These Terms of Use govern access to and use of the website at www.quantetica.com (the “Website”) operated by QUANTETICA OÜ. By accessing or using the Website, you accept these Terms on behalf of the business you represent. If you do not accept them, do not use the Website.
1. WHO WE ARE
1.1. The Website is operated by QUANTETICA OÜ, a private limited company incorporated under the laws of the Republic of Estonia, registry code 17544537, registered office at Narva mnt 7, Kesklinna linnaosa, 10117 Tallinn, Harju maakond, Estonia, email: general@quantetica.com (“QUANTETICA”, “we”, “us” or “our”).
1.2. QUANTETICA is not a credit institution, payment institution, electronic money institution or other payment service provider, and is not licensed or supervised as such by the Estonian Financial Supervision and Resolution Authority or any other financial regulator.
2. BUSINESS USERS ONLY
2.1. The Website and our services are intended exclusively for businesses, including merchants, payment service providers and their authorised representatives, acting in the course of their trade, business or profession. The Website is not directed at consumers.
2.2. By using the Website, you represent that you are at least 18 years old, that you use the Website on behalf of a legal entity or other business, and that you are authorised to accept these Terms on its behalf. In these Terms, “you” means both you and that business.
2.3. Nothing on the Website constitutes an offer capable of acceptance. Any services are provided only under a separate written agreement concluded with QUANTETICA after successful completion of our onboarding, due diligence and risk assessment. We may decline any enquiry or application at our sole discretion and without giving reasons.
3. NATURE OF OUR SERVICES
3.1. QUANTETICA provides technical and information technology services to businesses: payment gateway software, API connectivity, data routing, transaction messaging, tokenisation of payment-related data, authentication support, fraud-screening support, technical dispute-handling support and informational reporting.
3.2. QUANTETICA acts solely as a technical service provider supporting duly licensed third-party payment service providers. Neither QUANTETICA nor any of its technology providers provides payment services, acquiring, issuing of payment instruments, money remittance, payment initiation services, account information services, electronic money services, banking services or any other regulated financial service.
3.3. QUANTETICA does not at any time receive, hold, safeguard, transfer, settle or otherwise control funds of merchants, their customers or any third party. The acceptance, authorisation, execution and settlement of payment transactions rest exclusively with the relevant acquirer, processor, card scheme, bank or other authorised payment service provider. Each client must maintain its own agreements with its acquirer and any other authorised payment service providers, and must hold all licences, approvals and registrations required for its business and payment-acceptance model.
3.4. Descriptions of the services on the Website are general and for information only. The scope, features, availability, service levels and fees of any service are determined solely by the written agreement concluded with QUANTETICA. We may change, suspend or discontinue any service described on the Website at any time.
3.5. You must not describe or present QUANTETICA, or any of its technology providers, to any third party as an acquirer, payment service provider, payment institution, electronic money institution, payment facilitator or merchant of record.
3.6. Our services are provided using technology, infrastructure and services of third-party providers selected by QUANTETICA, which we may replace or change at any time at our discretion. You have no contractual relationship with, and no rights or claims against, any such provider in connection with our services.
4. CLIENT PORTAL
4.1. Access to our client portal, dashboards, API documentation, sandbox and other restricted areas of the Website (the “Client Portal”) is available only to clients who have concluded a written agreement with QUANTETICA and to users authorised by them. Use of the Client Portal is governed by that agreement. In case of conflict between these Terms and that agreement, the agreement prevails. All API documentation, sandbox environments and other technical materials made available through the Client Portal are those of QUANTETICA. Clients do not receive, and must not attempt to obtain, access credentials, dashboards, documentation, software or infrastructure of our technology providers.
4.2. You are responsible for keeping your login credentials, API keys and other access means confidential, for all activity carried out through them, and for notifying us without delay at general@quantetica.com of any actual or suspected unauthorised access.
4.3. We may suspend or revoke access to the Client Portal, or to any credentials, immediately and without prior notice if we reasonably suspect unauthorised access, a security risk, a breach of these Terms or of the relevant agreement, or where required by law or a regulator, or where required or requested by any acquirer, processor, card scheme, bank, technology provider or other partner of QUANTETICA.
5. ACCEPTABLE USE
5.1. You may use the Website only for lawful purposes connected with evaluating, obtaining or using our services. You must not, and must not allow any third party to:
(a) use the Website in breach of any applicable law, regulation, sanctions or card scheme rules, or for fraud, money laundering, terrorist financing or any other unlawful purpose;
(b) submit false, misleading or incomplete information, or impersonate any person or business;
(c) attempt to gain unauthorised access to the Website, the Client Portal, our systems or networks, the systems or infrastructure of our technology providers, or any account or data of another client;
(d) probe, scan or test the vulnerability of the Website or our systems, or circumvent any security or authentication measure, except under a written security testing arrangement with QUANTETICA;
(e) introduce viruses, malware or other harmful code, or carry out denial-of-service or similar attacks;
(f) use robots, scrapers or other automated means to access or collect content or data from the Website without our prior written consent;
(g) copy, modify, decompile, reverse engineer or create derivative works of the Website, our software, our API or any underlying third-party technology, except to the extent such restriction is prohibited by law; or
(h) use the Website or any information obtained from it to build or benchmark a competing product or service.
5.2. We may restrict or block access to the Website, in whole or in part, for any user, IP address or territory at any time and without notice.
6. SANCTIONS AND RESTRICTED TERRITORIES
6.1. We do not provide services to, and the Website must not be used by or for the benefit of, any person or entity that is the target of sanctions or restrictive measures imposed by the European Union, the United Nations Security Council or, where applicable, the United States or the United Kingdom, or that is located, incorporated or ordinarily resident in, or acting on behalf of a person in: (a) a country or territory subject to comprehensive sanctions; (b) a jurisdiction on the FATF list of high-risk jurisdictions subject to a call for action; (c) a jurisdiction on the FATF list of jurisdictions under increased monitoring; or (d) any other territory designated as restricted by us or by our technology or payment partners (together, “Restricted Territories”).
6.2. By using the Website, you represent that neither you nor any of your owners, directors or authorised representatives is a sanctioned person or located in a Restricted Territory. We may request information to verify this and may refuse or terminate any enquiry, application or access without liability.
7. INTELLECTUAL PROPERTY
7.1. The Website and all its content, including text, graphics, logos, trade names, trademarks, software, API specifications, documentation, designs, look and feel and the selection and arrangement of content, are owned by or licensed to QUANTETICA and are protected by intellectual property laws.
7.2. We grant you a limited, non-exclusive, non-transferable, revocable right to access and view the Website for the purposes set out in clause 5.1. You may print or download reasonable extracts for internal business use, provided that you keep all proprietary notices intact. No other right or licence is granted, whether expressly, by implication or otherwise.
7.3. You must not use the QUANTETICA name, logo or other trademarks, or state or imply any partnership, endorsement or business relationship with QUANTETICA, without our prior written consent.
7.4. If you send us any suggestions, ideas or feedback about the Website or our services, we may use them freely and without any obligation or compensation to you.
8. WEBSITE CONTENT
8.1. Content on the Website is provided for general information only. It does not constitute legal, regulatory, tax, financial or other professional advice, and does not constitute an offer, a binding commitment or a representation that any service is suitable for your business or is available in your jurisdiction.
8.2. Although we take reasonable care to keep the Website accurate and up to date, we do not guarantee that its content is complete, accurate or current, and we may change it at any time without notice. You should not rely on any content of the Website when making business decisions without independent verification.
8.3. Any statements about compatibility with acquirers, processors, card schemes, payment methods or integrations are indicative only and depend on third parties outside our control.
9. THIRD-PARTY LINKS
9.1. The Website may contain links to websites, resources or services of third parties, including payment service providers and card schemes. Such links are provided for convenience only. We do not control, endorse or accept responsibility for the content, availability, security or privacy practices of any third-party website, and your use of it is subject to that third party’s terms.
10. DISCLAIMER OF WARRANTIES
10.1. The Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we exclude all warranties, conditions and representations, whether express or implied, including as to quality, fitness for a particular purpose, accuracy, non-infringement and uninterrupted, timely, secure or error-free operation.
10.2. We do not warrant that the Website or any content downloaded from it is free of viruses or other harmful components. You are responsible for using appropriate security measures and anti-virus software.
11. LIMITATION OF LIABILITY
11.1. Nothing in these Terms limits or excludes liability for intentional breach, fraud, death or personal injury caused by negligence, or any other liability that cannot be limited or excluded under applicable law.
11.2. Subject to clause 11.1, QUANTETICA shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: (a) loss of profit, revenue, business, contracts or anticipated savings; (b) loss of goodwill or reputation; (c) loss or corruption of data; or (d) indirect or consequential loss, in each case arising from or in connection with the Website or its content, even if foreseeable.
11.3. Subject to clause 11.1, QUANTETICA’s total aggregate liability arising from or in connection with the Website and these Terms shall not exceed EUR 100.00.
11.4. Subject to clause 11.1, QUANTETICA shall not be liable for any act, omission, delay, failure, refusal, suspension, outage, error or decision of any acquirer, processor, issuer, card scheme, bank, payment service provider, technology provider or other third party.
11.5. Our liability in connection with the services we provide under a written agreement is governed exclusively by that agreement and not by these Terms.
12. INDEMNITY
12.1. You shall indemnify and hold harmless QUANTETICA, its affiliates, directors, officers, employees and contractors against all claims, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising from or in connection with your breach of these Terms, your unlawful use of the Website, or any information you submit through it.
13. PRIVACY AND COOKIES
13.1. We process personal data of the representatives of businesses that use the Website in accordance with our Privacy Notice, and our use of cookies and similar technologies is described in our Cookie Policy. Personal data processed on behalf of our clients in the course of the services is governed by the data processing terms of the relevant agreement.
13.2. You must ensure that any personal data you submit through the Website, including data of your employees or representatives, is provided lawfully and that the relevant individuals have been informed of its disclosure to us.
14. CHANGES TO THE WEBSITE AND THESE TERMS
14.1. We may update these Terms at any time by publishing a revised version on the Website with a new “Last updated” date. The revised Terms apply from the moment of publication. Your continued use of the Website after that constitutes acceptance of the revised Terms.
14.2. We may modify, suspend or discontinue the Website, or any part of it, at any time without notice and without liability.
15. GOVERNING LAW AND JURISDICTION
15.1. These Terms and any dispute or claim, including non-contractual disputes or claims, arising out of or in connection with them or the Website are governed by the laws of the Republic of Estonia, excluding its conflict-of-laws rules.
15.2. Any such dispute shall be resolved exclusively by the Harju County Court (Harju Maakohus) in Tallinn, Estonia. QUANTETICA may nevertheless bring proceedings against you in the courts of the country of your seat or of any other competent jurisdiction.
16. GENERAL
16.1. If any provision of these Terms is held invalid or unenforceable, it shall be limited to the minimum extent necessary and the remaining provisions shall remain in full force.
16.2. Our failure or delay in enforcing any provision of these Terms is not a waiver of our rights.
16.3. You may not assign or transfer your rights or obligations under these Terms. We may assign or transfer our rights and obligations to any third party.
16.4. These Terms are drawn up in English. Any translation is provided for convenience only, and the English version prevails in case of discrepancy.
17. CONTACT
Questions about these Terms or the Website may be sent to QUANTETICA OÜ, Narva mnt 7, Kesklinna linnaosa, 10117 Tallinn, Harju maakond, Estonia, or by email to general@quantetica.com.