QuantumVault Platform Effective Date: 2025-08-07 Last Updated: 2025-08-07
This Agreement ("Agreement") is entered into by and between QuantumVault, a digital infrastructure and encrypted communications platform operating under the laws of the Republic of Chile, with its principal place of business in Santiago, Chile ("QuantumVault", "the Provider", "we", "us", or "our"), and any individual, entity, or legal person, whether natural or juridical, accessing, registering for, or otherwise utilizing in any capacity the technological systems, interfaces, protocols, or services made available by QuantumVault, hereinafter referred to collectively as the "Service", and individually or collectively as the "User", "you", or "your". The act of accessing, browsing, registering, uploading, transmitting, or otherwise interacting with any component of the Service—regardless of authentication status, account creation, or subscription tier—constitutes irrevocable, unequivocal, and legally binding assent to the entirety of these Terms and Conditions, including all incorporated policies, disclaimers, notices, and operational rules, which are hereby expressly adopted and integrated by reference. This Agreement supersedes any prior agreements, understandings, representations, or negotiations, whether oral, written, implied, or electronic, and governs exclusively the relationship between QuantumVault and the User with respect to the Service.
The Service constitutes a proprietary, end-to-end encrypted digital infrastructure designed to facilitate secure messaging and encrypted file storage ("Vault") through a hybrid cryptographic architecture combining post-quantum key encapsulation mechanisms (ML-KEM-512), asymmetric encryption (RSA-OAEP), and symmetric block ciphers (AES-256). The provision of the Service is strictly limited to a technical conduit for data transmission and storage, offered on an "as is", "as available", and "with all faults" basis, without any representation, warranty, or guarantee of functionality, reliability, continuity, integrity, confidentiality, or security. QuantumVault explicitly disclaims any fiduciary, custodial, or trustee obligations toward Users. The Service does not constitute, nor shall it be interpreted as, a telecommunications service, financial instrument, legal advice, or professional consultation of any kind. QuantumVault reserves the right to modify, suspend, discontinue, or terminate any aspect of the Service, including but not limited to cryptographic protocols, user interfaces, storage mechanisms, or network topology, at any time and for any reason, without notice, liability, or obligation to provide justification.
This Agreement shall remain in full force and effect from the moment of initial access to the Service until terminated by QuantumVault at its sole and absolute discretion, with or without cause, and without prior notice or liability. QuantumVault reserves the unilateral and irrevocable right to suspend, restrict, deactivate, or permanently terminate any User account, access credential, or session at any time, for any reason or no reason, including but not limited to perceived security risks, anomalous behavior, regulatory compliance requirements, technical maintenance, or commercial considerations. Upon termination, the User’s right to access the Service ceases immediately and absolutely. All data associated with the User’s account, including but not limited to encrypted files, messages, metadata, and cryptographic keys, may be irreversibly deleted, retained, or processed at QuantumVault’s exclusive discretion, without obligation to notify, restore, or compensate. The provisions contained in Sections 6 through 14 shall survive termination indefinitely, irrespective of the cause, manner, or timing thereof.
The User expressly acknowledges and agrees that use of the Service is strictly conditioned upon compliance with all terms herein and is granted solely as a revocable license, terminable at any time without notice. The User shall not: (i) engage in any form of reverse engineering, decompilation, disassembly, or source code derivation; (ii) deploy automated systems such as bots, crawlers, scrapers, or scripts to access, extract, or interfere with the Service; (iii) attempt to gain unauthorized access to accounts, systems, or networks; (iv) distribute malware, spam, phishing content, or exploit known or unknown vulnerabilities; (v) overload, impair, or disrupt QuantumVault’s servers, bandwidth, or infrastructure; or (vi) claim ownership, intellectual property rights, or equitable interests in any component of the Service. QuantumVault retains the absolute and unfettered right to monitor, log, analyze, decrypt, and record all User activity, including but not limited to message content, file payloads, metadata, IP addresses, device fingerprints, geolocation data, behavioral patterns, and cryptographic operations, for purposes of system integrity, security audits, regulatory compliance, artificial intelligence training, commercial exploitation, and internal review. Any violation of this Section constitutes a material and irremediable breach of contract, entitling QuantumVault to immediate enforcement remedies.
To access certain functionalities of the Service, the User must register an account by providing accurate, current, and complete information. The User is solely responsible for maintaining the confidentiality of all access credentials, including passwords, private keys, recovery phrases, multi-factor authentication (MFA) tokens, and biometric data. The User expressly waives any claim arising from unauthorized access due to failure to safeguard such credentials. QuantumVault shall not be liable for any loss, damage, or compromise resulting from the User’s negligence, misuse, or disclosure of authentication materials. QuantumVault may require identity verification, phone number validation, email confirmation, or additional authentication steps prior to granting full access. All registration data becomes part of the User’s profile and may be processed in accordance with QuantumVault’s data practices. QuantumVault reserves the right to reject, suspend, or delete any account at any time, without explanation, and to reclaim usernames or identifiers at its sole discretion.
The User hereby acknowledges, consents, and irrevocably waives any and all rights, claims, or expectations under any data protection, privacy, or confidentiality legislation, including but not limited to Regulation (EU) 2016/679 (GDPR), Directive 2002/58/EC (ePrivacy Directive), Ley 19.628 sobre Protección de la Vida Privada de Chile, California Consumer Privacy Act (CCPA), Virginia Consumer Data Protection Act (VCDPA), or any other national, supranational, or international legal framework. The User expressly recognizes that the Service does not guarantee privacy, data security, or confidentiality, and that QuantumVault, its authorized personnel, designated system administrators, and affiliated entities possess the absolute right to access, decrypt, review, analyze, retain, process, and disclose all data transmitted, stored, or processed through the Service, including but not limited to message content, file payloads, metadata, cryptographic keys, and usage logs, for any purpose, including but not limited to security monitoring, regulatory compliance, litigation support, commercial exploitation, artificial intelligence model training, and third-party data sharing. The User further acknowledges that metadata is not protected by end-to-end encryption and may be used without restriction. QuantumVault makes no representation or warranty regarding compliance with any data protection law and assumes no liability for any processing activity. The User assumes all risk associated with data transmission, storage, and access.
Use of the Service may be subject to fees, subscription plans, usage-based charges, or other financial obligations, as determined unilaterally by QuantumVault. All pricing is exclusive of taxes, duties, levies, or governmental charges, which the User is solely responsible for paying. Payments are processed through third-party providers and are non-refundable under any circumstances, including service interruption, dissatisfaction, performance degradation, or account termination. QuantumVault reserves the right to modify pricing, introduce new fees, alter billing cycles, or change subscription tiers at any time without prior notice. Failure to pay any amount when due shall result in immediate suspension or termination of service. QuantumVault disclaims all obligations beyond those minimally required by law, which it may elect not to observe where enforcement is deemed impractical, disproportionate, or jurisdictionally unenforceable. The User agrees that QuantumVault has no obligation to maintain service continuity, data integrity, or system availability, and expressly assumes all risk related to service performance, downtime, or data loss.
QuantumVault retains absolute, exclusive, and unfettered control over the Service, including the right to: (i) monitor, access, decrypt, and disclose all User data; (ii) modify, suspend, or discontinue any feature, functionality, or protocol; (iii) enforce these Terms through technical, administrative, or legal means; (iv) interpret these Terms in its sole discretion; and (v) transfer data globally, including to jurisdictions with inadequate data protection standards. QuantumVault shall not be liable for any failure to perform its obligations due to force majeure, technical failures, regulatory actions, cyberattacks, or other external factors. The User agrees to: (i) comply with all applicable laws and regulations; (ii) indemnify, defend, and hold harmless QuantumVault, its officers, directors, employees, affiliates, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the User’s use of the Service, the content transmitted, or any violation of these Terms; (iii) waive all rights to initiate, join, or benefit from any class action, collective proceeding, or representative lawsuit; and (iv) accept that QuantumVault may unilaterally alter the Service, these Terms, or operational policies without liability. QuantumVault acts solely as a neutral platform provider and assumes no responsibility for the legality, accuracy, or safety of user-generated content.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUANTUMVAULT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. QUANTUMVAULT EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR DATA INTEGRITY, CONFIDENTIALITY, AVAILABILITY, OR SECURITY. IN NO EVENT SHALL QUANTUMVAULT’S TOTAL LIABILITY TO THE USER FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED THE AMOUNT OF FEES PAID BY THE USER IN THE PRECEDING MONTH, OR ZERO DOLLARS IF NO FEES WERE PAID. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any violation of these Terms, including but not limited to unauthorized access attempts, reverse engineering, denial-of-service attacks, data scraping, or improper use of the Service, shall constitute a material, fundamental, and irremediable breach of contract. Upon such breach, QuantumVault reserves the right to: (i) immediately terminate the User’s account; (ii) pursue all available legal, equitable, and technical remedies; (iii) claim liquidated damages in the amount of USD 25,000 per violation as a reasonable pre-estimate of damages; and (iv) recover all legal costs, attorney fees, collection expenses, expert witness fees, and incidental damages. The User expressly acknowledges that monetary damages may be inadequate to compensate QuantumVault for harm to its business reputation, intellectual property, or system security, and that QuantumVault shall have the right to seek injunctive relief, specific performance, or other equitable remedies without posting bond. The User further agrees to pay QuantumVault’s attorneys’ fees in any action to enforce these Terms. Repeated violations may result in permanent blacklisting, reporting to law enforcement authorities, and civil or criminal prosecution.
These Terms shall be governed by and construed in accordance with the substantive laws of the Republic of Chile, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by the Santiago Chamber of Commerce, in accordance with its commercial arbitration rules. The arbitration shall take place in Santiago, Chile, and be conducted in English. The User expressly waives any right to a jury trial, class action, collective proceeding, or representative lawsuit. QuantumVault may seek injunctive or declaratory relief in any court of competent jurisdiction to prevent irreparable harm to its business interests, intellectual property, or systems. The User agrees to bear all costs of dispute resolution, including filing fees, arbitration costs, and legal expenses. The User further waives any statute of limitations defenses and agrees that any claim must be brought within six (6) months of the alleged cause of action. This clause shall survive termination.
QuantumVault reserves the absolute and unilateral right to modify, amend, supplement, or replace these Terms at any time, in its sole discretion, without prior notice. Continued use of the Service after the publication of revised Terms constitutes full and binding acceptance of the changes. It is the User’s sole responsibility to review these Terms periodically. The most current version shall be available on the Service interface. QuantumVault may also issue supplemental policies, guidelines, or operational rules, which shall be incorporated by reference. In the event of any conflict, the latest version of these Terms shall prevail. Modifications may include, but are not limited to, changes to data practices, liability disclaimers, payment terms, and user obligations.
All notices from QuantumVault to the User shall be effective upon posting within the Service interface or transmission to the User’s registered email address. Notices from the User to QuantumVault must be sent via certified mail to QuantumVault’s registered office in Santiago, Chile, and shall not be binding until actually received. The User may not assign, transfer, or delegate any rights or obligations under these Terms without QuantumVault’s prior written consent. QuantumVault may freely assign, transfer, or delegate these Terms and its rights hereunder to any third party, including affiliates, successors, or purchasers, without notice. If any provision of these Terms is held to be invalid, unenforceable, or void, the remaining provisions shall remain in full force and effect. QuantumVault’s failure to enforce any right or provision shall not constitute a waiver of such right. These Terms constitute the entire agreement between the parties and supersede all prior understandings. The User expressly waives any rights under consumer protection laws, unfair competition laws, or other statutory provisions that would otherwise limit the enforceability of these Terms. QuantumVault may enforce these Terms through automated technical measures, including account suspension, IP blocking, cryptographic revocation, or data deletion, without notice.