Terms of Service

CIQRA OÜ · Version 2.6 · Last updated: 4 November 2026

NOTICE FOR MERCHANTS ESTABLISHED IN THE UNITED STATES: SECTION 15.5 CONTAINS A BINDING AGREEMENT TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. YOU MAY OPT OUT WITHIN 30 DAYS AS EXPLAINED IN SECTION 15.5(d). SECTIONS 10, 11 AND 12 LIMIT CIQRA'S LIABILITY AND REQUIRE YOU TO INDEMNIFY CIQRA.

Effective date for existing customers: the changes in this version take effect, for a customer who accepted an earlier version, on the date stated in CIQRA's notice of this version, at least 30 days after the notice (Section 14.2); until then the earlier version applies to that customer. A customer that objects may terminate without charge before that date (Section 14.3). A new customer accepts this version when it signs up (Section 14.4).

These Terms of Service are entered into with CIQRA OÜ, a private limited company registered in Estonia under registry code 16465907, with its registered address at Veskiposti tn 2, 10138 Tallinn, Harju maakond, Estonia ("CIQRA", "we", "us", "our").

1. Scope and structure

1.1 Scope. These Terms govern access to and use of the CIQRA platform, including CIQRA's websites (including ciqra.com), the merchant dashboard, storefront and website hosting, application programming interfaces (APIs), and all related software, features and services (together, the "Services").

1.2 Product lines. The Services are offered in two product lines: CIQRA Sites, for content websites, and CIQRA Commerce, for online stores. The plans available in each product line, their features and their limits are described on CIQRA's pricing page or in an Order Form.

1.3 Who these Terms apply to.

Merchants — businesses, and their authorised users, that hold a CIQRA account and operate one or more websites or online stores on the Services (each a "Storefront"). Merchants are also bound by the Merchant Agreement and, where they process personal data through the Services, by the Data Processing Agreement.
Shoppers — individuals who visit or buy from a Merchant's Storefront. A Shopper who buys from a Storefront contracts with the Merchant, not with CIQRA (see Section 4).

1.4 CIQRA is not the seller. Except for CIQRA's own subscription and platform services sold to Merchants, CIQRA does not sell, and is not the merchant of record for, any goods or services offered on a Storefront. Each sale on a Storefront is concluded directly between the Shopper and the Merchant.

1.5 Order of precedence. If documents conflict, the following order applies, highest first:

an order form or master services agreement signed by CIQRA and the Merchant (an "Order Form"), on the matters it expressly covers, and a scope sheet accepted for a Paid Service under Section 3.8, on that service;
the Data Processing Agreement, on the processing of personal data;
the Merchant Agreement and the Payment Terms, on merchant, fee and payment matters;
these Terms;
the policies incorporated under Section 1.6.

Mandatory consumer-protection and data-protection law prevails over any conflicting contractual term. Where a Merchant uses CIQRA Pay, the Stripe agreements govern the payment relationship between the Merchant and Stripe as described in the Merchant Agreement. The Beta and Preview Features Terms rank above these Terms on the matters stated in their Section 1.4.

1.6 Incorporated policies. The following form part of these Terms: the Privacy Policy, the Cookie Policy, the Acceptable Use Policy, the Refund, Chargeback and Reserve Policy, the Intellectual Property and Takedown Policy, the AI Features Terms, the Beta and Preview Features Terms, the App and Theme Marketplace Terms, the Domain and Email Services Terms and the Professional and Migration Services Terms, each where you use the service it covers (together, the "Policies"). CIQRA publishes one set of documents for every country in which it offers the Services; country-specific supplements, where they exist, are sections of these documents and not separate contracts. The Partner Programme Terms govern agencies and referral partners that join CIQRA's partner programme.

1.7 Business use only. The Services are offered only to businesses. By opening a Merchant account you confirm that you act for the purposes of your trade, business, craft or profession and not as a consumer, and CIQRA relies on that confirmation. The rules of consumer-protection law that protect consumers therefore do not apply to the contract between you and CIQRA, except where a law makes them mandatory for business customers as well. If you are in the United States, you also confirm that you acquire the Services for business purposes and not primarily for personal, family or household purposes. The rights of Shoppers as consumers against a Merchant are not affected.

1.8 CIQRA OÜ is the only contracting party. Your contract for the Services is with CIQRA OÜ alone, and only CIQRA OÜ sells, quotes and invoices the Services and Paid Services. No agency, reseller, referral partner, app or theme developer, consultant or other third party, including one that helps you set up or run your Storefront, is CIQRA's agent or representative, and none of them can bind CIQRA, make promises or commitments on CIQRA's behalf, vary these Terms, quote CIQRA's prices or collect payments for CIQRA. A statement or commitment made by such a third party binds only that third party. Fees for the Services are payable only to CIQRA OÜ, by the payment methods shown in your dashboard or on CIQRA's invoice.

2. Eligibility, accounts and security

2.1 Merchant eligibility. To open a Merchant account you must be at least 18 years old and either an individual acting for the purposes of your trade, business or profession, or a person authorised to bind the legal entity you register. You must provide accurate identity, business and contact information and keep it up to date. A person who opens or manages a Merchant account for someone else, including an agency, developer or consultant, represents that it is authorised to accept these Terms, including Section 15.5, on that Merchant's behalf, and the Merchant confirms that authority when it first uses the account; where CIQRA provisions an account for a Merchant (for example in a migration), the Merchant accepts these Terms when its account owner first signs in.

2.2 Shopper eligibility. A Shopper must be at least 16 years old to create a Shopper account or to consent to processing of personal data on their own behalf, or the lower age of digital consent that applies in the Shopper's country (in Estonia, 13). Below that age, a Shopper may use a Storefront only with the consent of a holder of parental responsibility. Merchants remain responsible for any age restrictions that apply to their goods or services.

2.3 Accounts. You are responsible for all activity under your account, for keeping your credentials secure and for the acts and omissions of your authorised users. Notify us without delay at info@ciqra.com of any unauthorised use. We may require multi-factor authentication.

2.3a Staff access and credentials. You decide who has access to your account and with which role, including your staff, agencies, freelancers and other partners, and you are responsible for their acts and omissions as for your own. You must use strong, unique passwords, enable multi-factor authentication where the Services offer it, give each person only the access they need and remove access that is no longer needed without delay. You are also responsible for the credentials you enter into the Services for third-party services, such as payment, shipping, marketplace, ERP, accounting, advertising and email-provider keys, tokens and passwords: you must be entitled to use them, keep them valid and limit them to what the integration needs, and you should change them when a person who knew them leaves or when you suspect misuse. CIQRA protects credentials stored in the Services with the security measures described in Annex II of the Data Processing Agreement. CIQRA is not liable for loss or damage caused by the use of your credentials or of access you granted, by a person you gave them to, or after they were disclosed or compromised outside CIQRA's systems, unless the loss was caused by CIQRA's breach of its own security obligations.

2.4 Verification and sanctions. We, and our payment partner Stripe, may verify your identity and business and screen you against sanctions and watch lists. We may refuse, suspend or restrict the Services where verification fails or where required by law. You represent that you and your beneficial owners are not subject to sanctions and are not established or operating in a jurisdiction in which the Services may not lawfully be provided.

2.5 Electronic acceptance and records. You agree to enter into and perform these Terms electronically and to receive notices, invoices and records electronically. You accept these Terms, the documents listed in Sections 1.5 and 1.6 and later versions of them electronically, by ticking the acceptance box at signup, or by selecting a control in the Services that states that you accept these Terms or a later version of them. That acceptance concludes the contract in a format that can be reproduced in writing and has the same effect as a handwritten signature. For each acceptance, CIQRA records the document, its version, a fingerprint (hash) of the exact text accepted, the user, the account on whose behalf the user accepted, the time and, where it has been verified, the network address, and keeps the full text of each accepted version for at least as long as claims under it can be brought. You agree that these electronic records may be used as evidence of the contract and of its content. You can download or print the version in force at any time from its page on ciqra.com.

3. Plans, fees and billing

3.1 Right to use. Subject to these Terms, CIQRA grants you a non-exclusive, non-transferable, revocable right to access and use the Services during your subscription term for the purpose of operating your Storefronts.

3.2 Plans and prices. The Services are offered on paid subscription plans. There is no free plan. With effect from 18 October 2026, the list prices of the self-service plans are as follows. Prices are stated in US dollars (USD), which is the base currency, per month, or per year when you choose annual billing (the equivalent monthly amount is shown in brackets), Section 3.5 explains how taxes apply to them.

Plan	Per month	Per year, billed annually
Site	USD 39.99	USD 395.88 (USD 32.99 per month)
Site Pro	USD 149.99	USD 1,499.88 (USD 124.99 per month)
Shop	USD 59.99	USD 599.88 (USD 49.99 per month)
Shop Advanced	USD 149.99	USD 1,499.88 (USD 124.99 per month)
Shop Premium	USD 699.99	USD 7,199.88 (USD 599.99 per month)

Enterprise CMS (from USD 1,499 per month) and Commerce Enterprise (from USD 1,999 per month) are annual contracts available by agreement with CIQRA's sales team, and their price is the amount stated in your Order Form. CIQRA's prices are set in US dollars. Where CIQRA's pricing page shows an amount in euro, it is derived from the US dollar price and applies when you subscribe in euro; CIQRA charges in no other currency. An Order Form you have accepted prevails over the list prices. List prices may be changed only as set out in Section 3.5(f). Each plan carries its own features and limits; using a feature outside your plan may require an upgrade.

3.3 Billing. The subscription fee for a plan is charged from the start of the subscription, and each renewal period is charged in advance.

3.4 Enterprise plans. Enterprise customers may contract under an Order Form or master services agreement, which may set custom pricing, service levels and data-processing terms and which prevails over these Terms and the Merchant Agreement to the extent of any conflict.

3.5 Fees and taxes.

(a) VAT and other taxes. CIQRA OÜ is not registered for value added tax (VAT). CIQRA therefore does not charge VAT on its fees, and its invoices show no VAT. Where the law of your country requires you, as the recipient, to account for VAT or a similar tax on services received from abroad, you do so. You are responsible for any other taxes, duties and levies that apply to your purchase of the Services, other than taxes on CIQRA's income. You must provide any tax identification number that applies to you and keep it up to date. If CIQRA becomes registered for VAT, it will tell you at least 30 days before it first charges VAT, and Section 3.5(f) applies to that change.

(b) Customers outside Estonia. A customer established outside Estonia subscribes with CIQRA on these Terms in the same way as every other customer. CIQRA does not add the VAT, sales tax or similar tax of the customer's country to its prices; where the law of that country requires the customer to account for such a tax on services received from abroad, the customer does so, as Section 3.5(a) states. CIQRA OÜ is the seller and invoicing party of every subscription, wherever the customer is established, and payment is taken by card through Stripe in the currency shown at checkout.

(d) Auto-renewal. Subscriptions renew automatically for successive periods of the same length unless cancelled before the renewal date. A renewal is charged at the price in force for your plan on the renewal date; a price change applies to a renewal only as set out in Section 3.5(f).

(e) Cancellation. You may cancel at any time. Cancellation takes effect at the end of the current paid period, and you keep access until then. Fees already paid are not refunded pro rata, except as provided in Sections 3.6, 3.7 and 3.8 and except where mandatory law gives you a right of withdrawal or refund.

(f) Price changes. CIQRA may change subscription prices or CIQRA Pay fees on at least 30 days' prior notice. A change takes effect at the start of your next billing period after the notice period ends. If you do not agree, you may cancel before the change takes effect.

(g) Late payment. Overdue amounts accrue interest at the rate provided by Estonian law, and CIQRA may suspend the Services after giving notice of non-payment.

3.6 Changes to the Services. We may add, modify or remove features. Before we remove a feature of your paid plan, lower a limit of your plan, or change a feature in a way that can adversely affect a Storefront that relies on it, we give you at least 30 days' notice by email or in the dashboard, stating the date on which the change takes effect. If you do not accept the change, you may cancel before that date. If a change under this Section removes entirely a paid feature of your plan during a period you have paid for in advance, CIQRA gives you, on request, a credit against future fees for the unused part of that period, in proportion to the remaining time and to the part of the plan price attributable to that feature, which CIQRA states in its notice. A credit is not paid out in cash. If you cancel instead, the part of the period already used and services already delivered are not refunded, and the unused part is refunded pro rata only where mandatory law requires it; the Services are supplied to you as a business, for the purposes of your trade, business or profession. A shorter period applies only where the change is required by law or by a court or authority, results from the withdrawal of a third-party service on which the feature depends, or is needed to address an immediate security or fraud risk; in that case we notify you as soon as we can and state the reason. Additions and improvements need no notice.

3.7 Fair use and usage limits. You must not use the Services, including the APIs, in a way that imposes an unreasonable load, threatens their stability or security, or degrades the service for other Merchants, and you must not circumvent any limit that applies to you. Automated access must use our documented APIs within their published rate limits. Where a limit is stated as a number in your plan, your Order Form or the API documentation, that number applies. Where CIQRA considers your use disproportionate on a dimension for which no number is stated, CIQRA will first tell you in writing what it has observed and give you at least 30 days to discuss or adjust your use before applying any restriction. CIQRA will not charge retrospectively for usage on any dimension that it does not meter for your account. If CIQRA restricts or suspends your Services under this Section and you have paid for a period in advance, CIQRA will refund the unused part of that period pro rata.

3.8 Paid Services. CIQRA may offer work carried out by people for a separate fee, such as store setup, migration, design, or advertising and search-engine optimisation work ("Paid Services"). For each Paid Service, CIQRA gives you a written scope sheet that states what is included and what is not, the deliverables, the price, the timetable, what CIQRA needs from you, how the result is reported and accepted, and the payment, cancellation and refund terms for that service. Work starts only after you have accepted the scope sheet, and a change to the scope applies only once you have accepted the revised scope sheet or change request. A Paid Service is complete when CIQRA has delivered the report described in the scope sheet and you have signed it off; the scope sheet states how a dispute about the report is handled. Fees for a stage of a Paid Service that has started, or has been delivered, under an accepted scope sheet are not refunded, except where mandatory law requires it. For a stage that has not started, the cancellation and refund rule is the one written in the scope sheet, which also states the payment terms. Where a scope sheet names a third party that carries out part of the work, CIQRA remains responsible to you for that work.

4. Storefronts and sales to Shoppers

4.1 The Merchant is the seller. Each Merchant is solely responsible for its Storefront and for its products, prices, descriptions, availability, content, order fulfilment, delivery, returns, warranties and after-sales service, and for all consumer-law, product-safety, labelling, tax and sector-specific obligations relating to its sales. CIQRA provides tools, including tax-calculation and invoicing aids, but does not take over the Merchant's legal obligations.

4.2 No CIQRA liability for Storefront sales. CIQRA is not a party to, and is not liable under, any contract between a Shopper and a Merchant. Claims about products, delivery, refunds or warranties must be made against the Merchant. This does not limit any right a Shopper has against CIQRA under mandatory law.

4.3 Consumer information. Merchants must provide on their Storefronts all information required by applicable consumer law, including their identity and contact details, the total price including taxes and delivery charges, information on the right of withdrawal, complaint handling and legal guarantees.

4.4 Payments. Where a Merchant uses CIQRA Pay, payments are processed by Stripe as direct charges to the Merchant's own Stripe account, as described in the Payment Terms. Where a Merchant connects its own payment provider, that provider's terms govern the payment relationship between the Merchant and the provider.

4.5 Card data. Card details entered through CIQRA Pay checkout are captured directly by Stripe's secure payment fields and are not stored, processed or transmitted by CIQRA's systems.

4.6 Consumer right of withdrawal. Where a Shopper is a consumer in the European Union or European Economic Area, the statutory right to withdraw from a distance contract within 14 days applies to the Merchant's sale, subject to the exceptions provided by law. Merchants must honour at least the statutory minimum and may offer more generous terms. Where a market's mandatory consumer law is stricter, that law applies. Storefronts on CIQRA Commerce provide an online withdrawal function through which a consumer can exercise the right of withdrawal; the Merchant remains responsible for handling each withdrawal lawfully.

4.7 Your own legal texts and compliance. You are responsible for the legal texts and settings of your Storefront and for your compliance as a business and as the controller of your Shoppers' personal data, including: your terms of sale, pre-contractual information, distance-sales contract, withdrawal and refund policy, imprint or trader details, privacy notice and cookie notice; obtaining and recording the consents your marketing, cookies and tracking require (for example under the ePrivacy rules, the GDPR, the UK GDPR and PECR, KVKK, Türkiye's Law No. 6563 and the İYS system, Canada's Anti-Spam Legislation and Québec's Law 25, Brazil's LGPD, or CAN-SPAM, the TCPA and the state privacy laws in the United States); answering your Shoppers' data-protection requests; issuing invoices and e-invoices and registering for, collecting and paying taxes; and holding any licence your products or sector require. CIQRA may provide model texts, templates, a default consent banner, default settings, checklists and AI-generated drafts to help you. They are general tools and not legal, tax or other professional advice, they are not adapted to your business, products or markets, and they may not be complete or up to date for your situation. You must review and adapt them, if necessary with your own advisers, before you use them. CIQRA is not responsible for whether the legal texts, settings and consents used on your Storefront are sufficient or lawful, including where you use CIQRA's models without change.

5. Merchant Content

5.1 Ownership. "Merchant Content" means all content that you or your users upload to or create on the Services, including product data, media, text, themes, code, pages and personal data of Shoppers processed through your Storefront. You retain all rights in Merchant Content.

5.2 Licence to CIQRA. You grant CIQRA a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt (for example, by creating image derivatives or converting formats), transmit, cache and display Merchant Content solely to provide, secure and improve the Services and as you instruct. CIQRA processes personal data within Merchant Content as your processor under the Data Processing Agreement.

5.3 Your responsibility. You represent that you own or are licensed to use all Merchant Content, that it does not infringe third-party rights or breach any law, and that it complies with the Acceptable Use Policy.

5.4 User-generated content. Storefronts may display content submitted by Shoppers, such as reviews, ratings and questions. The Merchant is responsible for moderating that content. CIQRA provides moderation tools and operates the notice-and-action procedure described in the Acceptable Use Policy for reports of illegal content.

5.5 Feedback. If you send us suggestions or feedback, we may use them without restriction or obligation to you.

5.6 Backups and your own copies. CIQRA keeps backups of the platform as described in Section 9.4 of the Data Processing Agreement and uses them to restore the Services after an incident. These backups are kept for CIQRA's operational recovery of the platform as a whole. They are not a backup or archiving service for your Storefront, and CIQRA does not promise that a particular store, record or file can be restored, to a particular point in time or within a particular time. Where your data has been lost, corrupted or deleted for a reason that you, your users or the third parties you authorised did not cause, CIQRA uses reasonable efforts to restore it to the Services from the backups described in Section 9.4 of the Data Processing Agreement, to the most recent point in time from which an intact restore is reasonably possible, as soon as it reasonably can; it checks the result, tells you when it has done so and tells you which data or period, if any, could not be restored; CIQRA states no time within which a restore is complete unless an Order Form does. You remain responsible for keeping your own current copies of the Merchant Content that matters to you, and of the records you must keep by law, using the export tools and the store backup archives in your dashboard or the APIs, in particular before you make bulk changes, imports or deletions, install or remove apps and integrations, change your theme, or end your subscription. Content that you or your users delete, overwrite or remove through the Services, or that an app or integration you authorised deletes or changes, is not kept by CIQRA beyond the backup periods. On Enterprise plans, Section 13.3 and your Order Form govern how long CIQRA keeps your data; that retention is a feature of your plan and does not replace your own copies.

5.7 No general monitoring. CIQRA does not review Merchant Content, products or Shopper content before they are published and has no general obligation to monitor them or to look for illegal activity. CIQRA acts on notices and on its own findings as described in Section 7 and the Acceptable Use Policy, and doing so does not make CIQRA responsible for Merchant Content.

6. CIQRA's intellectual property

6.1 The Services, CIQRA's software, default themes, design system, trademarks and documentation are owned by CIQRA or its licensors. Except for the rights expressly granted in these Terms, no rights are transferred to you.

6.2 Themes. Themes and templates provided by CIQRA may be used only to operate Storefronts on the Services and may not be redistributed or used elsewhere. You are responsible for holding licences for any third-party assets you upload.

6.3 Beta features are provided "as is", may change or be withdrawn at any time and are subject to the Beta and Preview Features Terms.

7. Acceptable use, suspension and notices

7.1 You must comply with the Acceptable Use Policy, which lists prohibited conduct and prohibited and restricted business categories.

7.2 Suspension and restriction. CIQRA may suspend or restrict the Services, in whole or in part, where it reasonably believes that you have breached these Terms, the Merchant Agreement, the Policies or the law; where required by Stripe, a bank, a card scheme or a competent authority; or where necessary to protect the Services, other users or third parties (for example, in cases of fraud, security threats or sanctions). CIQRA will state its reasons at or before the time the measure takes effect and, where practicable and lawful, give you notice and an opportunity to remedy the issue first. CIQRA may act without prior notice where waiting would expose the Services, Shoppers, other Merchants or third parties to an immediate risk (such as a security incident, a compromised account, malware, fraud or clearly illegal content), where a court, authority, Stripe, a bank or a card scheme requires immediate action, or where fees remain unpaid after the notice described in Section 3.5(g). A suspension or restriction is limited to what is reasonably necessary and lasts only until the reason for it has been addressed. Fees remain payable during a suspension caused by your breach or non-payment. A suspension or restriction does not prevent you from exporting your Merchant Content with the export tools, or from receiving an export from CIQRA on request within 5 business days, and does not stop CIQRA from assisting you with data-subject requests under the Data Processing Agreement, unless a court or authority orders otherwise or the export would itself carry out the fraud, security risk or illegal activity that justified the measure. A measure under this Section is limited to the Services or Storefronts affected by its reason; where the reason concerns CIQRA Pay or chargebacks, CIQRA uses the measures in the Merchant Agreement and the Refund, Chargeback and Reserve Policy before suspending a Storefront.

7.3 Effect on funds. A suspension may pause CIQRA Pay payouts. Funds are handled under the Merchant Agreement and the Refund, Chargeback and Reserve Policy.

7.4 Illegal content and intellectual property notices. Anyone may report content on the Services that they consider illegal or infringing through the report form available at /legal/report on each Storefront, or by email to info@ciqra.com. Notices are handled under Section 4 of the Acceptable Use Policy and under the Intellectual Property and Takedown Policy.

7.5 Points of contact. For the purposes of Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act), CIQRA's single point of contact for the authorities of the Member States, the European Commission and the European Board for Digital Services, and for recipients of the Services, is info@ciqra.com. Recipients of the Services may write to it in English or Turkish. Authorities may write to it in English or, as Article 11(3) of the Digital Services Act requires for a provider established in Estonia, in Estonian. Messages to this address are handled by people and not solely by automated tools.

8. Availability, support and accessibility

8.1 Availability. CIQRA provides the Services with reasonable skill and care. Unless a service level is expressly agreed in an Order Form, the Services are provided on a commercially reasonable efforts basis and may be unavailable from time to time for maintenance, updates or reasons beyond our control. CIQRA makes no commitment to a percentage of availability, and no commitment to a time within which the Services or data are restored after an incident, unless an Order Form states one. CIQRA publishes the current status of the Services and its incident history at status.ciqra.com; those figures are a record of past performance, not a commitment.

8.2 Support. CIQRA provides support by email and through the support requests page of the merchant dashboard, during business hours: Monday to Friday, 09:00–18:00 Istanbul time (UTC+3). A business day is the nine hours of one such day, and public holidays are not excluded from the count. The target for a first response is one business day on standard plans and four business hours on plans and add-ons that include priority support. A first response is CIQRA's first reply to your request, not its resolution. These are targets, not guarantees. Standard plans carry no uptime commitment or service credits. Enterprise customers may agree priority support and service levels in an Order Form; the Enterprise Service Level Agreement applies where the Order Form incorporates it.

8.3 Accessibility. CIQRA designs the platform-provided interfaces with the aim of supporting its Merchants' compliance with applicable accessibility law, including the European Accessibility Act. Each Merchant remains responsible for the accessibility of its own Storefront content, theme customisations and configuration.

8.4 Transparency for business users. Where Regulation (EU) 2019/1150 on platform-to-business relations applies to your relationship with CIQRA:

(a) CIQRA gives at least 15 days' notice of changes to these Terms (Section 14 provides a longer period); (b) CIQRA provides a statement of reasons when it restricts, suspends or terminates the Services for you; (c) the order in which products appear on your Storefront is determined by your own configuration (for example, collections, sorting and merchandising settings) and by relevance and popularity signals within your own catalogue; CIQRA does not offer paid placement within a Merchant's Storefront, and does not market your goods or services through distribution channels or affiliate programmes of its own; (d) where CIQRA decides to terminate the whole of the Services for you, it gives you a statement of reasons at least 30 days before the termination takes effect, unless the law requires CIQRA to terminate sooner, an imperative reason under applicable law allows immediate termination, or you have repeatedly breached these Terms; in those cases CIQRA gives you the statement of reasons without undue delay; (e) during your subscription you can access and export the data you provide and the data your Storefront generates (such as products, content, orders, customers and analytics) through the dashboard and the APIs; CIQRA accesses that data only to provide, secure and improve the Services, as described in Section 5.2, the Privacy Policy and the Data Processing Agreement; it does not give other Merchants access to it and does not sell it; after the contract ends, Section 13.3 applies; and (f) you may raise complaints, free of charge, through the complaint form available at /legal/complaint on your Storefront or by email to info@ciqra.com; CIQRA considers each complaint and tells you the outcome in writing.

9. Third-party services and integrations

9.1 The Services work with third-party services, including Stripe for payments, Microsoft Azure for hosting, Cloudflare for content delivery and security, providers of email delivery and AI services, advertising and analytics platforms, shipping carriers, SMS providers, domain registrars and sales channels that you choose to connect. Your use of a third-party service may be subject to that provider's terms. The providers that process personal data on CIQRA's behalf are listed in the Subprocessor List. CIQRA is not responsible for third-party services that you choose, connect or contract with yourself (Section 9.1a). For the providers that CIQRA itself engages to provide the Services, Section 16.12 applies.

9.1a Services you choose to connect. When you connect or enable a third-party service, such as a payment provider of your own (for example iyzico, PayTR or a bank virtual POS), a shipping carrier or label service (such as Shippo), a marketplace, an ERP or accounting system, an advertising or analytics platform, a third-party app or theme, or an email or SMS provider: (a) you contract with that provider directly and its terms, fees and privacy practices apply between you and it; (b) you instruct CIQRA to exchange with it the data the integration needs, and the provider's processing of that data is its own, not CIQRA's, and it is not a sub-processor of CIQRA; (c) CIQRA does not control and is not responsible for the provider's availability, performance, accuracy, security, changes to its service or interface, decisions (such as declining a payment or suspending your account) or fees, or for loss caused by them; and (d) CIQRA may suspend or disconnect an integration that threatens the security or stability of the Services or that the provider withdraws. The providers that CIQRA itself engages to provide the Services are listed in the Subprocessor List; for them, CIQRA remains responsible as stated in the Data Processing Agreement.

9.1b Payments. CIQRA is not a bank, payment institution, electronic money institution or money transmitter and does not hold your funds. Payments on your Storefront are processed by Stripe under CIQRA Pay or by the provider you connect, under that provider's contract with you. Refunds, chargebacks, fraud losses, scheme fines and negative balances on your sales are yours, as set out in the Merchant Agreement and the Refund, Chargeback and Reserve Policy.

9.2 AI features. AI-assisted features, including the AI credits that every plan includes and the credit packs you may buy, are governed by the AI Features Terms. Content and answers produced by the AI features are generated automatically by an AI system, and you must review them before you publish or rely on them. You can ask for a person at any time through the support channels in Section 8.2. CIQRA does not warrant that AI output is accurate, complete, lawful, original or free of third-party rights, and you are responsible for the AI output you publish, send or rely on, as for your other Merchant Content.

10. Warranties and disclaimers

10.1 Each party warrants that it has the authority to enter into these Terms.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". CIQRA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THEY WILL ACHIEVE A PARTICULAR COMMERCIAL, TAX OR LEGAL RESULT FOR YOU. In particular, and without limiting the previous sentence, CIQRA does not warrant: that Merchant Content can never be lost, corrupted or deleted (Section 5.6 applies); that a migration or import from another system will be complete or accurate (the Professional and Migration Services Terms apply); any search-engine ranking, traffic, conversion or sales result; that third-party services, apps or integrations will be available, compatible or error-free; or that model texts, templates, default settings or AI output meet the legal requirements that apply to you. Nothing in these Terms excludes or limits any liability or right that cannot be excluded or limited under applicable law, including rights of consumers.

11. Limitation of liability

11.1 Excluded losses. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, SALES, BUSINESS OPPORTUNITY, GOODWILL OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. For loss, corruption or deletion of Merchant Content caused by CIQRA's breach of these Terms, CIQRA (i) uses reasonable efforts to restore the data from the backups described in Section 9.4 of the Data Processing Agreement to the most recent point in time from which an intact restore is reasonably possible, and checks the result before it tells you the restore is complete (Section 5.6), and (ii) to the extent the data cannot be restored that way, is liable for the reasonable cost of re-creating or re-entering the data and for the direct loss you prove, within the limit in Section 11.2 and subject to Section 11.5. Each category of loss named in this Section is a separate term. This Section applies only to the extent that mandatory law, including Section 106 of the Estonian Law of Obligations Act, permits; where it does not permit an exclusion for a particular loss, the exclusion falls away for that loss only, and the rest of this Section and of Section 11 continues to apply (Section 16.6). This Section does not apply to the amounts CIQRA pays under Section 12.2 or to a Merchant's indemnity under Section 12.1.

11.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIQRA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES IN ANY 12-MONTH PERIOD IS LIMITED TO THE GREATER OF (a) THE FEES YOU PAID TO CIQRA FOR THE SERVICES IN THAT PERIOD, EXCLUDING PAYMENT-PROCESSING FEES CHARGED BY THIRD PARTIES AND TAXES, AND (b) EUR 500 (the "general limit"). A 12-month period is the 12 months ending on the day the claim is first notified in writing to CIQRA. For loss caused by a breach of CIQRA's obligations to keep personal data secure (Section 4 and Annex II of the Data Processing Agreement) that results in unauthorised access to, or unauthorised disclosure of, personal data that CIQRA processes for you under the Data Processing Agreement (a confidentiality breach), the limit is instead the greater of two times the fees you paid to CIQRA in that 12-month period and EUR 10,000 (the "security limit"); the security limit is the overall ceiling for that 12-month period for all claims together, including claims within the general limit, and is not added to it. CIQRA's liability under Section 12.2 has its own limit, which is in addition to the amounts in this Section. For a feature or service that CIQRA provides free of charge, the Beta and Preview Features Terms set a lower limit. The amounts in this Section are a total for all claims together and are not increased by the number of claims or Storefronts.

11.3 Exceptions. The exclusions and cap in this Section do not apply to: liability that cannot be limited by law; liability for death or personal injury caused by negligence; liability for fraud; liability for loss caused intentionally or by gross negligence, each as the law that governs these Terms understands those words; a Merchant's indemnity obligations under Section 12.1; or amounts owed by a Merchant under the fee, refund, chargeback, reserve and negative-balance provisions of the Merchant Agreement. The rights of data subjects under data-protection law and the statutory rights of consumers are not affected.

11.4 Sole remedies. Where these Terms or a document incorporated into them give a specific remedy for a specific event, that remedy is your sole and exclusive remedy for that event, to the extent permitted by law: service credits under the Enterprise Service Level Agreement for a failure to meet an availability target; the credit or cancellation under Section 3.6 for a change to the Services; cancellation under Section 14.3 for a change to these Terms; termination under Section 5.2 of the Data Processing Agreement for an objection to a new sub-processor; and the remedies in Section 12.2 for a claim that the Services infringe third-party intellectual property rights. This Section does not apply where the failure was caused intentionally or by gross negligence.

11.5 Your contribution. CIQRA's liability is reduced to the extent that the loss was caused or increased by you, your users or the third parties you engaged, including by failing to keep your own copies under Section 5.6, to secure credentials and access under Section 2.3a, to review AI output, templates or migrated data, or to follow CIQRA's reasonable written instructions. Each party must take reasonable steps to mitigate its loss.

11.6 Allocation of risk. The fees for the Services reflect the allocation of risk in Sections 10 to 12, which the parties agree is reasonable for a standardised service supplied to businesses.

11.7 Application to the whole contract. Section 11.3 applies to every exclusion, limitation, disclaimer, release and sole-remedy provision in these Terms and in the Policies, including Sections 2.3a, 4.7, 5.6, 8.1, 9, 10.2 and 16.7 of these Terms, Section 4.2 of the Enterprise Service Level Agreement, Sections 3, 5.4 and 9 of the Beta and Preview Features Terms, Sections 5 and 9 of the Professional and Migration Services Terms and Section 12 of the Data Processing Agreement. None of them excludes or limits liability that Section 11.3 keeps in place, and where a document in the set describes the liability that is never limited in other words, that description means the categories in Section 11.3 and nothing more or less. Each numbered paragraph of Sections 10, 11 and 12, and each sentence of Section 11.2, is a separate term.

12. Indemnity

12.1 By the Merchant. MERCHANTS WILL DEFEND AND INDEMNIFY CIQRA AND ITS OFFICERS AND EMPLOYEES AGAINST THIRD-PARTY CLAIMS, AND THE RESULTING LOSSES AND REASONABLE COSTS, ARISING FROM: (a) Merchant Content or the goods and services the Merchant sells; (b) the Merchant's breach of these Terms, the Merchant Agreement, the Policies or the law; (c) claims by Shoppers, tax authorities, consumer authorities or other regulators relating to the Merchant's sales; (d) infringement of third-party rights by the Merchant; (e) the Merchant's processing of personal data as a controller in breach of data-protection law, including fines and penalties imposed on CIQRA as a result, to the extent the law allows them to be indemnified; (f) third-party services, apps, integrations and credentials that the Merchant connects or uses; or (g) the acts and omissions of the Merchant's users, staff, agencies and other partners. The Merchant's obligations under this Section do not apply to the extent a claim results from CIQRA's breach of these Terms or of the law, or from the negligence, wilful misconduct or fraud of CIQRA or its staff. CIQRA will notify the Merchant of the claim promptly, allow the Merchant to control the defence and cooperate reasonably. The Merchant may not settle a claim in a way that admits fault on CIQRA's part without CIQRA's consent.

12.2 By CIQRA: intellectual property. CIQRA will defend the Merchant against a claim by a third party that the CIQRA Technology, as provided by CIQRA and used by the Merchant in accordance with these Terms, infringes that third party's copyright, trademark or trade secret, or a patent granted by the European Patent Office or by the patent office of a Member State of the European Union, the United Kingdom, the United States or Türkiye, and will pay the damages and costs finally awarded against the Merchant, or agreed by CIQRA in a settlement, for that claim. "CIQRA Technology" means the software of the Services and the themes and templates that CIQRA itself provides, in the form CIQRA delivers them. (a) Exclusions. CIQRA has no obligation under this Section for a claim to the extent it arises from: Merchant Content, including content created with AI features or templates and then published by the Merchant; third-party apps, themes, integrations, services or materials, including those obtained through the App and Theme Marketplace; a component made available under an open-source licence, but only to the extent the claim arises from the Merchant's own use of that component outside the Services or from the terms of an open-source licence the Merchant itself accepted, and not from CIQRA's inclusion of the component in the CIQRA Technology; a modification not made by CIQRA; a combination of the CIQRA Technology with anything not provided by CIQRA, where the claim would not have arisen without the combination; use after CIQRA has made a non-infringing alternative available or has asked the Merchant to stop; or use in breach of these Terms. (b) Remedies. If the CIQRA Technology is, or in CIQRA's opinion is likely to be, held to infringe, CIQRA may at its option and expense obtain the right for the Merchant to continue using it, modify or replace it so that it no longer infringes without materially reducing its functionality, or, if neither is reasonably possible, end the affected Service and refund the fees prepaid for the period after it ends. (c) Limit and sole remedy. CIQRA's total liability under this Section 12.2 is limited to the greater of two times the fees the Merchant paid to CIQRA in the 12 months before the claim was first made and EUR 10,000. This limit is in addition to, and not part of, the limit in Section 11.2, and Section 11.1 does not apply to amounts CIQRA pays under this Section 12.2. This Section 12.2 states CIQRA's entire liability, and the Merchant's sole and exclusive remedy, for claims that the CIQRA Technology infringes third-party intellectual property rights. Section 11.3 applies to this paragraph: the limit and the sole-remedy sentence do not apply to liability that cannot be limited by law or to liability for fraud, or for loss caused intentionally or by gross negligence. Each sentence of this paragraph is a separate term. (d) Procedure. The Merchant must notify CIQRA of the claim promptly, allow CIQRA to control the defence and settlement, and cooperate reasonably at CIQRA's expense; CIQRA may not settle a claim in a way that admits fault on the Merchant's part, or imposes an obligation on the Merchant other than to stop using the affected item, without the Merchant's consent.

13. Term, termination and data export

13.1 These Terms apply for as long as you use the Services. Either party may terminate for a material breach by the other party that is not remedied within 30 days of written notice. CIQRA may instead suspend or restrict the Services under Section 7.2 while the breach continues. CIQRA may terminate without that period only where the law or a court or authority requires it, where an imperative reason under applicable law allows it (such as fraud, a sanctions match or clearly illegal content that cannot be remedied), or where you have repeatedly breached these Terms after notice; CIQRA then gives its statement of reasons without undue delay (Section 8.4(d)). CIQRA may also terminate these Terms, or the Services for a Storefront, for convenience on at least 30 days' written notice stating that it is a termination for convenience; CIQRA then refunds, within 30 days after the termination takes effect, the part of any fees paid in advance that relates to the period after it, in proportion to the remaining time, the transition and retrieval periods in Section 13.3(c) apply in full, and no early-termination penalty under Section 13.3(b) is payable. This right applies to an Enterprise plan as well unless the Order Form states otherwise. You may cancel your subscription at any time with effect from the end of the current paid period.

13.2 Effect of termination. On termination, your access to the Services ends, subject to the transition and retrieval periods in Section 13.3(c), and any fees due remain payable. CIQRA Pay balances, reserves and chargeback exposure are settled under the Merchant Agreement.

13.3 Data export, switching and deletion. (a) Export. While your subscription is active you may export your Merchant Content at any time through the export tools in the dashboard and the APIs, in structured, commonly used and machine-readable formats; the export covers the data and digital assets you provided or that your Storefront generated; data specific to the internal functioning of CIQRA's platform (such as internal identifiers, caches, search indexes and CIQRA's own logs) is not exportable, and nothing else is withheld. A large export is prepared in the background and can take several hours; CIQRA sends an email when it is ready to download. (b) Switching. You may tell CIQRA at any time, in the dashboard or by writing to info@ciqra.com, that you want to switch to another provider or to your own systems (a "switching notice"). Your subscription then ends on the date you choose, which is no later than 2 months after the switching notice; CIQRA requires no longer notice period. If your subscription is for a committed term (for example annual billing) and ends early because of a switching notice, the fees for the rest of that term, less the costs CIQRA saves by not providing the Services for the rest of the term, are payable as an early-termination penalty for a fixed-term contract within the meaning of Regulation (EU) 2023/2854 (the Data Act), which distinguishes such a penalty from a switching charge and which this paragraph discloses before you subscribe. This applies only to a committed term that began on or after the date on which version 2.6 of these Terms took effect for you. No early-termination penalty is payable where you send the switching notice while CIQRA is in material breach of these Terms, or after you have terminated for that breach under Section 13.1, or where you leave under a right to cancel without charge that these Terms or the Data Processing Agreement give you (Sections 3.5(f), 3.6, 3.7, 14.3 and 16.7 of these Terms and Section 5.2 of the Data Processing Agreement), or after a suspension that was not justified under Section 7.2, or where CIQRA terminates for convenience under Section 13.1. Nothing else is payable for switching. (c) Transition and retrieval. When your subscription ends, whether after a switching notice, a cancellation under Section 3.5(e) or a termination, a transition period of 30 days applies, followed by a retrieval period of a further 30 days. During both, you may export your Merchant Content with the export tools or, where they are not available to you, CIQRA provides the export on your request, and CIQRA gives you the information reasonably needed for your exit. If a transition within 30 days is technically unfeasible, CIQRA tells you within 14 working days of your request, states the reason and proposes an alternative period of no more than 7 months. (d) Charges. CIQRA charges nothing for switching or for exporting your data. (e) Your responsibility. It is your responsibility to export what you need before the retrieval period ends. (f) After the retrieval period. CIQRA keeps your store data with restricted access for 2 years after the Services end, so that the store can be restored on request, and then deletes or anonymises it, as set out in the Data Retention and Breach Notification Policy and the Data Processing Agreement. You may instruct CIQRA in writing to delete it sooner. Records that CIQRA must keep by law, such as accounting records, are kept for the period the law requires. (g) Enterprise plans. While your Enterprise contract is in force, CIQRA's automatic retention periods do not delete your own records, except the erasure of marketplace buyer data that a marketplace's terms require (Section A.4 of the Data Retention and Breach Notification Policy). After the contract ends, your Order Form governs; where it is silent, CIQRA keeps your records with restricted access until you instruct deletion or the store is restored, and for at least the 2 years in paragraph (f).

13.4 Survival. Provisions which by their nature should survive termination survive it, including those on intellectual property, accrued fees, disclaimers, limitation of liability, indemnity, confidentiality, and governing law and jurisdiction.

14. Changes to these Terms

14.1 CIQRA may amend these Terms and the Policies. CIQRA publishes each amended document with a new version number and date, and notifies Merchants of a change by a notice in the dashboard, shown to the account owner and administrators at their next sign-in until they have accepted the amended documents there, and, where CIQRA chooses, also by email. The dashboard notice is a notice on a durable medium: it states the date of publication, links each amended document and its change log, and can be printed or saved.

14.2 A change that is to your disadvantage (for example, one that adds a charge, reduces a feature or a service level, or adds to your obligations) takes effect for an existing customer no earlier than 30 days after the dashboard notice was first shown to that customer (or, where CIQRA also sent an email, after the earlier of the two), on the date stated in the notice; where the customer accepts the amended documents in the dashboard before that date, they apply to it from its acceptance; where no owner or administrator signs in before that date, the change takes effect at the customer's first subscription renewal after it, and until then the earlier version applies. A change that is only to your benefit, or that is purely editorial, may take effect when it is published. A shorter period applies only where a change is required by law or by a court or authority in a way that does not allow 30 days, or is needed to address an unforeseen and imminent risk of fraud, malware, spam, a data breach or another cybersecurity risk, or, for CIQRA Pay, passes on a change that Stripe, a card scheme or a bank imposes on CIQRA with less than 30 days' notice to CIQRA (Sections 3.4 and 12.2 of the Merchant Agreement); CIQRA then states the reason in its notice, gives as much notice as it can and, where Regulation (EU) 2019/1150 applies, never less than 15 days unless that Regulation allows a shorter period.

14.3 If you do not agree with a change, you may cancel before it takes effect, without any charge for cancelling. If you continue to use the Services after the effective date, the amended Terms apply to you from that date. A change never applies retroactively, except where the law requires it or the change is only to your benefit.

14.4 A new customer accepts the version in force when it signs up. CIQRA records which version of each document a Merchant accepted and when.

14.5 Changes affecting consumers are made in accordance with mandatory consumer law.

15. Governing law and jurisdiction

15.1 Governing law. These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of the Republic of Estonia, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law does not deprive them of the protection of the mandatory rules of the country in which they are habitually resident.

15.2 Merchants. Disputes between CIQRA and a Merchant are subject to the exclusive jurisdiction of Harju County Court (Harju Maakohus) in Tallinn, Estonia. This choice is an exclusive choice of court agreement for the purposes of Article 3 of the Hague Convention of 30 June 2005 on Choice of Court Agreements and, where that Convention does not apply, an exclusive jurisdiction agreement under Article 25 of Regulation (EU) No 1215/2012 and the law that applies. The choice of court is independent of the other terms of these Terms, and its validity does not depend on the validity of the other terms. Each party waives any objection to that court on the ground of inconvenient forum. To the extent permitted by the law that applies, a Merchant brings claims against CIQRA only in its own name and not as a member or representative of a class or in a collective or representative action. This sentence does not apply where the law that applies does not allow such a waiver. If a court of competent jurisdiction holds that this Section 15.2 cannot be applied to a Merchant, the courts of the place where that Merchant is established have jurisdiction, and the rest of these Terms is unaffected.

15.3 Consumers. A consumer may bring proceedings in the courts of the country in which the consumer is habitually resident and keeps all rights under the mandatory consumer-protection law of that country. Consumers may also contact their national consumer-protection authority or an alternative dispute resolution body where available.

15.4 Nothing in this Section prevents either party from seeking urgent injunctive or interim relief in any competent court to protect its intellectual property, confidential information or the security of the Services, or from enforcing a judgment or arbitral award in any court that has jurisdiction over the other party or its assets.

15.5 Arbitration for Merchants established in the United States. This Section 15.5 applies only where the Merchant is established in the United States and applies to disputes between CIQRA and such a Merchant in place of Section 15.2. A Merchant is established in the United States if its principal place of business is in the United States on the date on which a version of these Terms containing a Section 15.5 first applied to it (by acceptance under Section 14.4 or, for an existing customer, on the effective date under Section 14.2) (the "arbitration date"); a later change of its place of business does not change the result, and paragraph (e) is applied as of the arbitration date. This Section applies to every dispute between the parties, whenever it arose, including before the arbitration date, except a dispute that was already pending before a court or arbitral tribunal on that date; Section 14.3 does not limit this sentence. (a) Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Services is resolved by final and binding arbitration administered by the International Centre for Dispute Resolution of the American Arbitration Association (AAA-ICDR) under its International Arbitration Rules in force when the arbitration starts. There is one arbitrator, the seat of arbitration is New York, New York, the language is English, and hearings may be held by video conference. The agreement to arbitrate in this Section 15.5 is governed by the Federal Arbitration Act and, to the extent state law applies to its formation or validity, by the law of the State of New York, without regard to its conflict-of-laws rules; Section 15.1 governs the substance of the dispute. Judgment on the award may be entered in any court with jurisdiction. Costs and procedure. The International Expedited Procedures of the ICDR apply to every claim they allow, and a claim of USD 25,000 or less is decided on documents only unless the arbitrator decides a hearing is needed. Where the Merchant's claims total USD 25,000 or less, CIQRA pays all ICDR filing, administrative and arbitrator fees above the amount the Merchant would have paid to file the claim in a court of its home state, unless the arbitrator finds the claim frivolous or brought for an improper purpose; if, for a larger claim, the Merchant shows that the fees it would pay under the ICDR Rules are prohibitive compared with the cost of bringing the claim in court, CIQRA pays the difference so that the Merchant can pursue the claim; otherwise the ICDR Rules allocate fees and the arbitrator may award costs. Each party bears its own lawyers' fees unless the law that applies to the claim provides otherwise. The arbitrator may award the same individual relief that a court could award, including statutory damages, costs and fees where the applicable law provides for them. (b) Exceptions. Either party may bring an individual claim in a small-claims court with jurisdiction, and either party may seek urgent injunctive relief under Section 15.4 in any competent court. (c) Individual claims only. Claims are brought and resolved only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate the claims of different Merchants. Where the law that applies to a claim requires that public injunctive relief remain available, the arbitrator may award public injunctive relief to the extent that law requires, in the individual arbitration and without the claim becoming a class, collective or representative proceeding. A court, and not the arbitrator, decides whether this paragraph (c) is enforceable. If a court holds that a claim must be heard in court because this paragraph cannot be applied to it, that claim is heard by the state or federal courts located in New York County, New York, which the parties agree have jurisdiction for this purpose, and is stayed until the arbitration of the other claims between the parties has ended; the rest of this Section 15.5 continues to apply. In no event may a claim proceed as a class, collective, consolidated or representative arbitration, and the arbitrator has no power to order one. (d) Opt-out. A Merchant may opt out of this Section 15.5 by writing to info@ciqra.com, with the subject "Arbitration opt-out", within 30 days after the date on which it first accepts a version of these Terms that contains this Section or, for a Merchant that was already a customer when this Section was introduced, within 30 days after the date on which that version took effect for it under Section 14.2. The opt-out states the Merchant's name and account email. It is effective when sent; CIQRA confirms receipt within 5 business days and records it under Section 2.5. An opt-out continues to apply to every later version of these Terms unless the Merchant withdraws it in writing. If a Merchant opts out, Section 15.2 applies to it. Opting out has no other effect on the contract. (e) Mandatory law. This Section 15.5 does not apply to a Merchant whose principal place of business was, on the arbitration date, in the European Union, the European Economic Area, the United Kingdom, Türkiye or Brazil, does not apply to any person who is a consumer, and does not deprive anyone of the protection of mandatory consumer-protection law that applies to them. (f) Who decides what. The arbitrator decides every dispute about the interpretation, applicability, scope and enforceability of this Section 15.5, including whether a claim is subject to arbitration, except that a court decides whether paragraph (c) is enforceable and whether a Merchant has validly opted out under paragraph (d). (g) Many similar claims. If 25 or more demands for arbitration raising the same or similar issues are filed against CIQRA, or by CIQRA, within 180 days by or with the help of the same or coordinated counsel or organisation ("Related Demands"), the following applies in addition to the ICDR Rules and, to the extent the ICDR applies them, the AAA Mass Arbitration Supplementary Rules. (1) Each Related Demand must first satisfy paragraph (h). (2) The ICDR administers the Related Demands in batches of up to 100 demands. All batches proceed at the same time, and the ICDR may appoint a different arbitrator for each batch. (3) Within a batch, the arbitrator decides each Merchant's claim individually on its own facts and issues a separate award for each; an award has no effect on any other Merchant's claim. (4) One set of administrative fees is charged per batch, and paragraph (a) applies to the allocation of fees within each batch. (5) All limitation periods for a Related Demand are tolled from the date a notice of dispute under paragraph (h) is sent until the arbitrator decides that demand. This paragraph is a procedure for administering individual arbitrations; it does not allow consolidation of different Merchants' claims or class relief. If the ICDR declines to administer Related Demands under this paragraph, or a court holds this paragraph unenforceable, the demands proceed individually under the ICDR Rules. (h) Notice of dispute and informal resolution. Before starting an arbitration, other than a claim under paragraph (b), the party with the claim sends the other a written notice of dispute. A notice from a Merchant is sent to info@ciqra.com with the subject "Notice of dispute", and a notice from CIQRA is sent to the email address of the Merchant's account owner. The notice states the Merchant's name and account email, describes the facts and the relief sought, and is signed by the party sending it (and by its lawyer, if it has one). For 60 days after the notice is received, the parties try in good faith to resolve the dispute and, if either party asks, take part in an individual video call for that purpose in which a representative with authority to settle takes part. Limitation periods are tolled during those 60 days. An arbitration demand filed before this procedure has been completed may be stayed until it is. (i) Changes to this Section. A change that CIQRA makes to this Section 15.5 after a Merchant has accepted it does not apply to a dispute that was pending, or of which either party had given or received notice, before the change took effect for that Merchant; that dispute is decided under the version that applied before the change. A Merchant may also reject a change to this Section 15.5 by writing to info@ciqra.com, with the subject "Arbitration change rejection", within 30 days after the change took effect for it under Section 14.2; the Merchant then remains bound by the version of this Section 15.5 that it last accepted, and the rest of the amended Terms applies to it. (j) Jury waiver. Where a claim between CIQRA and a Merchant established in the United States is heard in a court in the United States, each party, to the extent the law allows, waives any right to a trial by jury. (k) Stand-alone waivers. If the agreement to arbitrate in this Section 15.5 is held unenforceable as a whole, or a claim is heard in court for any other reason, the Merchant and CIQRA still agree, to the extent the law allows, that claims are brought and decided only on an individual basis and not in a class, collective, consolidated or representative proceeding, and that paragraph (j) applies; this paragraph is a separate term that does not depend on the agreement to arbitrate, and the court named in paragraph (c), or where it cannot hear the claim a court of competent jurisdiction, hears it.

16. General

16.1 Assignment. You may not assign or transfer these Terms without CIQRA's prior written consent. CIQRA may assign these Terms to an affiliate or to a successor in a merger, acquisition or reorganisation.

16.2 No exclusivity. These Terms are non-exclusive. CIQRA may provide the Services to any other person, including your competitors.

16.3 Publicity. CIQRA may name you as a customer and display your name and logo in customer lists and marketing materials. You may opt out at any time by writing to info@ciqra.com. Neither party may otherwise issue a public statement about the other without consent.

16.4 Third-party rights. These Terms create no rights for third parties, except for the rights of Stripe and card schemes stated in the Merchant Agreement and the rights of data subjects under the Data Processing Agreement and the Standard Contractual Clauses.

16.5 Entire agreement. These Terms, together with the documents incorporated into them, are the entire agreement between the parties on their subject matter and supersede all prior understandings.

16.6 Severability and waiver. If a provision of these Terms is held invalid or unenforceable, it falls away and the applicable provision of law applies in its place; the remaining provisions remain in full force. Where the law that applies allows a provision to be upheld in a reduced form, it is reduced to the extent necessary rather than falling away. A failure to enforce a provision is not a waiver of it.

16.7 Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control whose consequences it could not reasonably have avoided or overcome, such as natural disasters, fire, flood, epidemics, war, terrorism, civil unrest, sanctions, embargoes and other acts of authorities, strikes other than of the party's own staff, failures of public telecommunications or power networks, an outage of a cloud, hosting, content-delivery or payment provider on which the Services depend, to the extent a provider exercising reasonable skill and care, with the regional and backup redundancy CIQRA states in Annex II of the Data Processing Agreement, could not reasonably have avoided or overcome it, and cyberattacks that occur despite the security measures described in the Data Processing Agreement. The affected party must notify the other without undue delay and take reasonable steps to limit the effect. Force majeure does not excuse an obligation to pay money that is due. If a force-majeure event prevents the Services for more than 60 days, either party may terminate the affected Services by written notice, and CIQRA refunds fees paid in advance for the period after termination.

16.8 Notices. Legal notices to CIQRA must be sent to info@ciqra.com. CIQRA sends notices to you to the email address of your account owner or through the dashboard, and a notice sent by email is treated as received on the day it was sent unless CIQRA receives a message that it could not be delivered. You must keep that email address current.

16.9 Language. These Terms are drawn up in English, and the English version prevails over any translation, except where mandatory local law requires a version in another language to prevail for that market. CIQRA may publish translations for convenience; a translation is not a separate contract. CIQRA publishes a French version of these Terms and of the documents related to them at the same addresses under /fr/ (for example /fr/terms-of-service). A Merchant established in Québec may read and accept the French version; where the Merchant uses the English version, it confirms that it has expressly requested that these Terms and the documents related to them be drawn up in English, and the English version prevails over the French to the extent the law allows. Le Marchand établi au Québec confirme avoir expressément exigé que les présentes conditions et les documents qui s'y rattachent soient rédigés en anglais.

16.10 Confidentiality. Each party keeps confidential the non-public information of the other party that it receives in connection with the Services and that is marked as confidential or should reasonably be understood to be confidential, uses it only for the purposes of these Terms and discloses it only to its staff, advisers and service providers who need it and are bound by confidentiality, or where the law, a court or an authority requires. This does not apply to information that is or becomes public without breach, was already lawfully known to the receiving party, or is independently developed. Personal data is governed by the Data Processing Agreement and the Privacy Policy.

16.11 Compliance. Each party complies with the anti-corruption, sanctions and export-control laws that apply to it in connection with the Services. You must not use the Services to export, re-export or make available goods, software or technology in breach of the export-control or sanctions laws of the European Union, the United Nations, the United States or the United Kingdom.

16.12 Subcontracting and independence. CIQRA may use subcontractors and service providers to provide the Services and remains responsible for their performance as stated in these Terms and the Data Processing Agreement. The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

Contact: CIQRA OÜ, Veskiposti tn 2, 10138 Tallinn, Harju maakond, Estonia · info@ciqra.com