TopQAD1Qbit

TopQAD™ Beta Software Terms and Conditions

Effective Date: August 14, 2025

These Terms and Conditions (the "Terms") govern your (or "you" or "Customer") access to and use of the beta version of the Topological Quantum Architecture and Design (TopQAD) software and online services suite (the "Services") provided by 1QB Information Technologies Inc ("1QBit"). By creating an account, using the Services, or continuing to use the Services after changes to these Terms have been posted, you agree to be bound by these Terms.

1. Eligibility and Account Creation

To access the Services, you must create an account by signing up online. You agree to provide accurate, current, and complete information during registration and not to impersonate or misrepresent your identity or someone else's identity. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

If you create a TopQAD account on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. You may not transfer your account credentials to any other person or entity.

2. Account Closure

To close your TopQAD account, you may send a request via email to topqad@1qbit.com. Account closure will result in the termination of your access to the Services. 1QBit does not guarantee that any data associated with your account will be retained or recoverable following account closure and 1QBit reserves the right to permanently delete all data associated with your account immediately upon account closure, and Customer acknowledges that such data may not be recoverable once deleted. Customer is solely responsible for backing up any data it wishes to retain prior account closure.

3. License and Acceptable Use

Subject to your compliance with these Terms, 1QBit grants you a limited, conditional, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use TopQAD solely via your online account during a limited period, decided at the sole discretion of 1QBit ("Beta Period"). You may publish results derived from your use of the TopQAD Services provided that you ensure that any published material includes appropriate attribution to the TopQAD Services by citing TopQAD as described in the documentation available at topqad.1qbit.com. This clause does not permit the disclosure of any proprietary information or trade secrets of 1QBit. 1QBit may close your account, without notice, at any time during or following the Beta Period. Customer acknowledges that 1QBit makes no guarantees regarding the duration of access.

This software is licensed, not sold. 1QBit reserves all rights not expressly granted to you under these Terms.

You may not:

  • Attempt to probe, scan, penetrate or test the vulnerability of the Services or any related system or network, or breach any security or authentication measures, circumvent or bypass any technical or security measures in the Services;

  • Disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any part of the software or Services;

  • Use the Services in a manner that directly competes with 1QBit or the Services or to develop a competing service or product;

  • Publish, copy, rent, lease, sell, export, import, distribute, or lend the software or Services without 1QBit's prior written authorization;

  • Transfer or share your credentials, account, license, or access rights to any other person;

  • Use the Services in any way that interferes with others' use, or to gain unauthorized access to any system or data;

  • Use any automated system, bot, crawler, spider, or other automated means to access or use the Services or its content;

  • Attempt to exceed or circumvent any rate limitations, usage quotas, or other technical limitations of the Services; or

  • Transmit any viruses, malware, or other malicious code through the Services.

4. User Content and Inputs

You retain ownership of the content, inputs you provide and output generated from processing your content and inputs while using the Services ("User Content") excluding any feedback, suggestions or recommendations you provide regarding the Services ("Feedback"). You hereby assign to 1QBit all right, title and interest in and to all Feedback. By using the Services, you grant 1QBit a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, store, modify, analyze, publish, display, distribute, and create derivative works from your inputs and resulting outputs, including but not limited to improving and developing our services or products, provided that any personally identifiable information is removed prior to such use. Customer is solely responsible for its User Content including for backing up and saving any User Content processed or stored with TopQAD. Customer acknowledges that 1QBit will not be liable for any loss, destruction or damage to User Content or other data. Customer is solely responsible for properly configuring and using TopQAD and for retrieving any User Content processed or stored in connection with TopQAD. Where any User Content remains in TopQAD after the Terms terminate or expire, then, subject to applicable laws, 1QBit may unilaterally delete such User Content at any time after the expiration or termination.

You are solely responsible for ensuring that your inputs, outputs, information and User Content do not infringe the intellectual property rights or confidentiality obligations of any third party, or violate any laws. You agree to keep confidential any non-public information about the Services, including but not limited to performance data, technical specifications, security measures, and any feedback provided to 1QBit regarding the Services. This confidentiality obligation survives termination of these Terms.

5. Beta Access and Eligibility

Access to the Services is limited to individuals who:

  • Are registered attendees of IEEE Quantum Week 2025 (QCE25), or

  • Have received an express, written invitation from 1QBit.

Use of the Services by any other individual or entity is strictly prohibited and constitutes a breach of these Terms.

1QBit provides the Services at no charge during the Beta Period. Customer acknowledges and agrees that the Services are experimental in nature and may contain bugs, errors and defects. Access is granted at the sole discretion of 1QBit and may be revoked, modified, or suspended at any time without prior notice and without any liability to Customer. Customer assumes all risks associated with use of the Services. 1QBit does not guarantee or promise that the Services will become a commercial service. If the beta Service transitions into a commercial service, 1QBit reserves the right to impose charges for use and access to such commercial service. Users will be required to agree to and be bound by new terms and conditions, distinct from these Terms, which will govern the continued use of the commercial services. These new terms and conditions will be communicated to users, and continued use of the commercial services will be contingent upon acceptance of these new terms.

6. Disclaimers and Limitations

The Services are provided "as is" and "as available," without warranties of any kind, express or implied. 1QBit makes no guarantees, warranties or conditions of any kind, whether express, implied, statutory or otherwise, including but not limited to:

  • The availability, performance, or quality of the Services;

  • The accuracy, completeness, or usefulness of any output generated;

  • The retention of your data or continued access to your account or outputs;

  • That submitted jobs or tasks will complete successfully or remain uninterrupted.

You acknowledge and agree that:

  • 1QBit may terminate or suspend your access to the Services at any time, with or without cause or notice;

  • 1QBit may delete or discontinue any jobs submitted to the software without warning;

  • 1QBit is under no obligation to preserve data or content submitted during the Beta Period.

    1QBIT DISCLAIMS ALL LIABILITY AND SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 1QBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (I) THESE TERMS; (II) THE USE OF OR INABILITY TO USE THE SERVICES; (III) ANY CHANGES TO OR UNAVAILABILITY OF THE SERVICES; OR (IV) ANY USER CONTENT OR THIRD PARTY CONDUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. IN ANY EVENT THAT 1QBIT BECOMES LIABLE TO YOU OR ANY THIRD PARTY, 1QBIT'S AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED $1.00 CAD. CUSTOMER AGREES THAT, WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, CUSTOMER HEREBY GIVES UP ITS RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Customer will defend and indemnify 1QBit from and against all claims, and costs, expenses and resulting damages awarded (including reasonable attorneys' fees) to the extent arising from: (a) Customer's use of TopQAD (including claims by any customer or business partner of Customer); (b) Customer's breach of any of its obligations, representations or warranties under these Terms; or (c) a claim that the User Content infringes or violates any intellectual property or other rights of any third party or violates the law. 1QBit will use reasonable efforts (a) promptly notify you of any claim, and (b) give you the sole control over the defense of such Claim. However, if 1QBit fails to notify you, then you will be relieved of your obligations under this paragraph only if and to the extent your ability to defend the claim is materially prejudiced by such failure. You may not settle or compromise a Claim without 1QBit's prior approval. Upon your assumption of the defense of such claim, 1QBit will cooperate with you in such defense, at your expense. Notwithstanding the foregoing, 1QBit will have sole control over any action, claim or proceeding related to its intellectual property rights or confidential information.

7. Changes to Terms

1QBit reserves the right to update or modify these Terms at any time. Notice of material changes will be provided via the Services or by email. Your continued use of the Services following such changes constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you must stop using the Services and close your account.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to any conflict of laws principles.

You agree that any dispute, claim, or proceeding arising out of or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of the Province of British Columbia, and you irrevocably consent to the personal jurisdiction and venue of such courts.

9. Export Compliance

You agree to comply with all applicable laws in respect of the Services and these Terms, including without limitation, all applicable export, import, and economic sanctions laws and regulations, including but not limited to:

  • The Export and Import Permits Act (EIPA) and regulations administered by Global Affairs Canada;

  • Any applicable laws of other jurisdictions, including the U.S. Export Administration Regulations (EAR), where use of the Services may involve technology subject to U.S. jurisdiction.

You represent and warrant that:

  • You are not located in, organized under the laws of, or ordinarily resident in any country or territory that is subject to Canadian or other applicable government sanctions or embargoes;

  • You are not listed on, or acting on behalf of any party listed on, any restricted or denied party list maintained by Canada, the United States, or other applicable jurisdictions;

  • You will not use, export, re-export, transfer, or otherwise make available the Services or any related technical data in violation of applicable export or sanctions laws.

You further agree not to use, or permit or facilitate others to use, the Services or any outputs directly or indirectly in connection with any violation of application law, or the development, production, or use of nuclear, chemical, or biological weapons, or missile technologies.

10. Privacy

By using the Services, you acknowledge and agree that 1QBit may collect, store, and process certain information, including personal information, provided during account creation or use of the Services in accordance with 1QBit's privacy policy located at https://1qbit.com/privacy-policy/. If you have questions or requests regarding your data, or wish to exercise your rights above, you may contact us at privacy@1qbit.com or through such other contact methods as may be specified in our privacy policy.

You acknowledge and agree that we may collect and use personal information (including your name, IP address, and other identifying information). to:

  • Conduct the user authentication required for the user account

  • Confirm that Export Compliance terms in Section 9 are being met.

You can withdraw your consent at any time; however, doing so triggers the closure of your account. To do so, please follow the process under Section 2, Account Closure. Withdrawing consent does not affect the lawfulness of processing before withdrawal. User Content is distinct from Personal Data and will be treated as described under Section 4, User Content and Inputs.

11. Contact Information

If you have any questions about these Terms or the Services, please contact:

1QBit

Email: topqad@1qbit.com

Address: PO Box 16012, 1221 Lynn Valley Road, North Vancouver, BC, V7J 1A1.