1. Introduction

Welcome to QuantKey Solutions LLC (“QuantKey,” “we,”“us,” or “our”). These Terms of Service (“Terms”) form a binding contract between QuantKey and the entity you represent (“Customer,” “you,” or “your”) for access to and use of QuantKey’s cloud software platform and related services (collectively, the “Services”).

By creating an account, executing an order to purchase or subscribe, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you use the Services on behalf of a company, you warrant that you have authority to bind that company. Capitalized terms have the meanings set out in these Terms.

We may update these Terms from time to time. Material changes will be announced by e-mail or in-app notice. Continued use after the effective date constitutes acceptance of the updated Terms.

2. Description of Services

QuantKey provides a cloud-based Platform comprising a growing suite of business-enablement modules, including, without limitation:

• Subscription & license management

• Real-time data streaming

• Multichannel communications & marketing automation (e-mail, SMS, MMS, voice, chat, push, social audiences)

• Customer-relationship management (CRM) & opportunity pipelines

• Website, landing-page, funnel and form builders

• Payment, invoicing & order-form tools (processed by third-party payment providers)

• Analytics, reporting & AI-driven insights

• Any additional modules, add-ons or services QuantKey makes available from time to time.

QuantKey is not a broker-dealer nor an investment adviser. We do not handle payment-card or banking data; payments are processed by independent processors (e.g., Stripe, PayPal, etc.) under their terms.

3. Account Registration & Security

You must provide accurate information, keep credentials confidential, and promptly notify us of unauthorized use. You are responsible for all activities under your account.

4. Subscription Plans & Payment

Fees, billing cycles, renewal terms and taxes are described on each Order Form or pricing page. All fees are non-refundable except as required by law. Failure to pay may result in suspension or termination of services.

All payment information is processed by third-party payment processors; QuantKey does not store full card details.

5. Permitted Use & License

QuantKey grants you a non-exclusive, non-transferable, revocable right to access and use the Services during your subscription solely for your internal business purposes. All rights not expressly granted are reserved.

6. Communications & Telephony

Certain modules enable you to send or receive e-mails, texts, calls, voicemail drops, chat messages, push notifications or similar communications (“Client Communications”) via carrier networks, VoIP, or other telecommunications partners (“Telco Partners”).

• Consent & Compliance. You represent that each recipient has given all legally required consents (e.g., Telephone Consumer Protection Act (TCPA), CAN-SPAM, CASL, EU ePrivacy). You must keep auditable consent records.

• Content Standards. No unlawful, deceptive, harassing, or infringing content; no phishing or malware; comply with carrier rules (e.g., CTIA Messaging Principles).

• Call Recording. If you record calls, you must provide all notices and obtain all consents required by applicable call-recording laws.

• Delivery & Fees. Delivery, latency, and carrier fees are outside QuantKey’s control. We do not guarantee that any message or call will be delivered or received.

• Indemnity. You will indemnify QuantKey from any fines, surcharges, or claims arising from Client Communications.

7. Acceptable Use

You and your users shall not:

• Violate any law or regulation.

• Reverse-engineer or interfere with the Platform.

•Upload viruses or malicious code.

•Send unsolicited bulk e-mail/SMS or otherwise violate CAN-SPAM, TCPA, CASL, PECR, or similar laws.

•Use AI or analytics features to make automated decisions producing legal or similarly significant effects on individuals without a lawful basis, notices, and safeguards.

•Abuse network resources with excessive API calls or circumvent usage limits.

8. Third-Party Services, Technology Partners & Integrations

Some functionality is delivered through embedded or other technology provided by vetted third-party vendors (“Technology Partners”). Your use of any module powered by a Technology Partner constitutes acceptance of that partner’s pass-through terms (available upon request or in-app). QuantKey remains your primary counter-party, but Technology Partners may enforce their terms directly where required.

9. Intellectual-Property Rights

The Services, software and QuantKey marks are QuantKey’s property. You retain ownership of content and data you upload. You grant QuantKey a limited license to host, process and transmit that data to provide the Services. Feedback you provide may be used by QuantKey without compensation.

10. No Financial or Investment Advice

All data and tools are for informational purposes only.

QuantKey gives no investment advice and is not liable for any trading or business decisions or losses.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

QUANTKEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. We do not warrant accuracy, uninterrupted availability, or that the Services will meet your requirements.

12. Limitation of Liability

To the fullest extent permitted by law, QuantKey will not be liable for indirect, incidental, special, consequential, punitive or exemplary damages, or for lost profits, revenues, or data, even if advised of the possibility.

QuantKey has no liability for (a) carrier-imposed fines or surcharges, (b) blocked, filtered, or undelivered messages or calls, or (c) disallowed advertising content, campaign suspension, or account bans imposed by third-party ad or social platforms.

QuantKey’s aggregate liability will not exceed the greater of (i) amounts paid by you to QuantKey in the 12 months preceding the claim or (ii) US $100.

13. Indemnification

You will defend, indemnify and hold harmless QuantKey and its affiliates from any third-party claims arising from your (a) misuse of the Services, (b) violation of these Terms or law, or (c) Client Communications or content.

14. Term & Termination

Either party may terminate for material breach after 30 days’ written notice (immediately for non-curable breaches). QuantKey may suspend or terminate for non-payment or illegal use. Sections that by their nature should survive termination will survive.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Maryland, USA, excluding conflict-of-law rules.

The parties consent to exclusive jurisdiction in the state or federal courts located in Maryland. QuantKey may seek injunctive relief in any jurisdiction to protect its intellectual property or confidential information.

16. Miscellaneous

No assignment without consent (except by QuantKey in a merger or asset transfer or sale). No waiver except in writing. If any provision is unenforceable, the remainder remains in effect. These Terms are the entire agreement and supersede all prior agreements regarding the Services.

17. Contact Questions? E-mail [email protected] or visit quantkey.com.