make your username and password available to third parties, unless we have given prior written and express permission. You are responsible for all activities that take place under your user account and you must comply with the applicable laws and regulations, as well as our Terms and Conditions.
You are obliged to inform us immediately in writing in the event of unauthorized use of a password or account, or when you suspect that the security of the qBud Software has been breached.
You are not permitted to impersonate another user of the qBud Software or to provide us with incorrect identity details.
It is prohibited to modify, adjust, or redirect the access to or use of the qBud Software in an improper, incorrect, or unauthorized manner, or to cause damage, disruption, or impairment of the qBud Software or the connected network.
You may not send any Data via the qBud Software, nor use the qBud Software for the following purposes:
If, in our opinion, a danger arises for the functioning of the qBud Software, the network of qBud, or that of third parties, in particular due to excessive data traffic, use of poorly secured systems, or activities of viruses, Trojan horses, and comparable software, we reserve the right to take all reasonable measures deemed necessary to prevent or limit this danger. This may include the removal of your account and Data, without any obligation to refund or compensate. qBud accepts no liability for damage that may arise as a result of the removal of your account and data in such circumstances.