Terms of Service
Last updated: 2026-08-05
1. Scope and definitions
These terms of service ("Terms") govern the use of the Qualidex platform ("Service"), operated by Clanker GmbH, Gumpendorfer Straße 36/46, 1060 Vienna, Austria ("Provider", "we", "us"). Qualidex is a brand of Clanker GmbH. By commissioning, registering for or using the Service, the customer ("Customer", "you") agrees to these Terms.
The Service is directed exclusively at businesses within the meaning of §1 of the Austrian Commercial Code (UGB) and legal entities under public law; it is not intended for consumers.
"Service" means the Qualidex platform and all associated features for validating, cleansing and harmonizing customer data, including email validation, phone number verification, data formatting, duplicate detection, batch processing and the API.
2. Description of services
Qualidex offers in particular:
- Email validation: checking email addresses for syntax, domain, MX records and deliverability (SMTP handshake), including detection of disposable and role addresses as well as typo suggestions.
- Phone number verification: existence and activity checks of phone numbers via network queries (HLR/carrier lookup), line type detection and E.164 normalization.
- Data formatting and harmonization: normalization of names, company names and addresses according to configurable rulesets, plus duplicate detection and consolidation.
- Batch processing and API: processing of datasets as a project as well as real-time validation via a REST API.
Validation results are technical assessments as of the time of the check. The Service does not provide legal or compliance advice; its use does not in itself satisfy any statutory obligation incumbent on the Customer. No guarantee is given for the deliverability of individual messages or the reachability of individual phone numbers.
3. Offers, prices and payment
3.1 Offers and prices
Services and remuneration are set out in the respective individual offer or order. Unless otherwise agreed there, these Terms apply in addition. All prices are in EUR plus statutory VAT.
3.2 Payment
Unless otherwise agreed, invoices are due within 14 days without deduction. In the event of late payment we may charge statutory default interest and suspend the Service after prior notice.
4. Customer obligations and acceptable use
The Customer warrants that it is entitled to process the submitted data and has a valid legal basis. The Customer agrees not to use the Service for:
- Processing data it is not entitled to process or share – in particular unlawfully acquired address or contact lists.
- Preparing or sending unsolicited messages (spam) contrary to §174 TKG 2021 or comparable regulations.
- Fraud or other illegal activities.
- Circumventing security measures or gaining unauthorized access to other customers' data.
- Overloading or impairing the Service infrastructure.
- Reselling the Service without written permission.
We reserve the right to suspend or terminate accounts in the event of violations without prior notice and without refund.
5. Availability and maintenance
Unless a service level is agreed in the order, the Service is provided on a best-effort basis. Planned maintenance is announced in advance where possible. We are not liable for outages caused by planned or emergency maintenance, failures of third-party providers (network query, hosting, payment and email providers, etc.), force majeure or circumstances beyond our reasonable control.
6. Intellectual property
All rights in the Service, including software, design, trademarks and documentation, remain with the Provider. The Customer receives a limited, non-exclusive, non-transferable right to use the Service for its intended purpose during the term of the contract.
Customer data, including submitted records and generated results, remains the property of the Customer. The Customer grants us a limited license to process the data solely for the purpose of providing the Service.
7. Data protection and processing on behalf
We process personal data in accordance with our privacy policy and the GDPR. Where we process customer data on behalf of the Customer, the parties conclude a data processing agreement under Art. 28 GDPR, which forms part of the order. The Customer remains responsible as controller for the lawfulness of the processing.
8. Liability
8.1 Limitation
To the extent permitted by law, the Provider's total liability for all claims arising out of or in connection with the Service is limited to the fees paid by the Customer in the 12 months preceding the claim.
8.2 Exclusions
We are not liable for indirect, consequential or punitive damages; lost profits, data loss or lost business opportunities; acts or omissions of third-party providers; the accuracy of the data provided by the Customer; or business decisions made on the basis of validation results.
8.3 Exceptions
These Terms do not exclude liability for intent, gross negligence, personal injury or mandatory statutory liability.
9. Term and termination
Term and notice periods are set out in the respective order. We may terminate the contract for cause or suspend access in the event of a breach of these Terms. After the end of the contract we delete the Customer's order data within 30 days – on request with a deletion certificate – unless statutory retention obligations require otherwise.
10. Changes to these Terms
We may amend these Terms with effect for the future. Material changes will be communicated by email at least 30 days in advance. Continued use after the effective date constitutes acceptance; if you object, you may terminate as of the effective date.
11. Governing law and jurisdiction
The laws of the Republic of Austria apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes is the competent court in Vienna, Austria.
12. Severability
Should any provision of these Terms be invalid or unenforceable, the remaining provisions remain in full force. The invalid provision shall be replaced by a valid one that comes closest to the original purpose.
13. Contact
If you have any questions about these Terms, contact us at: [email protected]