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. The Qpher Vault iOS application is governed by Apple's standard end-user license agreement (EULA) together with the Privacy Policy at /legal/privacy.

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. You must be at least 13 years of age to use the iOS Qpher Vault. Customers must be at least 18 years of age or the age of majority in their jurisdiction of residence, whichever is greater, to enter into these Terms. We do not knowingly collect personal information from children under 13; if we become aware that we have collected such information, we will delete it promptly. Parents who believe their child under 13 has opened an account may email privacy@qpher.ai.

The Service is offered under tiered pricing plans: Explorer ($0/month), Starter ($79/month or $63/month billed annually), Professional ($199/month or $159/month billed annually), Enterprise ($399/month or $319/month billed annually), and Enterprise+ (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, Professional, and Enterprise 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 Explorer 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 Explorer 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.

Individual users may delete their account via the iOS Qpher Vault app (Settings → Delete Account). Deletion initiates a 30-day grace period during which the account is non-functional but recoverable: the user may sign in again and tap 'Restore Account' to reactivate. After 30 days, the account, vault documents, and associated cryptographic material are removed from Qpher's active systems, with full purge from encrypted backup storage within a further 14 calendar days (backup retention cycle). For accounts removed by an organization administrator, the restoration window is reduced to 10 minutes as an operational-safety buffer (not a user-recovery window); affected users who believe their removal was unauthorized should contact their administrator or email support@qpher.ai immediately. Deletion requests may also be submitted via email to privacy@qpher.ai; we process verified requests within 30 calendar days per GDPR Article 12(3) and applicable law. This in-app deletion path satisfies Apple App Store Guideline 5.1.1(v) account-deletion requirement.

Organization owners may delete their organization via the User Portal (Settings → Organization → Danger Zone). Deletion is gated by step-up multi-factor authentication and typed name confirmation. Deletion initiates a 30-day grace period during which the organization is non-functional for all members but fully recoverable by the owner via 'Restore Organization' from the Settings page. Member user accounts at the individual level remain intact during the grace period. Shared documents and organization-scoped API keys are inaccessible during grace. Organization ownership transfer to another user is not currently supported; an owner who wishes to leave their role while preserving the organization must contact support@qpher.ai. After 30 days the organization, shared documents, and organization-scoped API keys are removed from Qpher's active systems, with full purge from encrypted backup storage within a further 14 calendar days. Organization owners should coordinate with organization members and any third parties whose data the organization processes before initiating deletion; Qpher is not responsible for disruption to member workflows or third-party data-processing activities resulting from organization deletion.

When you initiate deletion of an organization, your subscription is automatically set to cancel at the end of the current billing period (Stripe `cancel_at_period_end=true`). No new billing charges are issued during the grace period beyond the current billing period. If the current billing period ends before the 30-day grace period completes, the subscription terminates at the period boundary and Stripe issues no further charges. If you restore your organization before the current billing period ends, your subscription resumes seamlessly without interruption. If you restore after the billing period has ended, the subscription will have already terminated; you may re-subscribe from the billing settings page at any time during the remaining grace period or afterward. No prorated refund is issued for the remaining days of the current billing period upon deletion. This Section 7.3 does not alter your rights under Section 5 (Refund Policy); where Section 5 grants a refund right (e.g., within 7 days of a charge for monthly plans), Section 5 takes precedence. Individual-account deletion via the iOS Vault follows the same cancel-at-period-end semantics for any associated individual subscription.

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: Explorer (no SLA), Starter (99.5%), Professional (99.5%), Enterprise (99.9%), Enterprise+ (99.95%). Uptime is measured monthly using external monitoring. SLA credits are available for Enterprise 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 Commonwealth of Virginia, 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 Richmond, Virginia. 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 LLC Registered in the Commonwealth of Virginia, United States. 8401 Mayland Dr Ste A, Richmond, VA 23294, USA These Terms of Service are effective as of February 16, 2026.

This Qpher Legacy Rider ("Rider", Sections 18 through 18.9) applies if you purchase, subscribe to, or use Qpher Legacy — the digital legacy vault service operated through the Qpher Legacy iOS application and its associated claim and release infrastructure — as a vault owner. The Rider supplements these Terms for Qpher Legacy only and does not alter your use of any other Qpher service. For any dispute arising out of or relating to Qpher Legacy, to the extent of any conflict between this Rider and Sections 12–14, this Rider controls. Persons you designate to receive or confirm the release of documents (heirs and confirmers) are not parties to these Terms. Recipients accept the separate Legacy Receiver Terms presented at final receipt; a reference copy is published at qpher.ai/legal/legacy-receiver-terms. Your designation itself is made through the separate Legacy Designation Agreement presented in the app, which is distinct from these Terms and requires its own affirmative confirmation. The Consumer Health Data Privacy Policy at qpher.ai/legal/consumer-health-data governs consumer health data as described there. Qpher Legacy subscriptions are purchased through Apple In-App Purchase and are billed, renewed, and canceled through your Apple account; designated recipients are never charged to claim or receive documents. Qpher Legacy stores and releases documents according to your instructions. It is not a will or other testamentary instrument, it does not provide legal advice, and storing a document in Qpher Legacy does not make it legally valid or enforceable — consult an attorney about testamentary validity. If you cannot access your account, you (or someone acting at your direction) may place a veto or hold on any pending claim through Qpher support after identity verification, without app login, by contacting support@qpher.ai. **Acceptance of this Rider.** You accept this Rider by a distinct, affirmative action in the Qpher Legacy app — a checkbox or equivalent, presented with a conspicuous link to this Rider — completed before your first Qpher Legacy purchase or first Legacy designation takes effect. Your acceptance, the version of this Rider shown to you, and the date and time are recorded. The 30-day opt-out period in Section 18.5(f) runs from that recorded acceptance.

This Rider, your Legacy Designation Agreement, and Sections 12 (Limitation of Liability), 13 (Indemnification), and 14 (Governing Law and dispute resolution) of these Terms, each as modified by this Rider, survive your death or incapacity and are binding on your estate and on your heirs, devisees, legatees, distributees, personal representatives, successors in interest, and assigns, in each case with respect to any claim they assert that is derived from, or that belongs to, you or your estate. Being a person you designate to receive or confirm the release of documents does not by itself make anyone a party to these Terms (see Section 18); where such a person also asserts a claim derived from you or your estate, this Section binds them in that capacity only, and their own claims as a recipient are governed by the separate Legacy Receiver Terms. Your estate takes subject to your Legacy Designation.

Your Legacy Designation is: (a) a direction regarding disclosure of your digital assets made through an online tool within the meaning of applicable fiduciary digital-asset access statutes (including state enactments of the Revised Uniform Fiduciary Access to Digital Assets Act), made in an agreement distinct from these Terms by a distinct affirmative act, and modifiable or revocable by you at any time; and (b) your lawful consent under 18 U.S.C. §2702(b)(3), given by you as subscriber and originator while alive, to Qpher's disclosure of the contents of your designated documents to your designated recipients upon completion of your release policy. Your consent in (b) is a present, continuing consent that remains effective after your death without any further authorization from your estate, a court, or any other person, and does not operate as an agency or power of attorney. Where state law gives your online-tool designation priority over a will, trust, or power of attorney, you intend that priority to apply; where it does not, your consent and this contract remain the basis for disclosure.

You will indemnify and hold harmless Qpher from third-party claims, losses, and reasonable costs (including attorneys' fees) arising out of: (i) your Legacy Designation and policy settings, including your selection of recipients, confirmers, delay period, sealed status, and claim code handling; (ii) the contents of documents you place in your Legacy Vault; and (iii) disputes among your heirs, estate, or other persons concerning your designation — except to the extent caused by Qpher's failure to follow your policy, or Qpher's gross negligence or willful misconduct.

Qpher discloses Legacy Vault contents to designated recipients solely on the basis of your §2702(b)(3) consent and, where applicable, your online-tool designation under state law. Qpher does not verify death. Release occurs only upon completion of your release policy (claim, confirmer quorum, delay, absence of veto), and Qpher is entitled to rely in good faith on claimant and confirmer representations (including the claimant's sworn death attestation) made in that process.

Section 14 continues to govern disputes that do not arise out of or relate to Qpher Legacy, including disputes about the Qpher SaaS API and User Portal. For any dispute arising out of or relating to Qpher Legacy, the following applies in place of the arbitration provisions of Section 14. Where it is disputed whether a claim arises out of or relates to Qpher Legacy, this Section 18.5 (AAA Consumer Arbitration Rules) governs that threshold question and applies to the claim; Section 14's Commercial Arbitration Rules never apply to any dispute in which you participate as a consumer Qpher Legacy owner. (a) Agreement to arbitrate. Any dispute between you and Qpher arising out of or relating to Qpher Legacy shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section 18.5; these Terms otherwise remain governed by the laws of the Commonwealth of Virginia as provided in Section 14. Qpher will pay all arbitration fees other than the consumer filing fee capped by the AAA Consumer Arbitration Rules. Arbitration will be conducted in the county where you reside or remotely, at your election. (b) Small-claims carve-out. Either party may instead bring an individual claim in small-claims court in the county where you reside, and may remove an arbitration to small-claims court if the claim qualifies. (c) Public injunctive relief. Nothing in this Rider waives your right, if you are a California resident (or where law otherwise so provides), to seek public injunctive relief in court; any claim for public injunctive relief is severed and stayed pending arbitration of all other claims. (d) Coordinated filings. If 25 or more similar demands are filed by or with the coordination of the same or related counsel, the AAA Mass Arbitration Supplementary Rules (including their fee schedule) apply as written. Nothing in this paragraph limits any remedy or delays a filed demand except as those Rules provide. (e) Class waiver. Disputes under this Section 18.5 will be arbitrated only on an individual basis; class, collective, and representative proceedings are waived. This waiver does not apply to public injunctive relief under paragraph (c) or to any claim for which such a waiver is prohibited by law. (f) Your right to opt out. You may opt out of the arbitration agreement and class waiver in this Section 18.5 by emailing legal@qpher.ai within 30 days of the date you accepted this Rider as recorded under Section 18 (Acceptance of this Rider), stating your name and account email. Opting out does not affect your subscription, your Legacy policy, or any other Term. (g) Severability. If any provision of this Section 18.5 is found unenforceable, it shall be severed and the remainder enforced, except: (i) if the class waiver in paragraph (e) is held unenforceable as to a claim, that claim (and only that claim) proceeds in court, and the arbitration agreement remains enforceable for all other claims; and (ii) a finding that paragraph (d) is unenforceable severs paragraph (d) alone and does not affect the agreement to arbitrate. No finding as to any single clause shall render this arbitration agreement as a whole unenforceable if it can be enforced without the offending clause.

Section 12 (Limitation of Liability), including its cap of the fees paid by you in the 12 months preceding the claim, applies to Qpher Legacy. For disputes arising out of or relating to Qpher Legacy, however, the cap and exclusions in Section 12 do not apply to: (a) willful misconduct; (b) gross negligence; (c) fraud or fraudulent misrepresentation; or (d) any liability that cannot be limited under applicable law, including liability that may not be exempted under California Civil Code §1668.

Qpher Legacy is designed for long-lived storage, and its cryptography is selected for decades-scale confidentiality. The design lifetime of the cryptography is not, by itself, a guarantee that the service will operate for any particular period. Qpher therefore makes the following service-continuity commitment for Qpher Legacy: If Qpher decides to terminate Qpher Legacy (in whole or in substantial part, including in a wind-down of Qpher's business), Qpher will provide at least 180 days' advance notice to you by email and in-app notification before the service terminates, and will maintain an export window throughout that notice period. During the export window: (a) accounts holding an armed Legacy policy will be switched to an exportable state, so that Legacy Vault documents can be exported in the portable encrypted .qpher format (or an equivalent documented format); (b) all known designated contacts on armed policies will be notified; and (c) the service may operate in a reduced, export-only mode — new signups and new uploads may be suspended while export, claim processing, and support remain available. This commitment survives any assignment of the Qpher Legacy service as described in Section 18.8.

Notwithstanding Section 16, Qpher may assign these Terms, this Rider, and the Qpher Legacy service, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the assets relating to Qpher Legacy. Any such assignment transfers to, and expressly binds, the assignee with respect to: (a) the service-continuity and wind-down commitment in Section 18.7; and (b) your Legacy Designation as your lawful instruction and consent under Section 18.2. You will be notified of any assignment of the Qpher Legacy service by email and in-app notification. Your rights under this Rider are personal to you and, except as provided in Section 18.1 for your estate, may not be assigned by you.

A lapse or non-renewal of your Qpher Legacy subscription does not, by itself, delete anything. While a Legacy policy of yours is armed, Qpher will not delete your Legacy Vault documents, your designation, or your policy because your subscription has lapsed; the policy stays claimable, your confirmers can still respond, and your veto and your right to disarm remain available to you at all times. What a paid plan otherwise includes is determined by the plan you hold — this Section is a commitment about preservation and about your continuing control over your policy, not about plan features. This Section is subject to Section 18.7 (Service Continuity and Wind-Down); it does not survive disarmament, veto, or deletion of your account; and it does not extend any retention period described in the Privacy Policy at qpher.ai/legal/privacy, including the retention period that follows a completed release.