Terms & Conditions

Last updated: January 2025

1. Acceptance of Terms

By accessing and using the MosaeQ platform, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.

These terms constitute a legally binding agreement between you (either an individual or an entity) and MosaeQ Quantum Technologies GmbH.

2. Service Description

MosaeQ provides quantum computing services through two models:

  • Quantum-as-a-Service (qSaaS): Direct access to quantum computing resources
  • Quantum-Platform-as-a-Service (qPaaS): Comprehensive platform with development tools, APIs, and integrations

Services are provided on a subscription basis with various tiers and capabilities. We reserve the right to modify, suspend, or discontinue any aspect of the service with reasonable notice.

3. Account Registration and Security

To use our services, you must:

  • Provide accurate and complete registration information
  • Maintain and update your information as necessary
  • Maintain the confidentiality of your account credentials
  • Be at least 18 years old or have legal capacity to enter contracts
  • Notify us immediately of any unauthorized account access

You are responsible for all activities that occur under your account.

4. User Responsibilities

You agree to:

  • Use the platform in compliance with all applicable laws and regulations
  • Ensure your computational requests do not violate any laws or third-party rights
  • Not attempt to circumvent platform security measures or access restrictions
  • Not use the platform for malicious, harmful, or illegal purposes
  • Not reverse engineer, decompile, or disassemble any part of the service
  • Not resell or redistribute access to the platform without authorization
  • Not interfere with or disrupt the integrity or performance of the service

5. Intellectual Property Rights and Ownership

5.1 Ownership of Platform

The MosaeQ platform, including all proprietary quantum algorithms, software, infrastructure, documentation, and related intellectual property, is the exclusive property of Mosae Zorg Industries. By using this service, you acknowledge and agree that all proprietary technology and methods are protected by copyright, patent, trademark, trade secret, and other intellectual property laws.

5.2 Your Content and Data

You retain all ownership rights to data, code, and content you submit to the platform. By using our services, you grant us a limited license to process your content solely for the purpose of providing our services. We do not claim ownership of your data or research results.

5.3 Open Source Components

Certain features incorporate open-source algorithms from third parties (such as EPA CompTox, OECD QSAR models) and are governed by their respective open-source licenses. These components are clearly identified in our documentation and are not subject to the competitive use restrictions outlined in Section 5.4.

5.4 Prohibited Competitive Use

By using the MosaeQ platform, you expressly agree NOT to:

  • Create Competing Services: Use any content, methodologies, algorithms, or insights gained from the MosaeQ platform to create, develop, or launch a competing quantum computing service or enterprise
  • Commercial Resale: Resell, sublicense, or redistribute access to MosaeQ services, results, or technology to third parties for commercial gain
  • Reverse Engineering: Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of our proprietary quantum acceleration technology
  • Technology Replication: Use the platform to study, analyze, or replicate our proprietary quantum computing methods for the purpose of creating similar technology
  • Unauthorized Vendor Activities: Position yourself or your organization as a vendor, service provider, or commercial distributor of MosaeQ-derived capabilities

5.5 Permitted Uses

You MAY use the MosaeQ platform for:

  • Internal Business Operations: Your own internal research, development, and operational needs
  • Academic Research: Non-commercial research and publication, provided proper attribution is given to MosaeQ
  • Product Development: Developing your own products and services that utilize MosaeQ as a tool (but not competing with MosaeQ itself)
  • Regulatory Compliance: Uses required for regulatory submissions, safety assessments, and compliance reporting
  • Open Source Integration: Using results with open-source components as permitted by their respective licenses

5.6 Results Ownership

Results generated through our services are owned by you, subject to these terms and our licensing agreements. However, the methods, processes, and technology used to generate those results remain the exclusive property of Mosae Zorg Industries.

Important: Violation of the competitive use restrictions may result in immediate termination of your account, legal action for breach of contract, and pursuit of damages. If you are uncertain whether a proposed use would violate these terms, please contact legal@mosaeq.com before proceeding.

6. Payment Terms and Billing

Subscription fees are billed according to your selected plan:

  • Fees are charged in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • You authorize us to charge your payment method automatically
  • Prices may change with 30 days advance notice
  • Failure to pay may result in service suspension or termination
  • You are responsible for all taxes associated with your subscription

7. Service Level and Availability

We strive to provide reliable service but do not guarantee:

  • Uninterrupted or error-free service
  • Specific uptime percentages (except as specified in Enterprise SLAs)
  • Specific response times for all queries

We may perform scheduled maintenance with reasonable notice. Emergency maintenance may occur without notice.

8. Data Protection and Privacy

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the GDPR. By using our services, you acknowledge that:

  • We collect and process data as described in our Privacy Policy
  • You are responsible for compliance when processing personal data through our platform
  • We implement appropriate security measures to protect your data

9. Limitation of Liability

To the maximum extent permitted by law:

  • MosaeQ provides services on an "as is" and "as available" basis without warranties of any kind
  • We are not liable for indirect, incidental, special, consequential, or punitive damages
  • Our total liability is limited to the amount you paid for services in the preceding twelve months
  • We are not responsible for results, decisions, or actions taken based on platform outputs

This limitation applies regardless of the form of action, whether in contract, tort, negligence, or otherwise. Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless MosaeQ, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the service, violation of these terms, or infringement of any third-party rights.

11. Termination and Suspension

11.1 By You

You may terminate your account at any time by contacting support. Termination does not entitle you to a refund of prepaid fees.

11.2 By Us

We reserve the right to suspend or terminate your account if you:

  • Violate these terms or our policies
  • Fail to pay amounts due
  • Engage in fraudulent or illegal activities
  • Pose a security risk to the platform or other users

11.3 Effect of Termination

Upon termination, your right to use the service ceases immediately. We will retain your data for 30 days for recovery purposes, after which it will be permanently deleted unless legally required to retain it longer.

12. Governing Law and Jurisdiction

These terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Any disputes shall be resolved exclusively in the courts of Berlin, Germany. For consumers, mandatory consumer protection laws of your country of residence may also apply.

13. Changes to Terms

We may modify these terms at any time. We will notify you of material changes by:

  • Posting the updated terms on our website
  • Sending an email to your registered address
  • Providing notice through the platform

Continued use of the service after changes constitute acceptance of the new terms.

14. Miscellaneous

14.1 Entire Agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and MosaeQ.

14.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

14.3 Assignment

You may not assign these terms without our written consent. We may assign our rights and obligations without restriction.

14.4 Force Majeure

Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disasters, war, terrorism, or government actions.

15. Contact Information

MosaeQ Quantum Technologies GmbH
Musterstraße 123
10115 Berlin
Deutschland

E-Mail: legal@mosaeq.com
Support: support@mosaeq.com
Website: www.mosaeq.com

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