These Terms of Service (“Terms”) govern your access to and use of qbrix (the “Services”), operated by Optiq B.V. (trading as qbrix, “Optiq”, “we”, “us”), a company registered in the Netherlands (KvK 99498707) at Zeearend 25, 3435 HA Nieuwegein. By creating an account or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you are authorized to bind that organization.
1. The Services
qbrix is a managed, API-first decisioning service that uses multi-armed bandit and related algorithms to make real-time decisions and allocate traffic on your behalf, together with a web console and software development kits. The Services are provided as a hosted cloud service; they are not sold as self-hosted software.
2. Accounts and API keys
You must provide accurate account information and keep it up to date. You are responsible for all activity under your account and for keeping your credentials and API keys confidential. You must notify us promptly of any unauthorized use. You are responsible for your users and for ensuring they comply with these Terms.
3. Acceptable use
You agree that you will not, and will not permit anyone to:
- Reverse engineer, decompile, disassemble, scrape, or attempt to extract the source code, models, parameters, or algorithms of the Services.
- Resell, sublicense, rent, lease, or otherwise make the Services available to any third party except as expressly permitted, or share, sell, or transfer your API keys or account credentials.
- Circumvent, disable, or attempt to exceed rate limits, usage quotas, or usage-based billing, or otherwise manipulate metered usage.
- Use the Services to make automated decisions about individuals in violation of applicable law, including unlawful discrimination or decisions producing legal or similarly significant effects without an appropriate legal basis (for example, GDPR Article 22).
- Use the Services for high-risk or regulated decision-making — including credit, employment, housing, insurance, or healthcare eligibility — without implementing your own legal safeguards and human oversight.
- Submit to the Services any data you do not have the right to process, or any special-category or sensitive personal data without a lawful basis.
- Interfere with, overload, disrupt, or attempt to gain unauthorized access to the Services, our infrastructure, or other users’ data.
- Use the Services to develop a competing product or service, or to benchmark the Services for competitive purposes.
- Use the Services to transmit malware or to engage in unlawful, fraudulent, infringing, or deceptive activity.
4. Automated decisioning; no performance guarantee
The Services use multi-armed bandit and other statistical algorithms to make automated, probabilistic decisions and to allocate traffic on your behalf. The Services are provided on an “as is” and “as available” basis. We do not warrant or guarantee any specific outcome, level of performance, conversion uplift, accuracy, or business result arising from your use of the Services. You are solely responsible for how you use the decisions and outputs produced by the Services, including evaluating their suitability for your purpose, implementing appropriate human oversight, and ensuring that your use complies with all laws applicable to you. We do not provide any uptime or service-level commitment at this time, and we may modify, suspend, or discontinue the Services or any part of them at any time.
5. Plans, billing, and payment
Paid plans are billed through our payment processor, Stripe, by credit or debit card. Fees may include a recurring subscription fee and usage-based charges based on your use of the Services (such as the number of selections). Unless stated otherwise, fees are stated exclusive of VAT and other applicable taxes, which you are responsible for paying.
Subscriptions renew automatically for successive periods unless cancelled before the end of the then-current period. You can cancel at any time, effective at the end of the current billing period. Except where required by applicable (including Dutch and EU consumer) law, fees already paid are non-refundable and amounts are non-cancellable for the current period. We may change our fees on reasonable notice, effective from your next billing period.
6. Your data and privacy
Our handling of personal data is described in our Privacy Policy. You retain ownership of the data you submit to the Services (“Customer Data”), and you grant us a license to host, process, and transmit Customer Data as needed to provide the Services. Where we process personal data within Customer Data on your behalf, we do so as your processor under our Data Processing Agreement. You are responsible for having the necessary rights and legal basis to send Customer Data to the Services.
7. Intellectual property
The Services, including all software, models, and content we provide (excluding Customer Data and our open-source SDKs, which are licensed separately), are owned by Optiq and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Services during the term, subject to these Terms. We may use aggregated and anonymized data that does not identify you or any individual to operate and improve the Services.
8. Confidentiality
Each party may receive non-public information from the other. The receiving party will use it only to perform under these Terms and will protect it with reasonable care, except where disclosure is required by law.
9. Warranties and disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. See also Section 4 above.
10. Limitation of liability
To the maximum extent permitted by law, and except as stated below, our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the total fees you paid to us for the Services in the six (6) months immediately preceding the event giving rise to the claim. Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for intent (opzet) or deliberate recklessness (bewuste roekeloosheid), or for death or personal injury caused by negligence.
11. Indemnification
You will defend and indemnify Optiq against claims, damages, and costs arising from your Customer Data, your use of the Services in breach of these Terms, or your violation of law or third-party rights.
12. Term and termination
These Terms apply while you use the Services. You may stop using the Services and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Services in a way that poses a security, legal, or operational risk. On termination, your right to use the Services ends; sections that by their nature should survive (including payment, IP, disclaimers, liability, and governing law) will survive.
13. Changes to these Terms
We may update these Terms from time to time. For material changes we will provide reasonable notice (for example by email or in the console). Your continued use of the Services after the changes take effect constitutes acceptance.
14. Governing law and disputes
These Terms are governed by the laws of the Netherlands, without regard to its conflict-of-law rules. Before bringing a claim, the parties will first attempt in good faith to resolve the dispute informally by contacting each other and allowing at least 30 days to reach a resolution. Any dispute that cannot be resolved informally will be submitted to the exclusive jurisdiction of the competent court of the Rechtbank Midden-Nederland, unless mandatory law requires otherwise.
15. General
These Terms, together with the Privacy Policy and any DPA or order form, are the entire agreement between you and Optiq regarding the Services. If any provision is found unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our consent. Our failure to enforce a provision is not a waiver. Neither party is liable for delays or failures caused by events beyond its reasonable control.
16. Contact
Questions about these Terms can be sent to info@optiqio.com, or by post to Optiq B.V., Zeearend 25, 3435 HA Nieuwegein, the Netherlands.