Terms of Service

Welcome to PlanckAI, a product provided by InQuantum, Inc (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) are a legally binding agreement between you and the Company governing your access to and use of PlanckAI, inquantum.ai, our APIs, software, documentation, and related services (collectively, the “Service”).

BY CREATING AN ACCOUNT, CLICKING TO ACCEPT THESE TERMS, SIGNING AN ORDER FORM THAT REFERENCES THEM, OR ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS.

Our Privacy Policy describes how we handle personal information and is incorporated into these Terms. An order form, statement of work, data processing agreement, or other written agreement signed by you and the Company may contain additional terms. If those terms conflict with these Terms, the signed agreement controls for the subject of that conflict.

If you do not agree to these Terms or are not eligible to use the Service, you do not have permission to use it.

PlanckAI is an AI evidence and control platform. The Service can help customers capture and connect prompts, models, knowledge, policies, evaluations, costs, runtime traces, and related context; evaluate AI system behavior; apply governance controls; and create records that can be reviewed and exported.

The Service may interoperate with third-party AI models, model providers, data sources, infrastructure, and other services selected or configured by you. We may add, change, or remove Service features and supported integrations over time.

You must be at least eighteen (18) years old and legally capable of entering into these Terms to use the Service. You may not use the Service if applicable law prohibits you from doing so or if we previously suspended or terminated your access.

If you use the Service for a company, organization, government body, or other entity, you represent and warrant that you have authority to bind that entity. In that case, “you” and “your” refer to that entity and its Authorized Users.

You must provide accurate, complete, and current account information. You are responsible for activity conducted through your account and for maintaining the confidentiality of your login credentials.

The Service may support organizational accounts managed by one or more administrators (“Admin Users”). Admin Users may invite or remove individuals (“Authorized Users”), assign permissions, configure integrations and data settings, and access information associated with the organizational account. You are responsible for your Authorized Users and their compliance with these Terms.

You are responsible for protecting all API keys, access tokens, secrets, passwords, and other credentials used with the Service (“API Credentials”). You accept responsibility for activity and charges under your account or API Credentials except to the extent directly caused by our breach of these Terms.

Notify us promptly at hello@inquantum.ai if you suspect unauthorized access, a compromised credential, or another security incident involving your account. We may revoke or restrict credentials or account access when reasonably necessary to protect you, the Service, the Company, or a third party.

Paid access may be governed by an online checkout, order form, or other ordering document (each, an “Order”). You agree to pay the fees and applicable taxes stated in the Order. Unless the Order states otherwise, fees are charged in U.S. dollars and payment obligations may not be canceled except as expressly provided in these Terms.

If an Order includes a recurring subscription, it will renew for successive periods equal to the initial subscription period unless either party gives notice of non-renewal in the manner and within the time stated in the Order. If no notice period is stated, you may prevent renewal before the next billing date through your account or by contacting us.

You authorize us and our payment processors to charge the payment method associated with your account for amounts due. You must keep billing information accurate and current. Overdue amounts may accrue lawful interest and may result in suspension of paid features after reasonable notice.

We may change fees for a future renewal period by providing reasonable advance notice. Unless an Order states otherwise, refund requests for an initial purchase must be made within seven (7) days of purchase; after that period, paid fees are non-refundable except where required by law.

We may offer trials, previews, or promotional access. Any additional terms presented with an offer govern that offer, and we may modify or discontinue the offer as permitted by law.

“Customer Data” means data, content, and materials that you or your Authorized Users submit to, transmit through, connect to, or generate through use of the Service. Customer Data may include prompts, model inputs and outputs, retrieved knowledge, datasets, policies, configurations, evaluations, feedback, traces, logs, metadata, and evidence records.

As between you and the Company, you retain your rights in Customer Data. You grant the Company a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, format, and otherwise use Customer Data only as needed to provide, maintain, secure, support, and improve the Service; comply with your instructions; prevent fraud or misuse; and comply with law. This license lasts only for as long as necessary for those purposes, subject to applicable retention requirements.

We do not acquire ownership of your Customer Data. We will not use Customer Data to train a general-purpose AI model unless you expressly enable that use or separately agree to it in writing.

You are responsible for Customer Data and the consequences of providing it. You represent and warrant that you have all rights, permissions, notices, and lawful bases needed for the Company and applicable third parties to process Customer Data as contemplated by your configuration of the Service and these Terms.

Ownership and permitted use of outputs generated by a third-party model are determined by the terms of the applicable model provider. The Company cannot grant rights in third-party outputs that the Company does not own.

The Service may allow you to connect to or use AI models, model providers, cloud platforms, repositories, databases, monitoring systems, and other third-party products (“Connected Services”). Your relationship with each provider of a Connected Service is governed by your agreement with that provider, not these Terms.

You are responsible for selecting and configuring Connected Services, reviewing their terms and data practices, maintaining any required licenses, and determining whether they are appropriate for your use case. You authorize us to exchange Customer Data with Connected Services as directed by your configuration or use of the Service.

We do not control and do not guarantee any Connected Service, model, output, availability, security practice, data use, retention practice, or continued interoperability. A provider may modify or discontinue a Connected Service or restrict your access to it. We may suspend an integration if required by the provider, by law, or to protect the Service.

You will ensure that your Authorized Users and any downstream users comply with applicable provider terms. You are responsible for violations arising from the manner in which you or your Authorized Users select, configure, access, or use a Connected Service.

The Service organizes and analyzes information supplied by you and by Connected Services. Evidence records, evaluation scores, alerts, policy results, explanations, and other Service outputs may be incomplete or inaccurate when source data, integrations, configurations, policies, datasets, or third-party outputs are incomplete or inaccurate.

The Service does not make an AI system safe, compliant, unbiased, secure, or fit for a particular purpose merely because the Service captures a trace, applies a rule, or produces an evaluation or evidence record. Service outputs are not a legal opinion, regulatory approval, audit opinion, certification, or substitute for professional advice.

You are responsible for validating Service outputs, applying appropriate human review and safeguards, and deciding whether an AI system, model, dataset, policy, evaluation, output, or use case is suitable for your business. This responsibility is especially important for regulated, high-risk, safety-critical, legal, medical, financial, employment, or customer-facing uses.

You remain responsible for decisions, deployments, actions, and outcomes arising from your AI systems and your use of the Service.

You may use the Service only in compliance with these Terms, applicable law, your Orders, our documentation, and the terms governing Connected Services. You will not, and will not permit another person to:

• Use the Service for unlawful, fraudulent, deceptive, abusive, or harmful activity, or to violate another person’s rights.
• Submit Customer Data that you do not have the right to use or that infringes intellectual property, privacy, publicity, confidentiality, or other rights.
• Circumvent access controls, rate limits, usage restrictions, safety measures, data controls, or security features of the Service or a Connected Service.
• Gain or attempt to gain unauthorized access to an account, system, network, model, dataset, or credential.
• Introduce malware or harmful code; disrupt, overload, degrade, or interfere with the Service; or conduct denial-of-service activity.
• Probe, scan, test, reverse engineer, or attempt to discover non-public source code or vulnerabilities in the Service except as expressly authorized by us in writing or permitted by law.
• Scrape or systematically extract Service content or documentation to build a competing service, or resell, sublicense, or transfer access to the Service except as an Order expressly permits.
• Misrepresent your identity, affiliation, authorization, evaluation results, evidence records, or the source or integrity of data processed by the Service.
• Remove or alter proprietary notices, integrity information, audit metadata, or access controls without authorization.
• Help or permit another person to do any of the above.

The Service is designed to support legitimate evaluation, testing, monitoring, and governance of AI systems that you own or are authorized to assess. These Terms do not prohibit good-faith red teaming or evaluation performed within that authorization.

Your right to evaluate your systems does not authorize you to attack the Service, access another customer’s data, interfere with a Connected Service, bypass a model provider’s restrictions, or test systems for which you lack permission. Security testing of the Service itself requires our prior written approval. Contact us before beginning that testing.

“Confidential Information” means non-public information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) that is marked confidential or reasonably should be understood as confidential given its nature and the circumstances of disclosure. Customer Data is your Confidential Information. Non-public aspects of the Service, security information, technology, product plans, and pricing are our Confidential Information.

Confidential Information does not include information that the Receiving Party can document: (a) is or becomes public without breach of an obligation; (b) was lawfully known without a duty of confidentiality before disclosure; (c) is received lawfully from a third party without a duty of confidentiality; or (d) is independently developed without use of the Disclosing Party’s Confidential Information.

The Receiving Party will use at least reasonable care to protect Confidential Information, use it only to exercise rights and perform obligations relating to the Service, and disclose it only to personnel, contractors, affiliates, and professional advisers who need access and are bound by confidentiality obligations.

The Receiving Party may disclose Confidential Information when legally required, provided it gives advance notice when legally permitted and reasonably assists the Disclosing Party in seeking protective treatment.

Our Privacy Policy explains how we collect, use, and disclose personal information in connection with the Service.

If we process personal data on your behalf as a processor or service provider, a data processing agreement executed by the parties will govern that processing. You are responsible for providing required notices and obtaining required consents from individuals whose personal data you submit to the Service.

The Service, including its software, interfaces, designs, documentation, visual elements, and other materials provided by us (“Company Materials”), is owned by InQuantum, Inc and its licensors and is protected by intellectual property laws. Customer Data is not Company Material.

Subject to these Terms and any applicable Order, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription or access period to use the Service for your internal business purposes. We reserve all rights not expressly granted.

You may not copy, modify, distribute, sell, lease, or create derivative works from Company Materials except as expressly permitted by these Terms, an Order, documentation, or applicable law. You may not use our names, logos, or marks without prior written permission.

If you provide suggestions, ideas, or feedback about the Service (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use and incorporate the Feedback without restriction or compensation. Do not provide Feedback that you consider confidential. Feedback does not include Customer Data.

The Service may contain links to or interoperate with third-party websites and services. We do not own or control those third parties and are not responsible for their content, terms, privacy practices, security, availability, or actions.

Your use of a third-party service and any data exchanged with it is between you and the applicable provider. We are not responsible for disclosure, modification, or deletion of Customer Data caused by a third-party service that you enable or authorize.

We may identify certain features as alpha, beta, early access, experimental, preview, or evaluation features (“Beta Features”). Beta Features may be incomplete, change materially, perform inconsistently, or be discontinued without notice. Unless an Order expressly states otherwise, Beta Features are provided without service levels or support commitments and should not be used for production or safety-critical workloads.

You consent to receive account, security, billing, support, legal, and other transactional communications electronically. Electronic notices satisfy any legal requirement that a communication be in writing.

We may also send product updates or marketing communications as permitted by law. You can unsubscribe from marketing messages using the link in the message or by contacting us. Unsubscribing from marketing does not prevent necessary Service communications.

You may stop using the Service at any time and may terminate an account or Order as provided in the applicable Order. Termination does not relieve you of fees or other obligations incurred before termination.

We may suspend or limit access when we reasonably believe: (a) you breached these Terms; (b) your use creates a security, legal, or operational risk; (c) payment is overdue; (d) suspension is required by law or a Connected Service provider; or (e) suspension is needed to prevent harm. When practicable, we will give notice and an opportunity to cure.

We may terminate access for a material breach that remains uncured after notice, for an incurable breach, or as an Order otherwise permits. We may also modify or discontinue all or part of the Service. If we permanently discontinue a paid Service before the end of a prepaid term for reasons unrelated to your breach, we will provide a prorated refund for the unused period unless your Order provides a different remedy.

After termination, your right to use the Service ends. Provisions that by their nature should survive will survive, including payment obligations, confidentiality, ownership, Feedback, disclaimers, limitations of liability, indemnification, dispute provisions, and general terms.

We may update these Terms from time to time. If a change materially reduces your rights or increases your obligations, we will provide reasonable advance notice by email, through the Service, or by another appropriate method. Other changes are effective when posted.

The “Last updated” date shows when these Terms were most recently revised. Your continued use of the Service after updated Terms take effect constitutes acceptance. If you do not agree to an update, you must stop using the Service before it takes effect. A dispute will be governed by the version in effect when the events giving rise to the dispute occurred.

To the extent permitted by law, you will defend, indemnify, and hold harmless InQuantum, Inc, its affiliates, and their officers, directors, employees, contractors, and agents from third-party claims, damages, losses, liabilities, and reasonable legal fees arising from: (a) your Customer Data; (b) your or your Authorized Users’ use of the Service in violation of these Terms, an Order, applicable law, or third-party terms; (c) your AI systems, products, or decisions; or (d) your infringement or violation of a third party’s rights.

We may assume control of the defense of a matter subject to indemnification, at our expense, without limiting your obligations. You will cooperate with the defense and may not settle a claim in a way that admits fault by or imposes obligations on the Company without our written consent.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, COMPANY MATERIALS, BETA FEATURES, EVALUATION RESULTS, EVIDENCE RECORDS, AND OTHER OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DATA OR OUTPUTS WILL BE COMPLETE, ACCURATE, OR PRESERVED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

WE DO NOT WARRANT ANY CONNECTED SERVICE OR THIRD-PARTY MODEL, INCLUDING ITS OUTPUTS, AVAILABILITY, SECURITY, DATA HANDLING, RETENTION, TRAINING PRACTICES, INTELLECTUAL PROPERTY PRACTICES, OR FITNESS FOR A PARTICULAR USE. YOU ASSUME THE RISKS ASSOCIATED WITH YOUR SELECTION, CONFIGURATION, AND USE OF CONNECTED SERVICES AND AI OUTPUTS.

Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID OR OWE FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

The exclusions and limits in this section apply regardless of the form of action and even if a limited remedy fails of its essential purpose. They do not apply to liability that cannot be excluded or limited under applicable law. Each limitation allocates risk between the parties and is an essential basis of the bargain.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a claim, each party will give the other written notice describing the dispute and requested relief and will make a good-faith effort to resolve it for at least thirty (30) days. Notices to the Company must be sent using the details in the Contact Information section.

If a dispute cannot be resolved informally, each party consents to the personal jurisdiction of the state and federal courts located in California for any permitted court proceeding. Nothing in these Terms prevents either party from seeking injunctive or equitable relief to protect intellectual property, confidential information, or Service security.

These Terms, together with the Privacy Policy and any applicable Orders and signed agreements, are the entire agreement between you and the Company regarding the Service and supersede prior or contemporaneous agreements on the same subject.

You may not assign these Terms or an Order without our prior written consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets where the successor is not our competitor and agrees to be bound. We may assign these Terms to an affiliate or in connection with a merger, reorganization, financing, or sale of assets.

Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations. The parties are independent contractors; these Terms do not create a partnership, franchise, joint venture, fiduciary, agency, or employment relationship.

A failure to enforce a provision is not a waiver. If a provision is held invalid or unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will remain effective. Section titles are for convenience only. These Terms do not create third-party beneficiary rights unless expressly stated.

The Service is offered by InQuantum, Inc. Questions, legal notices, and support requests may be sent to hello@inquantum.ai or through our contact page.