Q11 AI T&C

Terms and Conditions

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These General Terms and Conditions (“Terms”) apply to all offers, orders and agreements for the purchase of AI-generated test plans and related services (“Test Plans”) provided by Q11 AI(“we”, “us” or “our”).

Company Details

  • Business name: Q11 AI
  • Business address: Poortland 66, 1046 BD, Amsterdam, The Netherlands
  • Chamber of Commerce (KvK) no.: 81513399
  • VAT number: NL003571308B27
  • Email: q11ai.customerservice@theq11.com 
  • Website: theq11.com

We sell to both business customers (B2B) and consumers (B2C). By placing an order for Test Plans, you (“Customer” or “you”) agree to be bound by these Terms.

1. Definitions

In these Terms:

  1. Consumer: a natural person who is acting for purposes which are outside his or her trade, business, craft or profession, as defined under EU and Dutch consumer law.
  2. Business Customer: any Customer that is not a Consumer.
  3. Digital Content: data produced and supplied in digital form, including AI-generated test plans.
  4. Platform: the website(s), web shop(s), portals, and/or interfaces through which Q11 AI offers and delivers Test Plans.

     

2. Scope and Applicability

  1. These Terms apply to all distance contracts (online purchases) for Test Plans concluded between Q11 AI and the Customer.
  2. Any additional or conflicting terms proposed by the Customer are rejected unless expressly accepted in writing by Q11 AI.
  3. Specific written agreements between Q11 AI and a Business Customer (e.g. master service agreements) prevail over these Terms in case of conflict.

     

3. Ordering Process and Contract Formation

  1. Product descriptions, pricing and other information on the Platform constitute an invitation to make an offer, not a binding offer from Q11 AI.
  2. By completing the order process (including any required confirmations and payment), you make a binding offer to purchase the selected Test Plan(s).
  3. The contract is concluded when Q11 AI confirms the order by email and/or makes the Test Plan available for download or access in your account.

     

4. Nature of the Service and Use of AI

  1. Q11 AI uses an AI-driven system (the “Q11 AI Agent”) to generate Test Plans based on the information, requirements and constraints you provide.
  2. You acknowledge that:
    • The Q11 AI Agent relies on probabilistic methods;
    • Due to the unique approach of our AI agent, it is possible that repeating the data submission produces different results, even with similar or identical inputs; and
    • The Test Plans are intended to assist your own testing processes and professional judgement, and do not replace human review and decision-making.

       

5. Customer Responsibilities and Input Quality

  1. The quantity and quality of the test scenarios the Q11 AI agent provides is heavily dependent on the details provided by the Customer.
  2. You are solely responsible for:
    • The accuracy, completeness and clarity of the information you provide;
    • Indicating applicable standards, platforms, configurations, integrations, risks and constraints that are relevant to the Test Plan;
    • Ensuring that you have all necessary rights and permissions to use and share any data you submit to Q11 AI.
  3. Q11 AI is not responsible for deficiencies in the Test Plan resulting from incomplete, inaccurate, ambiguous or inconsistent input from the Customer.

 

6. Review and Use of Test Plans

  1. All test scenarios should be reviewed thoroughly for accuracy and relevance before they are used in any form of testing, release, or production decision-making.
  2. You acknowledge and agree that:
    • The Test Plans may contain errors, omissions or assumptions;
    • The Test Plans are supporting tools, not final or certified instructions; and
    • You remain responsible for verifying that the Test Plans are suitable for your specific systems, regulatory requirements, risk profile and business objectives.
  3. Q11 AI is not responsible for consequences arising from your use of Test Plans. They should be reviewed and adapted by appropriately qualified personnel.

     

7. Right of Withdrawal (Consumers Only)

This clause applies only to Consumers within the European Economic Area.

  1. As a Consumer, you may have a statutory 14-day right of withdrawal from distance contracts, starting from the day after the contract is concluded, unless an exception applies under EU or Dutch law.
  2. For digital content not supplied on a tangible medium (such as downloadable Test Plans), the right of withdrawal can be lost once:
    • Q11 AI has begun the performance of the contract (i.e. started generating or delivering the Test Plan); and
    • You have given express prior consent to start performance before expiry of the withdrawal period and acknowledged that you thereby lose your right of withdrawal.
  3. During the ordering process, Q11 AI may ask you to:
    • Explicitly consent to immediate performance; and
    • Explicitly acknowledge the loss of the statutory right of withdrawal once performance has started.
  4. If you do not provide this consent and acknowledgement, Q11 AI may delay performance until after the 14-day period or decline the order.
  5. This statutory right of withdrawal is separate from the specific refund policy on duplicate test scenarios described in Clause 8.

For Business Customers, no statutory right of withdrawal applies, and orders are final except as expressly provided elsewhere in these Terms or required by mandatory law.

8. Refunds

  1. In addition to any mandatory statutory rights, Q11 AI offers the limited refund policy set out in this clause for both Consumers and Business Customers.
  2. Refunds may be possible if the Test Plan is shown to have 30% or more exact duplicate test scenarios. For these purposes:
    • “Exact duplicate” means that a test scenario is substantially identical in pre-conditions, steps and expected results to another scenario within the same Test Plan;
    • Minor wording differences that do not change the substance of the scenario may still be considered duplicates.
  3. To request a refund on this basis, you must:
    • Notify Q11 AI in writing (e.g. by email) within 14 days after delivery of the Test Plan;
    • Provide the Test Plan file and a clear indication of the alleged duplicates (e.g. scenario IDs or references); and
    • Allow Q11 AI a reasonable period to review and verify your claim.
  4. If Q11 AI determines that 30% or more of the scenarios are exact duplicates, Q11 AI may, at its discretion:
    • Provide a full or partial refund of the amount paid for the affected Test Plan; and/or
    • Regenerate the Test Plan once at no additional charge.
  5. This voluntary refund policy does not apply where the duplication arises mainly from:
    • Insufficiently detailed, repetitive or conflicting input provided by the Customer; or
    • Requirements that inherently lead to near-identical scenarios (e.g. large numbers of highly similar devices, configurations or user roles where repetition is functionally necessary).
  6. Except as required by law or expressly provided in these Terms, all sales of Test Plans are final and non-refundable.

     

9. Prices and Payment

  1. All prices displayed on the Platform are shown in euros, inclusive or exclusive of VAT as indicated. For Consumers in the EU, the total price including applicable taxes and fees will be displayed before you complete the order.
  2. Q11 AI may change prices at any time. The price applicable to your order is the price displayed at the time you complete the order.
  3. Payment must be made through the payment methods available on the Platform. Q11 AI is not obligated to deliver any Test Plan before full payment has been successfully received.
  4. If a payment is reversed or charged back, Q11 AI may suspend access to or use of the corresponding Test Plan.

     

10. Delivery of Test Plans

  1. Test Plans are delivered as digital content (for example via download link, email, or account access). 
  2. Q11 AI aims to deliver the Test Plan within the indicative time frame mentioned on the Platform, but these time frames are dependent on the information submitted by the Consumer and are therefore not strictly binding unless explicitly agreed otherwise in writing. 
  3. Delivery is deemed to have taken place when the Test Plan is made available to you (e.g. via link, email, or your account).
  4. The risk of loss of or damage to the Test Plan passes to you at the time of delivery.

     

11. Data, Privacy and Retention of Test Plans

  1. Q11 AI processes personal data in accordance with applicable data protection laws, including the GDPR, and its Privacy Notice, which is available on the Platform.
  2. Test Plan Retention and Deletion
    • Test Plans generated for you are stored on our systems only for a limited period for operational and support purposes.
    • Test plans are deleted from our databases within 3 months of delivery, and are not recoverable.
  3. You are solely responsible for:
    • Downloading and safely storing the Test Plans;
    • Making your own backups or archives; and
    • Ensuring secure storage and access control on your side.
  4. After the retention period has expired and the Test Plan has been deleted from our systems, Q11 AI cannot restore or re-deliver the same Test Plan, even on request.
  5. Q11 AI may retain certain metadata and anonymised or aggregated information for analytics, service improvement and legal compliance, provided that such data cannot reasonably be used to identify you.

     

12. Intellectual Property and Licence

  1. Unless stated otherwise, Q11 AI (or its licensors) retains all intellectual property rights in:
    • The Q11 AI Agent, models, algorithms and software;
    • The Platform and underlying infrastructure; and
    • Any generic templates, tools or materials used to generate the Test Plans.
  2. Subject to full payment of the applicable fees, Q11 AI grants you a non-exclusive, worldwide, perpetual licence to use, reproduce and modify the specific Test Plan delivered to you for your internal business or personal use.
  3. You may not:
    • Resell, sublicense or publicly distribute the Test Plan as a standalone product to third parties, unless expressly agreed in writing;
    • Reverse engineer or attempt to derive any source code or models used by Q11 AI; or
    • Use the Test Plans or Q11 AI systems in a way that infringes applicable laws or third-party rights.

       

13. Warranties and Disclaimers

  1. Q11 AI will provide the Test Plans with reasonable skill and care, using the then-current version of the Q11 AI Agent.
  2. You acknowledge that:
    • AI-generated content is inherently probabilistic and may contain inaccuracies, omissions or unexpected outputs;
    • Due to the unique approach of our AI agent, it is possible that repeating the data submission produces different results;
    • Q11 AI cannot guarantee that the Test Plans will be complete, error-free, fit for a particular purpose, or compliant with all applicable industry or regulatory standards.
  3. Q11 AI provides the Test Plans “as is” and “as available”, and expressly disclaims all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

     

14. Limitation of Liability

  1. Nothing in these Terms limits or excludes liability where such limitation or exclusion is prohibited by applicable law (for example, liability for fraud or for death or personal injury caused by negligence).
  2. To the maximum extent permitted by law, Q11 AI is not liable for:
    • Indirect, incidental, special or consequential damages;
    • Loss of profit, revenue, data, reputation or business opportunities;
    • Any damage arising from your failure to review and adjust the Test Plans before use.
  3. To the extent Q11 AI is liable for any damage arising out of or in connection with a contract under these Terms, Q11 AI’s aggregate liability is limited to the amount actually paid by you for the Test Plan giving rise to the claim.
  4. The above limitations apply to both contractual and non-contractual (tort) liability, and to any statutory liability, to the extent permitted by applicable law.

     

15. Complaints and Dispute Resolution

  1. If you have a complaint, you should first contact Q11 AI using the contact details listed above. Q11 AI will aim to respond within a reasonable time and seek an amicable solution.
  2. Consumers in the EU may also, where applicable, use the European Commission’s Online Dispute Resolution (ODR) platform.
  3. Business Customers and Q11 AI will use reasonable efforts to resolve disputes amicably before resorting to litigation.

     

16. Changes to These Terms

  1. Q11 AI may update these Terms from time to time, for example to reflect changes in our services, in technology, or in applicable laws.
  2. The version of the Terms that applies to your purchase is the version in force at the time of your order, unless changes are required by law or you explicitly agree to a revised version.

     

17. Governing Law and Jurisdiction

  1. These Terms and any disputes arising out of or in connection with them are governed by the laws of The Netherlands, without prejudice to any mandatory consumer protection provisions that apply in the Consumer’s country of residence in the EU/EEA.
  2. Any dispute will be submitted to the competent courts in Amsterdam, The Netherlands, without prejudice to any mandatory rights of Consumers to bring disputes before courts in their own EU Member State.

     

18. Final Provisions

  1. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
  2. Failure by Q11 AI to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  3. These Terms are available in English. If they are translated into other languages, the English version will prevail in case of discrepancies.

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