Terms of Service.

1. Definitions

• “Content” means any data, code, text, files, or other material you submit to, or generate through, the Services.
• “Business Customer” means an organization that has entered into a services agreement or order with ArcQubit.
• “Personal Data,” “controller,” “processor,” and “processing” have the meanings given in the EU General Data Protection Regulation (GDPR) and, where applicable, the UK GDPR.
• “DPA” means the Data Processing Addendum made available to Business Customers.

2. Eligibility and Accounts

You must be at least 16 years old, or the age of digital consent in your jurisdiction, to use the Services. When you create an account, you agree to provide accurate information and to keep it current. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at info@arcqubit.ai of any unauthorized use.

3. The Services

ArcQubit provides software platforms, products, and professional services for post-quantum cryptography (PQC) migration, cyber-exposure management, and decision intelligence. We may update, enhance, or modify the Services from time to time. Where a change materially reduces core functionality of a paid Service, we will provide reasonable prior notice. Certain features may be offered as beta or “coming soon” and are provided without warranty.

4. Acceptable Use

You agree not to, and not to permit others to:

• Use the Services in violation of any applicable law or regulation, including export-control and sanctions laws.
• Access, probe, or scan systems or data you are not authorized to access, or use the Services to compromise the security of any system.
• Reverse engineer, decompile, or attempt to derive source code from the Services, except to the extent that restriction is prohibited by applicable law.
• Resell, sublicense, or provide the Services to third parties except as expressly permitted.
• Upload malware, or interfere with or disrupt the integrity or performance of the Services.
• Infringe the intellectual property, privacy, or other rights of any person.

ArcQubit security tooling must be used only against systems, code, and assets that you own or are expressly authorized to assess. You are solely responsible for obtaining that authorization.

5. Your Content

You retain all rights in your Content. You grant ArcQubit a limited, worldwide, non-exclusive license to host, process, and transmit your Content solely to provide, secure, and support the Services, and as otherwise permitted under these Terms and our Privacy Policy. You are responsible for your Content and for ensuring you have the rights necessary to submit it. ArcQubit does not use Business Customer Content to train AI or machine-learning models except as described in Section 5 of our Privacy Policy and any applicable DPA.

6. Data Protection and GDPR

ArcQubit processes Personal Data in accordance with our Privacy Policy and applicable data protection laws, including the GDPR and UK GDPR.

• Roles. When we determine the purposes and means of processing (for example, our own account, billing, and marketing data), we act as a controller. When we process Personal Data on behalf of a Business Customer through the Services, we act as a processor, and that processing is governed by the DPA.
• Lawful basis and rights. The legal bases on which we process Personal Data, and your rights of access, rectification, erasure, restriction, portability, and objection, are described in our Privacy Policy.
• International transfers. Where Personal Data is transferred outside the EEA, UK, or Switzerland, we rely on the safeguards described in our Privacy Policy, including the EU-US Data Privacy Framework, Standard Contractual Clauses, and the UK IDTA.
• Data Processing Addendum. Business Customers subject to the GDPR may enter into our DPA, which forms part of the agreement and includes the Standard Contractual Clauses where required. To request the DPA, contact compliance@arcqubit.ai.
• Security and breach notification. We maintain technical and organizational measures appropriate to the risk and will notify affected parties of a personal data breach as required by law.

7. Fees, Billing, and Taxes

Paid Services are billed on the plan you select (for example, subscription or usage-based pricing). Unless stated otherwise, fees are quoted exclusive of taxes, and you are responsible for applicable taxes. Subscriptions renew automatically for successive terms unless cancelled before the renewal date. Payments are processed by third-party payment providers; by submitting payment information you authorize the applicable charges. Except as required by law or expressly stated, fees are non-refundable.

8. Right of Withdrawal (EU/UK Consumers)

If you are a consumer in the EU or UK, you have the right to withdraw from a purchase of digital services within fourteen (14) days without giving a reason. If you request that we begin providing the Services during the withdrawal period, you acknowledge that you may lose the right of withdrawal once the Services have been fully performed, and that you will pay for Services provided up to the point of withdrawal. To exercise this right, contact info@arcqubit.ai before the period expires. Nothing in these Terms limits mandatory statutory rights that apply to you as a consumer.

9. Intellectual Property

The Services, including all software, models, documentation, designs, and trademarks, are owned by ArcQubit or its licensors and are protected by intellectual property laws. Subject to these Terms, ArcQubit grants you a limited, revocable, non-exclusive, non-transferable license to use the Services for your internal business or personal purposes. We welcome feedback, and you grant us a perpetual, royalty-free license to use any feedback you provide to improve the Services.

10. Third-Party Services

The Services may integrate with or link to third-party products and websites. ArcQubit is not responsible for third-party services, and your use of them is governed by their own terms and privacy policies.

11. Confidentiality

Each party may receive confidential information from the other. The receiving party will protect such information with reasonable care and use it only to exercise its rights and perform its obligations under these Terms, except where disclosure is required by law.

12. Disclaimers

Except as expressly stated and to the fullest extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ArcQubit does not warrant that the Services will be uninterrupted, error-free, or that they will detect or remediate every cryptographic or security exposure. Nothing in these Terms excludes or limits any warranty or liability that cannot lawfully be excluded or limited, including for consumers.

13. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. ArcQubit's total aggregate liability arising out of or relating to the Services will not exceed the greater of (a) the amounts you paid to ArcQubit for the Services in the twelve (12) months before the event giving rise to the claim, or (b) one hundred US dollars (US$100). These limitations do not apply to liability that cannot be limited under applicable law, including, where applicable, liability for death or personal injury, fraud, or a party's willful misconduct, and do not affect the mandatory statutory rights of consumers.

14. Indemnification

You agree to indemnify and hold ArcQubit harmless from claims, damages, and expenses arising from your Content, your use of the Services in breach of these Terms, or your violation of applicable law or the rights of a third party. This section does not apply to the extent a claim arises from ArcQubit's own breach or negligence, and does not apply to consumers except to the extent permitted by law.

15. Term and Termination

These Terms apply while you use the Services. You may stop using the Services at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Services or other users. Upon termination, your right to use the Services ceases. Handling of Personal Data and Content after termination is described in our Privacy Policy and any applicable DPA. Provisions that by their nature should survive (including Sections 5, 9, 11–14, and 16) will survive termination.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware. This choice of law and forum does not deprive you, where you are a consumer, of the protection of mandatory provisions of the law of your country of residence, and consumers may bring proceedings in the courts of their home jurisdiction where required by law. EU consumers may also use the European Commission's Online Dispute Resolution platform.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms here and update the effective date, and, where required by law, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

18. General

• Entire agreement. These Terms, the Privacy Policy, and any order or DPA form the entire agreement between you and ArcQubit regarding the Services.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices. We may provide notices by email or by posting on the Services.

19. Contact Us

If you have questions about these Terms, contact us at:

For questions about how we handle Personal Data, please see our Privacy Policy.