Terms of Service

By accessing or using the Qpher PQC Security Cloud platform ("Service"), including the API at api.qpher.ai, the User Portal at portal.qpher.ai, and the documentation at docs.qpher.ai, you ("Customer") agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, you must not use the Service.

Qpher provides post-quantum cryptography (PQC) as managed API services. The Service includes: (a) Kyber768 key encapsulation mechanism (KEM) for encryption and decryption, (b) Dilithium3 digital signature generation and verification, (c) PQC key management including generation, rotation, retirement, and archival, (d) a Zero Trust policy engine for access control, (e) a User Portal for account management, API key management, billing, and analytics, and (f) developer documentation and SDK libraries. The Service uses NIST-standardized algorithms (FIPS 203, FIPS 204) via the liboqs-python library.

To use the Service, you must create an account by providing a valid email address, company name, and password. You are responsible for maintaining the confidentiality of your account credentials and API keys. You must notify Qpher immediately at security@qpher.ai if you suspect unauthorized access to your account. Qpher is not liable for losses arising from unauthorized use of your credentials. Each tenant account is isolated at the application level, and you must not attempt to access another tenant's data or resources.

The Service is offered under tiered pricing plans: Free ($0/month), Starter ($99/month or $83/month billed annually), Growth ($179/month or $149/month billed annually), Pro ($299/month or $249/month billed annually), and Enterprise (from $999/month, custom terms). Payment is processed through Stripe, Inc. Qpher never stores or has access to your full payment card details. Paid plans are billed in advance on a monthly or annual cycle. Annual billing constitutes a 12-month commitment. Prices are in US Dollars and exclude applicable taxes. Qpher reserves the right to change pricing with 30 days advance notice.

Monthly plans: a full refund is available within 7 days of a charge. After 7 days, no refund is provided; the plan remains active until the end of the billing period. Annual plans: a full refund (100%) is available within 14 days of the initial purchase; the subscription is terminated immediately upon refund. After 14 days, no refund is provided; the plan remains active until the end of the annual period. Annual plan renewals: a full refund is available within 7 days of the renewal charge. Downgrade from a higher to a lower tier results in prorated credit applied to the next invoice. Refund requests may be submitted through the portal at /settings/billing or by emailing billing@qpher.ai.

Starter, Growth, and Pro plans are eligible for a 14-day free trial. No credit card is required to start a trial. During the trial, the Customer receives full access to the selected plan tier. Upon trial expiration: if a payment method has been added, the subscription converts to a paid subscription automatically; if no payment method has been added, the account is downgraded to the Free plan with all data preserved. Each tenant is eligible for one trial per plan tier. Trial extensions are not self-service; Qpher support may grant a 7-day extension on a case-by-case basis.

Customers may cancel their subscription at any time through the portal at /settings/billing. Cancellation takes effect at the end of the current billing period (monthly or annual). The Service remains fully accessible until the period ends. Upon cancellation, the account is downgraded to the Free plan. All data, API keys, and PQC keys are preserved; PQC keys are moved to retired status but not deleted. Annual plan cancellations within the 14-day cooling-off period result in a full refund and immediate termination. Data deletion can be requested separately per our Data Handling policy.

Customers must comply with the Acceptable Use Policy available at /legal/acceptable-use. The Service must not be used for: (a) any activity that violates applicable laws or regulations, (b) attempting to circumvent security controls, rate limits, or tenant isolation, (c) reverse-engineering, decompiling, or extracting cryptographic key material, (d) distributing malware, conducting denial-of-service attacks, or facilitating unauthorized access to third-party systems, (e) storing or encrypting content that violates applicable laws, or (f) reselling the Service without written authorization from Qpher.

Qpher retains all intellectual property rights in the Service, including the API, User Portal, documentation, SDKs, and underlying infrastructure. The Customer retains all rights to their own data, including plaintext submitted for encryption and ciphertext returned by the Service. Qpher does not claim ownership of Customer data. The Customer grants Qpher a limited license to process their data solely for the purpose of providing the Service. Qpher uses open-source software components as documented at /legal/open-source; those components are subject to their respective licenses.

Qpher collects and processes personal data as described in the Privacy Policy at /legal/privacy. Customer plaintext submitted for encryption is transient: it is processed by the KMS-Orchestrator for encryption and is never stored, logged, or persisted. Qpher acts as a Controller for account and billing data and as a Processor for customer cryptographic data. A Data Processing Agreement (DPA) is available at /legal/dpa for enterprise customers requiring GDPR Article 28 compliance.

Uptime commitments vary by plan: Free (no SLA), Starter (99.5%), Growth (99.5%), Pro (99.9%), Enterprise (99.95%). Uptime is measured monthly using external monitoring. SLA credits are available for Pro and Enterprise plans as specified in the SLA at /legal/sla. Planned maintenance (announced 72 hours in advance) and force majeure events are excluded from uptime calculations. The SLA constitutes the sole and exclusive remedy for service unavailability.

To the maximum extent permitted by applicable law, Qpher shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunity, arising from or related to the use of the Service. Qpher total aggregate liability for any claims arising under these Terms shall not exceed the fees paid by the Customer in the 12 months preceding the claim. This limitation applies regardless of the legal theory (contract, tort, strict liability, or otherwise).

The Customer agrees to indemnify, defend, and hold harmless Qpher, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) the Customer's use of the Service, (b) the Customer's violation of these Terms or applicable law, (c) the Customer's content or data processed through the Service, or (d) any third-party claims arising from the Customer's use of the Service. Qpher will provide prompt notice of any claim and cooperate with the Customer's defense.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. Each party bears its own costs unless the arbitrator determines otherwise. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

Qpher reserves the right to modify these Terms at any time. Material changes will be communicated via email and in-portal notification at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree with the modified Terms, you must cancel your subscription before the effective date. The current version of these Terms is always available at qpher.ai/legal/terms.

These Terms, together with the Privacy Policy, Data Processing Agreement, Acceptable Use Policy, and Service Level Agreement, constitute the entire agreement between the Customer and Qpher relating to the Service and supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. The failure of Qpher to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. These Terms may not be assigned or transferred by the Customer without the prior written consent of Qpher. Qpher may assign these Terms without restriction. Headings are for convenience only and do not affect interpretation.

For questions about these Terms of Service, please contact us at: - **Legal**: legal@qpher.ai - **Sales**: sales@qpher.ai - **Support**: support@qpher.ai - **Security**: security@qpher.ai Qpher, Inc. Registered in the State of Delaware, United States. These Terms of Service are effective as of February 16, 2026.