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Terms of Service

Effective Date: September 18, 2025

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 (or the legal age of majority in your jurisdiction).

  • You must provide accurate and complete account information.

  • You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3. Use of Services

  • You may use the Services only in accordance with these Terms, applicable laws, and the Documentation.

  • You must not:

    • Access or attempt to access the Services without authorization.

    • Interfere with or disrupt the Services’ integrity or performance.

    • Reverse engineer or copy the Services except as expressly permitted by law.

  •  We reserve the right to suspend or terminate access if you violate these Terms.

4. Customer Data and Privacy

  • Ownership: You retain all rights, title, and interest in Customer Data.

  • License: You grant us a limited license to use, host, copy, and process Customer Data solely to provide and improve the Services.

  • 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 not disclose Customer Data to third parties except:

    • To sub-processors engaged to provide the Services (subject to confidentiality obligations).

    • As required by law.

    • With your prior consent.

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 retain all rights, title, and interest in the Services and related intellectual property.

  • No Transfer: Nothing in these Terms transfers ownership of intellectual property rights.

  • Feedback: If you provide feedback, you grant us a worldwide, perpetual, 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 immediately if the other materially breaches these Terms and fails to cure within 30 days’ notice.

  • 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 sub-processors implement security measures consistent with our commitments.

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

  • 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 claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of:

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

    • Your violation of law or third-party rights.

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

  • Any disputes will be resolved by binding arbitration / courts located in Howard County, Maryland.

  • 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., a Delaware corporation

Email: contact@EigenQ.com
Address: 9175 Guilford Rd, Suite 300, Columbia, MD 21046, 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 Use of Cookies
  • 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 Use of 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.

For any questions or requests regarding our Terms of Service, please contact: contact@EigenQ.com

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