# TERMS OF SERVICE

**Last Updated: February 27, 2026**

## 1. LEGALLY BINDING AGREEMENT

These Terms of Service (“**Terms**”) constitute a legally binding agreement between you (“**User**”, “**Client**”, or “**Subscriber**”) and **Mikayel Grigoryan Individual Entrepreneur (IE)**, registered in the Republic of Armenia (Registration Number: 273.1337949/2023-08-25), operating under the trade name **“Qrystal Partners”** (“**Company**”, “**we**”, “**us**”, or “**our**”).

The service known as **“Qrystal Uplink”** is owned and operated by the Company.

By accessing, registering for, or using the Qrystal Uplink platform, APIs, SDKs, dashboards, or documentation (collectively, the “**Services**”), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease all use of the Services.

If you are using the Services on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms.

## 2. NATURE OF SERVICES & BETA DISCLAIMER

### 2.1 Beta Status

You acknowledge and agree that the Services are currently provided in a **Beta** or pre-production phase. The Services may contain defects, errors, security limitations, or operational instabilities that could result in interruptions, data loss, inaccurate alerts, or system failures.

### 2.2 “AS IS” and “AS AVAILABLE”

To the **maximum extent permitted by applicable law**, the Services are provided **“AS IS”** and **“AS AVAILABLE”**, without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.

### 2.3 No Uptime or Availability Guarantee

We do not guarantee continuous availability, accuracy, or error-free operation of the Services. Downtime or failures caused by third-party providers (including hosting providers, network operators, time synchronization services), force majeure events, or your own network configuration (e.g., blocked NTP traffic) do not constitute a breach of these Terms.

### 2.4 Forward-Looking Statements

Any statements regarding future “enterprise-grade,” ISO-certified, SLA-backed, or safety-critical versions of the Services are **forward-looking statements** reflecting current development goals only and do not constitute binding commitments or guarantees.

## 3. PROHIBITED USE & HIGH-RISK ACTIVITIES

### 3.1 Critical and Safety-Sensitive Systems

The Services are **NOT** designed, certified, intended, or authorized for use in environments requiring fail-safe or real-time guarantees, including but not limited to:

- Nuclear facilities or energy infrastructure
- Aircraft navigation, aviation communication, or air traffic control systems
- Medical devices, clinical systems, or life-support equipment
- Weapons systems or military command systems
- Any application where failure, delay, or inaccuracy could reasonably result in death, personal injury, or severe physical, environmental, or economic damage

You assume all risk if you use the Services for any such purpose.

### 3.2 Authorized Monitoring Only

You may only monitor devices, systems, or networks that you own or for which you have obtained explicit, lawful authorization. Unauthorized monitoring is strictly prohibited.

## 4. SECURITY & CONNECTIVITY REQUIREMENTS

### 4.1 Security Enforcement

To protect the integrity, security, and availability of the Services, we may restrict, block, or terminate connections that, to the extent permitted by applicable law:

- Fail TLS/SSL certificate validation
- Exhibit inaccurate system time or broken NTP synchronization
- Demonstrate traffic patterns reasonably interpreted as abusive, automated, or malicious

### 4.2 User Responsibility

You are solely responsible for ensuring that your environment permits required connectivity, including but not limited to **UDP port 123 (NTP)** and **TCP port 443 (HTTPS)**. Failures caused by misconfiguration or restricted networks do not give rise to refunds or liability claims.

## 5. ACCOUNTS, PAYMENTS & MERCHANT OF RECORD

### 5.1 Merchant of Record

Payments are processed by our authorized Merchant of Record, **Polar Inc. (polar.sh)**. By purchasing a subscription, you enter into a separate billing agreement with the Merchant of Record, subject to their terms and privacy policies.

### 5.2 Suspension for Non-Payment

Failure to pay applicable fees may result in suspension or limitation of Services. To the extent permitted by law, we are not responsible for data loss, delayed alerts, or missed notifications during suspension due to non-payment.

### 5.3 Price Changes

We may modify pricing at any time. For active subscriptions, reasonable advance notice will be provided. This does not affect any mandatory consumer rights under applicable law.

## 6. INTELLECTUAL PROPERTY

### 6.1 Ownership

All rights, title, and interest in the Services, including software, source code, interfaces, documentation, and branding, remain the exclusive property of the Company or its licensors.

### 6.2 Feedback

If you submit feedback, suggestions, or bug reports, you grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use such feedback for any lawful purpose.

## 7. DATA PROTECTION & PRIVACY

Personal data is processed in accordance with applicable data protection laws, including the **EU General Data Protection Regulation (GDPR)** where applicable.

Details regarding categories of data processed, purposes, legal bases, retention periods, and your rights as a data subject are described in our **Privacy Policy**, which forms an integral part of these Terms.

## 8. LIMITATION OF LIABILITY

**READ THIS SECTION CAREFULLY.**

To the **maximum extent permitted by applicable law**, the Company shall not be liable for:

- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, goodwill, or business interruption
- Failure to detect, report, or notify of outages, disconnections, or device inactivity

**Liability Cap**

To the extent permitted by law, our total aggregate liability arising out of or relating to the Services shall not exceed the greater of:

- The fees paid by you for the Services during the **three (3) months** preceding the claim; or
- **USD $50.00**

**Mandatory Legal Exceptions**

Nothing in these Terms excludes or limits liability for **fraud, willful misconduct, gross negligence, personal injury, or any liability that cannot be excluded under applicable law**.

## 9. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its owner from any claims, damages, losses, liabilities, and expenses arising from:

- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of applicable laws or third-party rights

This obligation applies to the extent permitted by applicable law.

## 10. TERMINATION

We may suspend or terminate your access to the Services, in whole or in part, for material breach of these Terms or misuse of the Services, subject to applicable law. Where required, reasonable notice will be provided.

### 10.1 Account Deletion for Inactivity or Suspicious Activity

We reserve the right to delete, without prior notice, any account that:

- Has no recorded usage activity and has never completed a purchase; or
- Exhibits patterns of suspicious, fraudulent, or bad-faith activity (including but not limited to automated account creation, identity misrepresentation, or abuse of free tiers), regardless of purchase history

This right is exercised solely at our discretion and for the purposes of platform integrity, security, and resource management. Accounts with at least one confirmed prior purchase are not subject to deletion under this provision.

## 11. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of the **Republic of Armenia**, without regard to conflict-of-law principles.

If you are a **consumer residing in the EU or UK**, this choice of law does not deprive you of mandatory consumer protections granted by your country of residence.

Jurisdiction shall lie with the competent courts of **Yerevan, Armenia**, unless otherwise required by mandatory law.

## 12. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

## 13. CHANGES TO TERMS

We may update these Terms from time to time. Continued use of the Services after changes become effective constitutes acceptance, subject to applicable legal requirements.

## 14. CONTACT INFORMATION

**Entity:** Qrystal Partners (Mikayel Grigoryan, Individual Entrepreneur)

**Email:** support\[at\]qrystaluplink.io

**Location:** Yerevan, Armenia