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Terms of Service

Effective Date: September 18, 2026

These Terms of Service (“Terms”) constitute a binding agreement between EigenQ, Inc. (“Company,” “we,” “us,” or “our”) and you (“Customer,” “you,” or “your”). By accessing or using our services, websites, applications, or related offerings (collectively, the “Services”), you agree to these Terms. If you are entering into these Terms on behalf of an entity, you represent that you are authorized to bind that entity.

1. Definitions

  • Customer Data” means any data, content, or information that you provide, submit, or upload to the Services.

  • Documentation” means user guides, policies, and technical documentation provided by us regarding the Services.

  •  “Order Form” means a written or electronic order specifying the Services to be provided, executed by you and us.

2. Eligibility and Accounts

You must be at least 18 years old and have reached the age of majority in your jurisdiction to create an account or use the conferencing platform. Where an account is required, you must provide accurate information, keep it current, protect your credentials and promptly notify us of suspected unauthorized access. You are responsible for activity you authorize and for unauthorized activity resulting from your failure to take reasonable precautions, except to the extent caused by our breach of these Terms.

3. Use of Services

Subject to these Terms, you may use the Services only in accordance with applicable laws, and the Documentation. This permission does not authorize resale, redistribution of substantial website content, or use of our trademarks without permission.

  • You must not:

    • Access or attempt to access the Services without authorization.

    • Infringe intellectual property, privacy or other rights, impersonate others, commit fraud, send spam, or engage in unlawful harassment, threats or exploitation;

    • Resell or commercially embed the Services without our written authorization; or

    • Use automated means to extract nonpublic content or collect personal information without authorization
       

You must comply with applicable export controls, sanctions and import laws and must not use or provide the Services where prohibited by those laws.

4. Customer Data and Privacy

  • Ownership: You retain all rights, title, and interest in Customer Data. You must have the rights and permissions necessary to share it and permit its processing as described in these Terms. You are responsible for the lawfulness of the content you provide and your decisions about what to share.

  • License: You grant us a nonexclusive, worldwide, royalty-free license to use, host, copy, and otherwise process Customer Data solely to provide and improve the Services, carry out your authorized instructions, and comply with applicable law. We may extend this permission to service providers only as necessary for those purposes and subject to appropriate confidentiality and data protection obligations.

  • Privacy: We will handle Customer Data in accordance with our Privacy Policy.

  • Security Measures: We will implement reasonable and appropriate technical and organizational measures, including:

    • Encryption of Customer Data in transit and at rest.

    • Access controls restricting Customer Data to authorized personnel.

    • Monitoring, logging, and incident response procedures.

  • Data Return/Deletion: Upon termination or upon request, we will return or delete Customer Data in accordance with our data retention policy, except where retention is required by law.

5. Service Commitments

  • Availability: We will use commercially reasonable efforts to maintain availability of the Services, excluding scheduled maintenance and events beyond our control.

  • Support: We will provide technical support as described in the applicable Order Form or support policy.

  • Confidentiality: We will keep Customer Data confidential and protect it using at least reasonable care. We will use Customer Data only as permitted under these Terms and restrict access to personnel who need access for those purposes and are subject to confidentiality obligations.

  • We will not disclose Customer Data to third parties except:​
    • To subprocessors engaged to provide the Services (subject to confidentiality obligations).

    • As required by law or binding legal process, provided that, where legally permitted, we give you prompt prior notice and reasonable assistance, at your expense, in seeking confidential treatment or limiting disclosure. We will disclose only the Customer Data legally required to be disclosed.

    • With your prior consent including disclosures to recipients you authorize through your use of the Services, and only within the scope of that authorization.

6. Fees and Payment

  • Fees are specified in the applicable Order Form.

  • All fees are due as stated and are non-refundable unless otherwise specified.

  • Late payments may incur interest at the lesser of 1.5% per month or the maximum allowed by law.

  • You are responsible for all applicable taxes.

7. Intellectual Property

  • Our Rights: We and our licensors retain all rights, title, and interest in the Services, website materials, software, trademarks, and related intellectual property.

  • No Transfer: Nothing in these Terms transfers ownership of intellectual property rights and rights not expressly granted are reserved. Third-party and open-source materials remain subject to their applicable licenses.

  • Feedback: If you voluntarily provide product suggestions or feedback, you grant us a worldwide, perpetual, royalty-free, irrevocable license to use it without restriction.

8. Term and Termination

  • Term: These Terms remain in effect until terminated.

  • Termination for Convenience: Either party may terminate with 30 days’ prior written notice.

  • Termination for Cause: Either party may terminate for a material breach not cured within 30 days after written notice; an incurable material breach may justify immediate termination.

  • Effect of Termination: Upon termination:

    • Your right to use the Services ends.

    • We will return or delete Customer Data as described in Section 4.

    • Any unpaid fees remain due.

9. Security and Data Protection

  • We maintain an information security program aligned with industry standards.

  • We will notify you of any confirmed security incident involving Customer Data without undue delay.

  • We will cooperate with you in investigations and remediation efforts related to such incidents.

  • We will ensure subprocessors implement security measures consistent with our commitments.

10. Disclaimers
  • The Services are provided “as is” and “as available.”

  • Except as expressly provided in these Terms or an applicable written agreement, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

  • We do not warrant that the Services will be error-free or uninterrupted.

11. Limitation of Liability
  • To the fullest extent permitted by law, our liability for any claim arising out of these Terms will not exceed the fees paid by you in the 12 months preceding the event.

  • We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenues, data, or goodwill.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their officers, directors, employees, and agents against third-party claims and any resulting damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees), to the extent arising out of:

  • Your use of the Services in violation of these Terms.

  • Your violation of applicable law or third-party rights in connection with the Services, including through Customer Data you submit or share.
     

This obligation does not apply to the extent a claim results from the Company's breach of these Terms, negligence, or willful misconduct.
 

We will promptly notify you of any claim for which we seek indemnification, permit you to control the defense using counsel reasonably acceptable to us, and provide reasonable cooperation at your expense. Any delay in notice will relieve you of your obligations only to the extent you are materially prejudiced by that delay. We may participate in the defense with our own counsel at our expense. You may not settle a claim without our prior written consent if the settlement admits fault by, imposes any nonmonetary obligation on, or fails to fully release any indemnified party. Such consent will not be unreasonably withheld, conditioned, or delayed.

13. Governing Law and Dispute Resolution
  • These Terms are governed by the laws of the State of Delaware without regard to conflict of laws.

  • Any disputes will be resolved by binding arbitration / courts located in Delaware.

  • You waive the right to a jury trial.

14. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will provide notice through the Services or by email. Continued use after such changes constitutes acceptance of the revised Terms.

15. Miscellaneous
  • Entire Agreement: These Terms, together with any Order Form, constitute the entire agreement.

  • Assignment: You may not assign these Terms without our prior written consent.

  • Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.

  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

  • Waiver: Our failure to enforce a provision is not a waiver of future enforcement.

16. Contact Information

For questions about these Terms, contact us at:
 

EigenQ, Inc., 

Email: contact@EigenQ.com
Address: 701 Brazos St., Suite 1600, Austin, TX 78701, USA

17. Relationship to Other Agreements

These Terms constitute the general terms governing use of the Services. They are complementary to, and not a substitute for, any specific agreements (such as a Master Subscription Agreement, Data Processing Agreement, or Order Form) that may be separately executed between you and the Company.
 

In the event of a conflict between these Terms and the terms of a separately executed written agreement, the terms of the specific agreement will prevail to the extent of the conflict.

18. Cookies and Tracking Technologies
18.1 Use of Cookies

We use cookies, web beacons, pixels, and similar tracking technologies (“Cookies”) to:

  • Enable the basic functionality of the Services.

  • Improve performance, security, and user experience.

  • Analyze usage and traffic patterns.

  • Provide personalized content and targeted advertising (where permitted).

18.2 Types of Cookies We Use
  • Essential Cookies: Required for core functionality such as login, security, and fraud prevention.

  • Performance and Analytics Cookies: Help us understand how the Services are used, so we can improve features and usability.

  • Functional Cookies: Remember your preferences and settings.

  • Advertising Cookies: Track your activity across websites and may be used to deliver targeted ads (only where legally permitted).

18.3 Your Choices
  • You can adjust your cookie preferences through your browser settings (e.g., blocking or deleting cookies).

  • Please note that disabling certain cookies may limit the functionality of the Services.

  • Where required by law (e.g., EU, UK), we will request your consent before setting non-essential cookies.

18.4 Third-Party Cookies

Some cookies are placed by third-party providers (such as analytics or advertising partners). We do not control these cookies, and their use is subject to the third parties’ own privacy policies.

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