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Terms and Conditions

Effective August 13, 2024


READ CAREFULLY THESE TERMS AND CONDITIONS, AS THEY, TOGETHER WITH THE APPLICABLE ONLINE ORDER FORM ON WHICH THEY ARE REFERENCED AND OTHER DOCUMENTS INCORPORATED THEREIN, CONSTITUTE A LEGALLY BINDING AGREEMENT AND GOVERN ANY USE OF STITCH. BY ORDERING AND/OR RENEWING STITCH, INCLUDING WHETHER ON A TRIAL, BETA, OR EVALUATION BASIS, CUSTOMER AGREES TO THE AGREEMENT (DEFINED BELOW) WITH TALEND, INC. (“QLIK”). IF CUSTOMER DOES NOT AGREE WITH THE AGREEMENT, CUSTOMER MUST NOT ACCESS OR USE STITCH.

  1. Definitions. Any capitalized terms not defined herein will be defined in the QCA. 1.1. “Agreement” means the following documents in the following order of precedence: (i) these Terms and Conditions, (ii) the applicable Order Form, (iii) the Qlik Customer Agreement (“QCA”), and (iv) the Privacy Policies. 1.2. “Billing Cycle” means the billing frequency specified in the Order Form. 1.3. “Order Form” means the Stitch online ordering form, whether for trial and/or paid Stitch products, made available at www.stitchdata.com and submitted by Customer. 1.4. “Overage” means any use of Stitch in excess of the parameters set out in the Stitch plan. 1.5. “Privacy Policies” mean the Qlik Privacy & Cookie Notice and the Qlik Product Privacy Notice found at https://www.qlik.com/us/legal/privacy-and-cookie-notice and https://www.qlik.com/us/legal/product-privacy-notice, respectively. 1.6. “Stitch” means the Stitch Qlik Cloud subscription as ordered by Customer on the applicable online order. 1.7. “Qlik Customer Agreement" means the general terms and conditions for Stitch found at https://www.qlik.com/us/legal/legal-agreements.
  2. Fees; Payment Processing; Suspension. 2.1. Fees will be automatically charged based on the applicable Stitch plan ordered by Customer. Qlik may suspend Customer’s access to Stitch upon written notice for Customer’s failure to pay any applicable fees. Qlik will promptly restore the suspended Customer’s access to Stitch upon receipt of all applicable fees owed, including interest. 2.2. Qlik uses a third-party payment processing service to process all Stitch transactions (“Payment Processing Provider”). Customer shall provide either a valid credit card, or other acceptable method of electronic payment as approved by Qlik, to Qlik’s Payment Processing Provider and shall take all necessary steps to authorize automatic payment, as follows: (i) the Payment Processing Provider may, as applicable, automatically charge fees and any applicable taxes in advance on the periodic basis (i.e., monthly or annually) set forth in the online Order Form; and (ii) for Overages and/or any upgrades to Stitch, the Payment Processing Provider may, as applicable, automatically charge the associated Overages and/or fees and any applicable taxes in arrears or at the time the applicable upgrade order is placed, respectively. Customer consents to the disclosure of billing information to such Payment Processing Provider. Customer may receive a receipt upon Qlik’s receipt of payment or may obtain a receipt from Stitch to track your subscription status and fees. Any failure by Customer to provide the electronic payment information within ten (10) days of the execution of an online Order Form or commencing use of Stitch on a non-trial basis may result in the cancellation of the transaction by Qlik. Customer hereby waives any requirement it may have to process payments under an invoice via a purchase order and agrees to pay Qlik in accordance with the payment methods described in this Section. Customer agrees to promptly notify Qlik of any change in account number, date of expiration or any other information necessary to ensure uninterrupted processing of any fees.
  3. Term; Entire Agreement; Survival. 3.1. Notwithstanding anything to the contrary in the Qlik Customer Agreement, the term of the Agreement shall commence upon Customer’s completion and submission of the Order Form and shall continue until termination or expiration. 3.2. Either party may terminate the Agreement, for any reason or no reason whatsoever, by delivering notice of termination to the other party. In the event of such termination by Qlik (i) the Agreement and access to Stitch shall terminate as of the desired effective date in the notice, and (ii) Customer shall be entitled to a pro rata refund of any prepaid unused fees. In the event of such termination by Customer, (i) if Customer is on a monthly Billing Cycle, then the Agreement and Stitch subscription shall terminate immediately and Customer shall be entitled to a pro rata refund of any prepaid unused fees, or (ii) if Customer is on an annual Billing Cycle, then the Agreement and Stitch subscription shall terminate at the end of the Billing Cycle and in no event will Customer be entitled to any refunds. Customer may submit a notice of termination within the Stitch platform. 3.3. This Agreement supersedes all prior written or oral agreements between Customer and Qlik, including its Affiliates, for Stitch. Unless otherwise specified herein, Qlik may modify this Agreement at any time and will provide written notice of such update upon a material change in the terms. 3.4. During the term of the Agreement, Customer shall be permitted to use Stitch exclusively for Customer’s benefit and internal business operations. In no event shall Customer provide third parties the ability to configure, manage, or access Stitch. 3.5. In addition to the surviving sections identified in the QCA, these Terms and Conditions shall survive termination or expiration of the Agreement.