1. Acceptance of Terms
Welcome to 4Quays. These Terms of Service ("Terms") govern your access to and use of the services, software, and platform provided by 4Quays Corp. ("4Quays," "we," "us," or "our"), including our crypto agility platform, APIs, and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Services.
2. Description of Services
4Quays provides an enterprise crypto agility platform designed to help organizations manage cryptographic transitions and prepare for quantum-ready security. Our Services include:
- Cryptographic Key Management: Tools for generating, storing, rotating, and managing cryptographic keys across your infrastructure.
- Algorithm Migration: Capabilities to assess, plan, and execute transitions between cryptographic algorithms, including post-quantum cryptography (PQC) readiness.
- Compliance and Audit Tools: Features to help meet regulatory requirements and maintain cryptographic compliance.
- APIs and SDKs: Developer tools for integrating 4Quays capabilities into your applications and workflows.
- Dashboard and Analytics: Visibility into your cryptographic posture and migration progress.
3. User Accounts and Responsibilities
3.1 Account Registration
To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
3.3 Team Accounts
If you create or administer a team account, you are responsible for the actions of all users within that team and ensuring they comply with these Terms.
4. Acceptable Use Policy
You agree not to use the Services to:
- Violate any applicable laws, regulations, or third-party rights
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the integrity or performance of the Services
- Reverse engineer, decompile, or disassemble any aspect of the Services
- Use the Services for any illegal, harmful, or fraudulent activities
- Transmit malware, viruses, or other malicious code through the Services
- Use automated means to access the Services except through our provided APIs
- Circumvent any security measures or access controls implemented by 4Quays
5. Intellectual Property Rights
5.1 Our Intellectual Property
The Services, including all software, algorithms, designs, documentation, and content, are owned by 4Quays or our licensors and are protected by Canadian and international intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand features.
5.2 Your Content
You retain ownership of any data, cryptographic materials, or content you submit to the Services ("Your Content"). You grant 4Quays a limited license to use Your Content solely to provide and improve the Services.
5.3 Feedback
If you provide feedback, suggestions, or ideas about the Services, you grant 4Quays a perpetual, irrevocable, royalty-free license to use such feedback without any obligation to you.
6. Payment Terms
6.1 Fees
Certain features of the Services require payment of fees. All fees are stated in Canadian dollars unless otherwise specified and are exclusive of applicable taxes.
6.2 Billing
By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis. You are responsible for keeping your payment information current.
6.3 Refunds
Fees are generally non-refundable except as required by applicable law or as expressly stated in your service agreement.
7. Service Level and Availability
We strive to maintain high availability of the Services. However, we do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable advance notice when possible. Specific service level commitments may be provided in a separate enterprise agreement.
8. Data Security
We implement industry-standard security measures to protect your data. However, no system is completely secure. You acknowledge that you are responsible for maintaining appropriate security measures for your own systems and data that interact with the Services.
9. Limitation of Liability
To the maximum extent permitted by applicable law, 4Quays and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of the Services.
In no event shall our total liability exceed the amounts paid by you to 4Quays in the twelve (12) months preceding the claim, or one hundred Canadian dollars (CAD $100), whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless 4Quays and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your Content
11. Termination
11.1 Termination by You
You may terminate your account at any time by contacting us or using the account settings. Upon termination, your right to access the Services will cease immediately.
11.2 Termination by Us
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. We may terminate for cause immediately if you breach these Terms.
11.3 Effect of Termination
Upon termination, you must cease all use of the Services. Provisions that by their nature should survive termination shall survive, including intellectual property rights, limitation of liability, indemnification, and governing law.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.
13. Dispute Resolution
Before initiating any legal proceeding, you agree to first contact us at legal@4quays.com to attempt to resolve the dispute informally. If we are unable to resolve the dispute within thirty (30) days, you may pursue your legal remedies in accordance with Section 12.
14. Changes to Terms
We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be communicated via email or through the Services. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and 4Quays regarding the Services.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
15.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
16. Contact Information
If you have any questions about these Terms, please contact us at:
4Quays Corp.
Email: legal@4quays.com