# Terms of Service

> **Customization required.** This template is provided for policy operations and counsel review. Replace every `NEXQ-reviewed value`, verify every factual statement, and confirm applicability before publication. The template is not legal advice and does not create an attorney-client relationship.

**Effective date:** September 18, 2024  
**Last updated:** September 18, 2024  
**Owner:** NEXQ privacy, security, and legal operations  
**Applies to:** NEXQ websites, web applications, protected workspace surfaces, mobile app surfaces, APIs, secure healthcare and healthtech workflow demonstrations, quantum encryption, diagnostics, oncology, longevity, research collaboration, support, and related services

These Terms govern access to and use of NEXQ's websites, web applications, mobile applications, APIs, content, and related services.

## 1. Agreement
By accessing or using the services, you agree to these Terms and any order form, service agreement, product-specific terms, DPA, BAA, or EULA that applies. If you use the services for an organization, you represent that you have authority to bind that organization.

## 2. Accounts
You are responsible for accurate account information, credentials, authorized users, account activity, and timely notices of suspected compromise. We may suspend accounts for security risk, illegal activity, nonpayment, or material breach.

## 3. Acceptable use
You may not misuse the services, interfere with security or availability, reverse engineer except where law permits, submit malware, violate rights, scrape without permission, use the services for illegal discrimination, create unlawful content, or use AI/healthtech features contrary to documentation.

## 4. Customer content
You retain rights to content you submit. You grant NEXQ a limited license to host, process, transmit, display, and use customer content as necessary to provide, secure, support, and improve the services, subject to applicable agreements and privacy commitments.

## 5. AI outputs
AI outputs may be inaccurate, incomplete, biased, or unsuitable for your use case. You are responsible for reviewing outputs before relying on them. AI outputs are not legal, medical, financial, or professional advice unless expressly provided by a qualified professional under a separate agreement.

## 6. Healthcare disclaimer
Unless expressly agreed in a regulated clinical agreement, the services do not provide emergency medical services, medical diagnosis, treatment, or professional medical advice. Contact emergency services for emergencies and consult qualified professionals for health decisions.

## 7. Fees, subscriptions, and cancellation
Fees, subscription terms, renewals, taxes, refunds, and cancellation rights are described in the applicable order, checkout flow, or subscription policy. We will provide required disclosures before charging and will maintain cancellation mechanisms required by law.

## 8. Intellectual property
NEXQ and licensors retain all rights in the services, software, documentation, trademarks, and technology. You may not remove proprietary notices or use our marks without permission.

## 9. Third-party services
Third-party integrations are governed by their own terms and policies. We are not responsible for third-party services outside our control.

## 10. Beta and preview features
Beta features are provided as-is, may change or be discontinued, may be subject to additional terms, and should not be used for production, regulated, or safety-critical workflows unless approved.

## 11. Disclaimers
The services are provided as described in the applicable agreement. To the maximum extent permitted by law, we disclaim warranties not expressly stated, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

## 12. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits/revenues/data. Liability caps should be completed in the applicable agreement and reviewed by counsel.

## 13. Indemnity
Indemnity obligations, if any, should be set out in the applicable commercial agreement. Consumer terms should be reviewed for enforceability in each jurisdiction.

## 14. Governing law and disputes
Governing law, venue, arbitration, class waiver, jury waiver, and consumer exceptions must be customized. Insert: Governing law, venue, arbitration, class waiver, jury waiver, and consumer exceptions are controlled by the applicable signed agreement or, where no signed agreement applies, by counsel-approved NEXQ terms published for the relevant service..

## 15. Changes
We may update these Terms. Material changes will be communicated as required. Continued use after the effective date means acceptance where permitted by law.

## Audit addendum
Terms must be harmonized with privacy notices, subscription terms, EULAs, app-store rules, sector laws, arbitration/class-action provisions, venue, governing law, consumer-law limitations, refund policies, acceptable use, and age requirements. Do not include unenforceable waivers or disclaimers prohibited by applicable law.