GENERAL TERMS AND CONDITIONS
Quarma360 Performance Evaluation Platform
Effective date: 12 November 2025 | Version: 1.0
1. SERVICE PROVIDER IDENTIFICATION
Name: NW Business Korlátolt Felelősségű Társaság (NW Business Ltd.)
Registered seat: 6500 Baja, Szabadság út 79. 2. emelet 9. ajtó., Hungary
Company registration number: 03-09-138461
Tax number: 32576340-2-03
EU VAT number: HU32576340
E-mail: [email protected]
Phone: +36 70 265 2651
Website: https://quarma360.com
2. DEFINITIONS
Service Provider: NW Business Ltd., the operator of the Platform.
Platform / System: The Quarma360 performance evaluation SaaS application, available at app.quarma360.com.
Client / Organization: The legal entity or sole entrepreneur using the Platform, who accepts these General Terms and Conditions (GTC) upon registration.
Administrator: The person designated by the Client organization who has full access to the organization’s data and configuration settings.
User / Employee: An employee of the Client organization who participates in the evaluation process.
Evaluation Period / Assessment: A performance evaluation cycle that is opened, conducted and closed by the Administrator.
Billing Unit: One employee participating in one evaluation period. The basis of fee calculation: number of evaluated employees × number of evaluation periods.
3. SUBJECT MATTER AND SCOPE OF THE AGREEMENT
3.1. Subject of the Service
The Service Provider provides a B2B SaaS-based performance evaluation system that enables 360-degree competency-based evaluation of employees, bonus/malus calculation, and documentation and analysis of performance data.
3.2. Conclusion of the Agreement
The agreement is concluded upon the Client’s online registration and confirmation of the registration. Completion of the registration constitutes the Client’s express acceptance of these GTC.
3.3. Term of the Agreement
The agreement is concluded for an indefinite period. The Client’s account remains continuously active after registration, regardless of the frequency of evaluation periods.
4. REGISTRATION AND ACCESS
4.1. Registration Obligations
During registration, the Client is obliged to provide true, accurate and up-to-date data, in particular: the organization’s official name, company registration number, tax number, name and e-mail address of the Administrator, and billing address.
4.2. Protection of Access Credentials
The Client is responsible for keeping its login credentials confidential. In case of any unauthorized access or suspicion thereof, the Client shall immediately notify the Service Provider.
4.3. Two-Factor Authentication
The Service Provider may apply two-factor authentication (2FA). Use of a verification code sent to the Administrator’s e-mail address may be mandatory in order to enhance security.
5. TRIAL PERIOD
5.1. Duration of the Trial Period
For new registrations, the Service Provider provides a free trial period of 5 working days.
5.2. Features Available During the Trial Period
During the trial period, the Client may fully use the Platform, including adding employees, configuring competencies, setting up the organizational structure and creating test evaluations. Opening a live (production) evaluation period is not possible during the trial period.
5.3. Payment Request
Upon expiry of the trial period, all functions of the Platform are locked except for the payment page. The Administrator may only continue using the Platform and open live evaluation periods after payment of the initial fee.
5.4. Initial Fee
The initial fee is a one-time fee required to start production use of the Platform. The amount of the fee is determined by the Service Provider, and the current pricing is available on https://quarma360.com.
5.5. Data Retention After the Trial Period
If the Client does not pay the initial fee within 60 days following the expiry of the trial period, the Service Provider is entitled to lock the Client’s account and delete or anonymize the related data in accordance with the Privacy Policy.
6. PRICING AND PAYMENT TERMS
6.1. Pricing Model
The Service Provider applies a pay-per-user-per-assessment model. The billing unit is one employee participating in a single evaluation period. Example: if an organization evaluates 20 employees in one evaluation period, the fee payable = 20 × unit price.
6.2. Prices and Changes
The current unit price is published on https://quarma360.com. The Service Provider is entitled to change the prices and shall notify Clients of such changes at least 30 days in advance by e-mail. The change does not affect evaluation periods already in progress; it only applies to new evaluations after the notification.
6.3. Advance Payment When Opening an Evaluation Period
When the Administrator opens a new evaluation period, the System automatically calculates and prepares the payable amount based on the number of employees participating. The evaluation period can be opened, but it can only be closed and finalized after payment of the fee.
6.4. Closing the Evaluation Period and Payment
Evaluations may be completed before payment; however, the evaluation period can only be closed and the results can only be finalized once the fee has been paid.
6.5. Payment Methods
The Service Provider supports the following payment methods: bank card and other online payment methods via the Barion Payment Gateway. Bank card and other payment-related data are not transmitted to the merchant. The service is provided by Barion Payment Zrt., an institution under the supervision of the Central Bank of Hungary (Magyar Nemzeti Bank), licence number: H-EN-I-1064/2013.
6.6. Invoicing
The Service Provider issues an accounting document (invoice) automatically for each fee paid via the Billingo system and sends it to the Client by e-mail.
6.7. VAT
Prices are in Hungarian forints (HUF). Based on the Client’s registered seat and VAT status, the Service Provider applies the applicable VAT rate or the rules of reverse charge.
7. REFUND POLICY
7.1. In Case of Successfully Completed Evaluations
No refunds are possible for closed and finalized evaluation periods, as the service has been fully performed.
7.2. Refund Due to Technical Error
If the Platform is demonstrably unusable for the Client due to a technical error attributable to the Service Provider and, as a result, the Client is unable to complete the given evaluation period, the Service Provider shall refund or credit the fee for that evaluation period.
7.3. Submitting a Refund Request
Refund requests may be submitted by e-mail to [email protected] within 15 days from the date on which the error or obstacle occurred. The Service Provider evaluates the request within 30 days and informs the Client of its decision by e-mail.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Ownership of the Platform
The source code of the Platform, the database structure, design elements, trademarks and all related intellectual creations are the exclusive property of the Service Provider.
8.2. Licence
The Service Provider grants the Client a non-exclusive, non-transferable, worldwide licence to use the Platform within the framework of these GTC.
8.3. Client Data and Anonymized Data
The data uploaded to the Platform by the Client (in particular employee data, evaluation results, competencies) are the exclusive property of the Client. The Service Provider processes these data solely in the capacity of data processor. The Service Provider is entitled to use anonymized, aggregated statistical data generated from the Client’s data, which do not enable the identification of any natural person, without restriction for the purposes of service development, performance analysis and reporting.
9. CLIENT OBLIGATIONS
9.1. Lawful Use
The Client shall use the Platform solely for lawful purposes and in compliance with applicable Hungarian and EU laws, in particular the GDPR and labour law provisions.
9.2. Informing Employees
The Client is obliged to inform employees participating in the evaluation process in advance and in writing about the purpose and legal basis of the performance evaluation, the personal data processed, the use of the evaluation results and the rights of data subjects.
9.3. Accuracy of Data
The Client is responsible for the accuracy and up-to-date nature of the employee data recorded in the Platform (in particular names, e-mail addresses, positions).
9.4. Prohibited Activities
The Client is not entitled to perform reverse engineering, decompilation or source code de-obfuscation of the Platform, to conduct automated data collection (scraping, use of bots), to bypass the security systems of the Platform, to grant usage rights to third parties (except for its own employees), or to record special categories of personal data under Article 9 of the GDPR (especially health data, religious beliefs, data revealing racial or ethnic origin) in the Platform.
10. DATA PROCESSING AND DATA PROTECTION
10.1. Privacy Policy
The detailed rules of data processing are set out in the Quarma360 Privacy Policy available at app.quarma360.com/privacy. These GTC shall be interpreted together with the Privacy Policy, and together they form an integral part of the agreement.
10.2. Data Protection Roles
With regard to employee performance evaluation, the Client qualifies as data controller and the Service Provider qualifies as data processor pursuant to points (7) and (8) of Article 4 of the GDPR.
10.3. Data Processing Agreement
The Service Provider provides data processing guarantees in accordance with Article 28 of the GDPR. The subject matter, nature and duration of the data processing, the categories of data subjects and personal data, as well as the obligations and rights of the data processor are set out in detail in the Privacy Policy and, where applicable, in a separate Data Processing Agreement (DPA), which forms an integral part of these GTC. Ensuring the direct exercise of data protection rights by the data subjects (employees) is the responsibility of the Client.
10.4. Data Export and Deletion
The Client is entitled at any time to export its data in CSV, JSON or Excel format. Upon termination of the agreement, the Service Provider deletes or irreversibly anonymizes the Client’s organizational and employee data within 30 days, in accordance with the then current Privacy Policy. Data stored in backups remain available for a maximum of 15 days solely for data security and disaster recovery purposes and are not subject to active data processing. Billing and accounting data are retained for 8 years in accordance with applicable laws (in particular the Accounting Act). After anonymization, the data no longer qualify as personal data and may be used without restriction for system development and statistical purposes.
11. LIABILITY AND WARRANTY
11.1. Disclaimer of Warranty
The Service Provider provides the Platform on an “as is” basis. The Service Provider does not warrant that the Platform will operate error-free and without interruption in all cases, that it will fully meet all specific needs of the Client, or that it will achieve any particular business result expected by the Client.
11.2. Limitation of Liability
The contractual liability of the Service Provider under these GTC is limited to the total amount of fees paid by the Client to the Service Provider during the last 12 months. The Service Provider shall not be liable for any indirect damages, including but not limited to lost profits, business losses or loss of data. This limitation of liability does not exclude or limit the Service Provider’s liability in cases where the damage results from intentional conduct or gross negligence, or where the damage relates to injury to life, bodily integrity or health.
11.3. Force Majeure
Force majeure events (irresistible external causes) are governed by Section 14 of these GTC.
11.4. Security Measures
The Service Provider is committed to maintaining the security of the Platform and handles data security incidents in accordance with Articles 33–34 of the GDPR.
12. AVAILABILITY AND MAINTENANCE
12.1. Availability
The Service Provider endeavours to ensure 24/7 availability of the Platform; however, it does not provide a specific, percentage-based uptime guarantee.
12.2. Scheduled Maintenance
The Service Provider reserves the right to carry out regular maintenance work. Where possible, the Service Provider shall notify Clients of scheduled maintenance at least 48 hours in advance by e-mail or by displaying a notice within the Platform.
12.3. Emergency Maintenance
In the event of security updates or critical errors, the Service Provider is entitled to perform urgent maintenance without prior notice, which may result in temporary service interruptions.
13. TERMINATION OF THE AGREEMENT
13.1. Immediate Termination by the Client
The Client may terminate the agreement at any time without giving reasons. Termination does not affect evaluation periods already paid for and closed, nor services already performed by the Service Provider.
13.2. Termination in Case of Payment Default
If the Client is in payment default for more than 30 days, the Service Provider is entitled to suspend the Client’s account and to terminate the agreement with a further grace period of 15 days.
13.3. Termination in Case of Serious Breach of the GTC
The Service Provider is entitled to terminate the agreement with immediate effect if the Client seriously breaches the provisions of these GTC (in particular but not limited to: attempting unauthorized access, bypassing security systems, reverse engineering, using the Platform for illegal activities).
13.4. Consequences of Termination
Upon termination of the agreement, the Client’s access to the Platform may be immediately revoked. The Service Provider deletes or anonymizes the Client’s data within 30 days in accordance with the Privacy Policy (except for billing and accounting data that must be retained by law). The Client may request the export of its data within 30 days following termination.
14. FORCE MAJEURE AND SERVICE DISRUPTION
14.1. Irresistible External Cause (Force Majeure)
Force majeure means any event beyond the control of the parties that is unforeseeable and unavoidable, and which temporarily or permanently prevents the performance of the agreement, including but not limited to: natural disasters, war, acts of terrorism, pandemics, nationwide internet outages, large-scale cyberattacks, and governmental or regulatory measures.
14.2. Exemption from Liability
In the event of force majeure, the Service Provider is exempt from the performance of its contractual obligations for the duration of the force majeure, to the extent that performance is directly prevented by the event.
14.3. Notification Obligation
In case of force majeure, the Service Provider shall, where possible, promptly notify Clients by e-mail or via the Platform and provide information on the expected recovery time.
15. MISCELLANEOUS PROVISIONS
15.1. Entire Agreement
These GTC, the Privacy Policy and the data provided during registration constitute the entire agreement between the parties regarding the use of the Platform and supersede all prior oral or written agreements on the same subject matter.
15.2. Amendment of the GTC
The Service Provider is entitled to unilaterally amend these GTC. The Service Provider shall notify Clients of material amendments at least 30 days before their effective date by e-mail. Continued use of the Platform after the effective date of the amendment shall be deemed acceptance of the amended GTC by the Client.
15.3. Prohibition of Assignment
The Client may not assign its rights and obligations under the agreement to any third party without the prior written consent of the Service Provider.
15.4. Severability
If any provision of these GTC is held invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions. The parties shall replace the invalid provision, where possible, with a provision that most closely reflects the original economic intent.
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1. Governing Law
These GTC and the agreement between the parties are governed by Hungarian law, in particular: Act V of 2013 on the Civil Code, Act CVIII of 2001 on Certain Issues of Electronic Commerce Services, and Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR).
16.2. Dispute Resolution
The parties undertake to seek to resolve any disputes arising between them primarily by amicable negotiations.
16.3. Competent Court
In the absence of an amicable settlement, the parties agree that the court with jurisdiction at the registered seat of the Service Provider, currently the Kecskeméti Törvényszék (Kecskemét Regional Court), shall have exclusive jurisdiction to adjudicate the dispute.
16.4. Consumer Protection Provisions
These GTC apply exclusively to B2B (business-to-business) agreements. Consumer protection laws – including in particular the right of withdrawal applicable to consumers – do not apply, as consumers (natural persons acting outside their trade, business or profession) may not use the Platform.
17. CONTACT AND SUPPORT
17.1. Customer Service
E-mail: [email protected] | Available languages: Hungarian, English | Response time: generally within 48 hours on working days.
17.2. Technical Support
For technical questions, the Client may use the online help system and documentation available within the Platform. In urgent cases, direct support may be requested at [email protected].
18. FINAL PROVISIONS
18.1. Effective Date
These GTC are effective as of 12 November 2025.
18.2. Authentic Version
The authentic language of these GTC is Hungarian. In case of any discrepancies between the Hungarian version and any English or other language translation, the Hungarian version shall prevail.
18.3. Acceptance
Completion of the registration and clicking the “Register” or “I Accept” button constitutes the Client’s express and irrevocable acceptance of these GTC.
Last modified: 12 November 2025 | Version: 1.0
NW Business Korlátolt Felelősségű Társaság, 6500 Baja, Szabadság út 79. 2. emelet 9. ajtó, Hungary | [email protected]