Terms of Service

1. Acceptance of Terms

By accessing or using QuantumGuard ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

QuantumGuard provides encrypted file storage and sharing using post-quantum cryptography (ML-KEM-1024) and zero-trust architecture. All files are encrypted client-side on your device before upload. QuantumGuard cannot access, decrypt, or recover your files or encryption keys.

3. Account Registration

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account.

5. Subscription Plans & Payment

• Subscription fees are billed in advance on a monthly basis.
• All fees are non-refundable except as required by law.
• We reserve the right to change pricing with 30 days' notice.
• Subscription billing begins immediately upon plan purchase unless otherwise specified.
• Failure to pay subscription fees may result in account suspension or termination.
• Payment processing is handled by Stripe. You agree to Stripe's terms of service.

6. Prohibited Uses

You may not use QuantumGuard to:

• Store, transmit, or share illegal content or content that violates any applicable law.
• Store classified government information, ITAR-controlled technical data, or export-controlled materials.
• Store or distribute child sexual abuse material (CSAM) or any content depicting minors in sexual situations.
• Store or distribute malware, viruses, ransomware, or other harmful code.
• Violate intellectual property rights of others.
• Harass, threaten, or harm others.
• Attempt to circumvent security measures or access other users' data.
• Use the Service for unauthorized access to computer systems (hacking).
• Resell or redistribute the Service without written permission.
• Use automated systems (bots, scrapers) to access the Service excessively.

7. Compliance with Export Controls

QuantumGuard implements cryptographic technology subject to U.S. export controls. You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.

8. Content Responsibility

• You retain all ownership rights to your content.
• You are solely responsible for the content you upload and share.
• We do not monitor, review, or access your encrypted content (zero-knowledge architecture).
• We may remove content or suspend accounts if we become aware of violations, even without accessing encrypted content (based on metadata, reports, or legal requirements).

9. Service Availability

• We strive for 99.9% uptime but do not guarantee uninterrupted service.
• We may perform maintenance that temporarily interrupts service.
• We are not liable for service interruptions, downtime, or data loss due to technical issues.

10. Termination

Your Rights:

• You may cancel your subscription at any time through your account settings.
• For paid subscriptions: You will retain access until the end of your billing period, after which your account, organization (if any), and all associated member accounts will be permanently deleted.
• For trial/pilot subscriptions: Your account and organization will be deleted immediately upon cancellation.
• All encrypted data will be permanently and irreversibly removed.

Our Rights:

• We may suspend or terminate your account for violations of these Terms.
• We may terminate accounts that remain inactive for more than 12 months.
• We may terminate the Service entirely with 90 days' notice.

Effect of Termination:

• Upon termination, your right to use the Service ceases at the end of your billing period (or immediately for trials/pilots).
• All data is permanently deleted when access ends.
• Subscription fees are non-refundable upon termination for cause.

12. Indemnification

You agree to indemnify, defend, and hold harmless QuantumGuard and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your content

13. Cryptographic Disclaimers

• QuantumGuard uses NIST-standardized post-quantum cryptographic algorithms (ML-KEM-1024, FIPS 203).
• While these algorithms are designed to resist quantum computer attacks, we make no absolute guarantees against future cryptographic breakthroughs or vulnerabilities.
• Cryptographic security depends on proper implementation, key management, and uncompromised client devices. We are not responsible for security breaches resulting from compromised user devices, weak passwords, or social engineering attacks.

14. Compliance & Certifications

• QuantumGuard is designed for sensitive but unclassified commercial data.
• We are NOT FedRAMP authorized or approved for classified government information.
• We are NOT ITAR compliant and cannot be used for ITAR-controlled technical data.
• SOC 2 Type II certification is in progress but not yet completed.
• Our architecture supports HIPAA requirements. Business Associate Agreements (BAA) are available upon request for healthcare customers.

15. Modifications to Terms

• We may modify these Terms at any time by posting updated Terms on our website.
• Continued use of the Service after modifications constitutes acceptance of the new Terms.
• For material changes, we will provide 30 days' notice via email.

16. Modifications to Service

• We reserve the right to modify, suspend, or discontinue any feature of the Service at any time.
• We are not liable for any modification, suspension, or discontinuation of the Service.

17. Dispute Resolution & Arbitration

Arbitration Agreement:

• Any dispute arising from these Terms or use of the Service shall be resolved through binding arbitration, not court litigation.
• Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
• You waive your right to a jury trial and to participate in class action lawsuits.
• Either party may seek injunctive relief in court for intellectual property disputes or urgent matters.

Exceptions:

Small claims court disputes under $10,000 may be brought in small claims court.

Opt-Out:

You may opt out of arbitration by sending written notice within 30 days of account creation to: support.net

18. Governing Law

These Terms are governed by the laws of California, United States, without regard to conflict of law principles.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and QuantumGuard regarding use of the Service.

21. Contact Information

For questions about these Terms:

• Email: support.net

22. Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or successor without your consent.