Last updated: October 1, 2025

1) Agreement & Acceptance

These Terms of Service (“Terms”) are a binding contract between QuantKey Solutions LLC (“QuantKey,” “we,” “us,” or “our”) and the customer identified in the order, checkout, or account record (“Customer,” “you,” or “your”). They govern access to and use of our cloud software platform, integrations, and related services (the “Services”).

By creating an account, clicking “I agree,” executing an order, or using the Services, you accept these Terms. If you use the Services on behalf of an organization, you represent you have authority to bind it. If you do not agree, do not use the Services.

We may update these Terms prospectively. For material changes, we will provide notice (e.g., email or in‑app). Your continued use after the effective date constitutes acceptance. Changes do not retroactively affect amounts already earned/owed prior to the change.

2) The Services; Who We Are (and Are Not)

The Services provide business‑enablement tools—e.g., CRM, websites/funnels/forms, multichannel communications (email/SMS/MMS/voice/chat), payments via third‑party processors, analytics/AI features, and add‑ons we may release from time to time. Some capabilities are delivered via technology partners and carriers (e.g., telephony, messaging, email infrastructure). We are not a broker‑dealer or investment adviser and do not provide financial, legal, medical, or other professional advice. You control the content you send and how you use the Services.

3) Account Registration & Security

Provide accurate information, maintain strict credential security, and promptly notify us of unauthorized use. You are responsible for activities under your account, including your users’ compliance.

4) Orders, Plans, Billing & Taxes

Fees. Subscription and any usage‑based fees are as shown in your order, checkout, or billing portal (and may include pass‑through third‑party surcharges, taxes, and regulatory fees). All fees are non‑refundable except where required by law or expressly stated otherwise.

Auto‑renewal. Plans renew automatically unless you cancel per the account/billing portal instructions.

Payment. You authorize us (and our processors) to charge all amounts due using your selected payment method. Late or failed payment may result in suspension or termination.

Fee changes. We may change fees prospectively with notice; if you disagree, cancel before changes take effect.

Taxes. Fees exclude taxes; you’re responsible for applicable taxes, duties, and similar charges.

5) License & Restrictions

We grant you a non‑exclusive, non‑transferable, limited license to access and use the Services during your subscription for your internal business purposes. You shall not: (a) sublicense, resell (except as our authorized reseller), or commercially exploit the Services; (b) reverse engineer, decompile, or attempt to derive source code; (c) interfere with or impair the Services; (d) misuse APIs or exceed rate/usage limits we establish; or (e) circumvent security or billing.

6) Third‑Party Services & Integrations

Certain modules are provided or powered by third‑party providers (e.g., telephony/messaging carriers, email infrastructure, AI services, payment processors, social platforms). Your use of those modules may be subject to their policies/terms (we’ll surface links in‑app or on request). We may update providers without notice. We are not responsible for third‑party platforms’ availability, policies, or enforcement.

7) Customer Content & Data; IP

Ownership. You retain ownership of Customer Content (data, text, images, audio/video, and other material you submit).

License to operate the Service. You grant QuantKey a worldwide, limited license to host, process, transmit, display, and create configuration‑level derivative works solely to provide, secure, support, and improve the Services, and to comply with law. We may generate aggregated/anonymized analytics that don’t identify you or your users.

Our IP. The Services, software, documentation, and our marks are owned by QuantKey or our licensors. We reserve all rights not expressly granted.

Feedback. We may use ideas/suggestions you provide without restriction or compensation.

8) Privacy, Data Protection & International Transfers

Your use of the Services is subject to our Privacy Policy (incorporated by reference). Where required by law or your data‑flows, a Data Processing Addendum (DPA) is available and, when executed, becomes part of these Terms. We may use subcontractors/sub‑processors subject to appropriate confidentiality and data‑protection commitments. We and our subprocessors may process data in the United States and other countries. When applicable, we will support lawful transfer mechanisms (e.g., SCCs) through our DPA.

Regulated Data. Unless we have executed the corresponding addendum and enabled the relevant features, do not submit PHI (HIPAA), payment card data (beyond tokens supplied by your processor), GLBA‑regulated data, or other regulated/sensitive data.

9) Telecommunications, Messaging & Email Compliance (Pass‑Through)

The Services include tools for email, SMS/MMS, and voice. You are solely responsible for lawful, consent‑based communications and must maintain auditable consent records. You agree to comply with:

A2P 10DLC registration and content rules; CTIA Messaging Principles; carrier policies; and forbidden categories (e.g., illegal, deceptive, SHAFT content, cannabis/CBD in U.S.) and brand/campaign registration accuracy. We may suspend traffic for high error or opt‑out rates, improper sender identification, lack of opt‑out language, or suspected evasion. Carrier fines and surcharges may be passed through to you.

Email sender requirements, including SPF/DKIM/DMARC alignment, one‑click unsubscribe for bulk marketing, and maintaining low spam complaint rates consistent with mailbox‑provider thresholds.

Consent & opt‑outs. Each initial SMS to a recipient must clearly identify the sender and include an opt‑out method (e.g., “Reply STOP to unsubscribe”); you must honor STOP/UNSUBSCRIBE promptly.

Call recording. If you enable recording, you must provide all legally required notices and consent under applicable one‑party/two‑party laws.

No delivery guarantee. We do not guarantee that any message or call will be delivered, unfiltered, or timely; carriers and mailbox providers control deliverability.

10) Acceptable Use

You and your users will not: (a) violate law or third‑party rights; (b) engage in unsolicited or unlawful marketing; (c) upload malware or attempt to bypass security; (d) engage in abusive, harassing, or deceptive conduct; (e) use public link shorteners where prohibited by carriers or include insecure/non‑HTTPS links in messages; (f) misrepresent identity or consent; or (g) use AI features to generate or automate decisions that have legal or similarly significant effects without appropriate human review and lawful basis. Violations may result in suspension or termination.

11) Software; Mobile; APIs

If software, mobile apps, or SDKs are provided, we grant a limited, revocable license to use them solely with the Services. You will comply with any app‑store usage rules and our API limits. We may update, disable, or remove features or endpoints to ensure security, compliance, or performance.

12) Beta/Pre‑Release & AI Features

Some features (including AI‑assisted tools) may be beta, preview, or experimental: they are provided AS IS and may be modified or withdrawn. You are responsible for reviewing outputs, ensuring accuracy and compliance, and avoiding the inclusion of sensitive or regulated data. We and our AI providers may process prompts/outputs to operate and secure the features consistent with our Privacy Policy and DPA, where applicable. No professional advice is provided by any AI output.

13) Payments; Processors; Refunds

Payments are handled by third‑party processors; QuantKey does not store full payment card numbers. Except as required by law or expressly stated otherwise, fees are non‑refundable. If a plan is canceled, you remain responsible for fees incurred up to the effective cancellation date (including any usage through that date).

14) Service Changes; Availability

We may modify the Services (including adding or removing features) and will attempt to avoid material adverse changes without notice; however, we may act immediately when required by law, security, or provider policies. The Services may be unavailable from time to time due to maintenance, outages, or provider issues.

15) Suspension & Termination

We may suspend or terminate the Services (or access to specific channels) for: (a) non‑payment; (b) suspected or actual AUP/telecom/email violations; (c) legal/third‑party order; or (d) risk to the platform, carriers, or users. Either party may terminate for material breach not cured within 30 days’ written notice. Sections intended to survive termination will survive.

16) Data Retention, Export & Deletion

During your subscription you may export data via available tools. After termination, we may retain customer account data for a limited period for reactivation or legal/security needs, after which it may be deleted pursuant to our standard schedules and the practices of our underlying providers. Please export your data before cancellation; once deleted, data may be irretrievable. (Some underlying providers retain agency data up to ~90 days after cancellation before permanent deletion; timelines may vary.)

17) DMCA Notice & Takedown

If you host or transmit content via the Services, you must comply with copyright law. We respect IP rights and will respond to DMCA notices. We maintain a designated agent with the U.S. Copyright Office; instructions for notices are provided on our DMCA page.

18) Disclaimers

AS IS. The Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, and accuracy.

No advice. We do not provide investment, legal, medical, tax, or professional advice; your use of AI or analytics does not change this.

Telecom & deliverability. We do not control carrier/mailbox filtering, latency, surcharges, or deliverability and disclaims responsibility for related impacts.

19) Limitation of Liability

To the maximum extent permitted by law: (a) no party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; and (b) each party’s aggregate liability under these Terms is capped at the greater of (i) amounts paid by you to QuantKey for the Services during the 12 months before the event giving rise to liability, or (ii) US $100.

The above exclusions/caps do not limit your obligation to pay fees, pass‑through carrier fines/surcharges, or your indemnity obligations for telecom/email or content violations.

20) Indemnification

By you. You will defend, indemnify, and hold harmless QuantKey, our affiliates, and our personnel from and against third‑party claims, fines, penalties, and costs (including reasonable attorneys’ fees) arising out of: (a) your content or communications; (b) your breach of these Terms or law; (c) your misuse of the Services; or (d) your violation of telecom/email/recording requirements or third‑party policies.

By us (IP only). We will defend you against third‑party claims that the Services, as provided by us and used in accordance with these Terms, infringe U.S. IP rights, and will pay resulting damages and fees finally awarded, provided you promptly notify us, allow us sole control of the defense, and cooperate. We may resolve such claims by modifying the Services, replacing them, or terminating affected Services with a pro‑rata refund. We have no obligations for claims based on your content, configurations, or combinations not supplied by us.

21) Dispute Resolution; Governing Law; Venue; Waivers

A. Governing Law. These Terms and any dispute, claim, or controversy arising out of or relating to them or the Services are governed by the laws of the State of Maryland, without regard to conflict‑of‑laws rules. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of the arbitration terms in this Section 21.

B. Mandatory Arbitration (U.S.). Except for (i) individual actions filed in small‑claims court and (ii) actions seeking injunctive or other equitable relief to protect intellectual property rights or confidentiality obligations, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator seated in Maryland; however, the arbitrator may, in the arbitrator’s discretion, conduct some or all proceedings remotely. The arbitrator—not any court—has the exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of this Section 21 (including arbitrability), consistent with the FAA. To the fullest extent permitted by law, the arbitration and award shall be confidential except as necessary to enforce or challenge the award or as required by law.

C. Class/Representative Waiver; No Class Arbitration. To the fullest extent permitted by law, disputes must be brought only in the parties’ individual capacities and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding.

D. Jury‑Trial Waiver. Each party waives any right to a jury trial to the fullest extent permitted by law.

E. Venue for Non‑Arbitrable Matters; Judicial Relief. For any claim that is not subject to arbitration (including small‑claims actions, actions for injunctive relief described above, and any proceeding to compel arbitration, stay litigation, or confirm, modify, or vacate an arbitral award), the parties consent to the exclusive jurisdiction and venue of the state or federal courts located in Maryland and waive any objection to venue or forum non conveniens.

F. 30‑Day Opt‑Out. You may opt out of arbitration and the class/representative action waiver by emailing [email protected] within 30 days of first accepting these Terms with the subject line “Arbitration Opt‑Out.” Your email must include your name and a clear statement that you are opting out of arbitration and the class/representative action waiver. Opting out does not affect any other provision of these Terms (including governing law, venue, time limits, and jury‑trial waiver to the extent applicable outside arbitration).

G. Time Limit to Bring Claims. Any claim must be filed within one (1) year after it arose or be forever barred, to the extent permitted by law.

H. Severability; Survival. If any part of this Section 21 is found unenforceable, the remainder will still apply; however, if the class/representative waiver in Section 21(C) is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court and not in arbitration. This Section 21 survives termination or expiration of these Terms.

22) Export, Anti‑Corruption & Sanctions

You represent that you and your users are not barred from using the Services under applicable export, sanctions, or anti‑corruption laws. Do not use the Services in embargoed countries or for prohibited end‑uses.

23) Confidentiality

Each party may access non‑public information of the other that is marked confidential or should reasonably be understood as confidential. The receiving party will protect it with at least reasonable care and use it only to perform under these Terms.

24) Publicity

We may identify you by name and logo as a customer on our website and marketing materials; you may opt out by emailing [email protected].

25) Assignment

You may not assign these Terms without our prior written consent (not to be unreasonably withheld). We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

26) Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control (e.g., acts of God, outages, labor disputes, government actions).

27) Notices; Electronic Communications

We may provide notices via email, in‑app, or your account address. Electronic signatures and records satisfy legal writing requirements to the fullest extent permitted by ESIGN and UETA.

28) Entire Agreement; Order of Precedence; Severability; Waiver

These Terms, your order(s), the Privacy Policy, any executed DPA, and other referenced documents form the entire agreement and supersede prior or contemporaneous agreements on the subject matter. If there’s a conflict, the following order applies: (1) any executed addendum (e.g., DPA), (2) order form, (3) these Terms, (4) policies referenced herein. If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.

29) Contact

Email:

[email protected]

US Mail:

QuantKey Solutions LLC
1930 18th St. NW
Ste B2 #1101
Washington, DC 20009