These Terms and Conditions (Terms) govern your access to and use of the EnQuanta website located at https://enquanta.com/, including its subdomains (Website) and the content, features, downloads, forms, and other functionality made available through the Website (collectively, the Service). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Service.
PLEASE NOTE: ADDITIONAL LEGAL TERMS APPLY TO (A) CONTACT, DEMO, AND INFORMATION REQUESTS SUBMITTED THROUGH THE WEBSITE, (B) ANY LICENSE TO ENQUANTA PRODUCTS, AND (C) ANY SUPPORT SERVICES. THOSE ADDITIONAL TERMS ARE DESCRIBED IN SECTION 3 AND CONTROL OVER THESE TERMS FOR THEIR SUBJECT MATTER. THESE TERMS CONTAIN A JURY TRIAL WAIVER AND EXCLUSIVE VENUE PROVISION IN SECTION 12.
1. Definitions
“Company”: Refers to EnQuanta, located at 6385 Old Shady Oak Road, Suite 250, Eden Prairie, MN 55344, referred to as “we,” “us,” or “our.”
“Content”: Refers to text, images, videos, software, trademarks, logos, product information, white papers, documentation, and all other forms of data or communication available through the Service.
“You”: Refers to the individual accessing the Service, or any legal entity on whose behalf the individual is acting.
“Third-Party Services”: Refers to external websites, platforms, or services linked or integrated into the Service.
“Privacy Policy”: Refers to EnQuanta's privacy notice, available at https://enquanta.com/privacy, which describes how we collect, use, and share personal information.
“Additional Terms”: Refers to the separate terms described in Section 3 that govern contact and information requests, product licenses, and support services.
2. Acceptance of Terms
By using the Service, you represent that:
You are at least 18 years of age (or the age of majority where you live, if higher).
Your use complies with all applicable laws and regulations.
If you are using the Service on behalf of a company or other legal entity, you have authority to bind that entity to these Terms, and “you” refers to that entity.
Our Privacy Policy explains how we collect, use, and share personal information in connection with the Service. The Privacy Policy is provided as a notice of our practices and does not form part of these Terms.
Where the Website asks you to check a box or click a button indicating acceptance of these Terms (for example, when submitting a form, requesting a demo, downloading materials, or clicking an online agreement provision), doing so constitutes your electronic signature and agreement to these Terms and to any Additional Terms presented with that action.
3. Additional Terms for Requests, Product Licenses, and Support
3.1 Contact and Information Requests. When you submit a contact request, demo request, or information request, or similar inquiry through the Website, that request is subject to any Additional Terms presented to you at the point of submission, together with these Terms and the Privacy Policy. EnQuanta may respond to, decline, or take no action on any request in its discretion, and submitting a request does not create any obligation on EnQuanta or any agreement to provide products, services, pricing, or support.
3.2 Product Licenses. EnQuanta's products are licensed only under separate written agreements between you (or your organization) and EnQuanta. Nothing on the Website, and nothing in these Terms, grants you any license to or right to use any EnQuanta product. Any product description, specification, documentation, or pricing on the Website is informational and does not form part of any license. Software is made available only after the applicable agreements have been executed and is delivered subject to those agreements, including their export control terms.
3.3 Support. Technical support, maintenance, and professional services are provided only under the applicable service level agreement or product license agreement. Documentation, knowledge-base articles, and other support-related materials on the Website are provided for general information, are not a support commitment, and do not create any obligation to respond, remedy, or maintain.
3.4 Order of Precedence. If there is a conflict between these Terms and any Additional Terms, the Additional Terms control with respect to their subject matter, and these Terms continue to govern your use of the Website.
4. Use of the Service
4.1 Limited License. Subject to these Terms, EnQuanta grants you a limited, revocable, non-exclusive, non-transferable license to access and view the Website and its Content for your personal or internal business informational purposes. We may suspend or revoke this license at any time. All rights not expressly granted are reserved.
4.2 Prohibited Conduct. You agree to use the Service only for lawful purposes and will not:
Upload or transmit malicious software or code.
Misrepresent your identity or impersonate others.
Attempt to gain unauthorized access to any portion of the Service.
Interfere with the operation or security of the Service.
Use the Service for illegal, harmful, or fraudulent purposes.
Use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or to extract, copy, or index Content, except for general-purpose search engines or answer engines operating in accordance with our robots.txt file and other published access controls.
Use Content, or any data derived from the Service, to train, fine-tune, evaluate, or otherwise develop any machine-learning, large language, or other artificial-intelligence model or system, without our express prior written consent.
Circumvent, disable, or interfere with any technical measure that controls or limits access to the Service, including rate limits and authentication.
Frame, mirror, or systematically deep-link to any part of the Service without our written permission, or remove any copyright, trademark, or other proprietary notice.
Reverse engineer, decompile, or disassemble any software made available through the Service, except to the extent applicable law prohibits this restriction.
Use contact information obtained from the Service to send unsolicited commercial communications to EnQuanta personnel, customers, or partners.
5. Intellectual Property
5.1 Ownership. The Service and all original content are the exclusive property of EnQuanta and its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws (collectively “intellectual property”). No implicit license is given for any intellectual property, and you may not copy, distribute, or create derivative works from our intellectual property without our explicit prior written consent.
5.2 Trademarks. EnQuanta, QuantaCrypt, QuantaPack, QuantaStack, QuantaMesh, QuantaSafe, QuantaKey, QuantaSecret, QuantaCDF, QuantaElement, QuantaView, QuantaTrust, QuantaPass and the EnQuanta logo are trademarks of EnQuanta. You may not use these marks without our prior written permission. Other names and logos appearing on the Website may be the trademarks of their respective owners.
5.3 Feedback. If you send us ideas, suggestions, or other feedback about the Service or our products (“Feedback”), you grant EnQuanta a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose without obligation to you. Please do not send us confidential information through the Website unless we have an executed agreement with you that covers that information.
6. Copyright Complaints
6.1 Notice of Infringement. EnQuanta respects the intellectual property of others. If you believe that material on the Website infringes your copyright, please send a written notice to our designated agent that includes: (a) a physical or electronic signature of the copyright owner or a person authorized to act for the owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it on the Website; (d) your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf.
6.2 Designated Agent. [Name or Title of Agent], EnQuanta, 6385 Old Shady Oak Road, Suite 250, Eden Prairie, MN 55344; Email: [copyright@enquanta.com]; Telephone: [___]. This agent is registered with the U.S. Copyright Office.
7. Third-Party Links and Services
The Service may contain links to third-party websites or services. These links are provided for convenience only, and EnQuanta does not endorse or control these external services. We are not responsible for any loss or damage resulting from your use of third-party services, and your dealings with any third party are solely between you and that third party. We encourage you to review the terms and privacy policies of any Third-Party Service you use.
8. Export Controls and United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties. You also agree to comply with all applicable United States and foreign export control and sanctions laws and regulations in connection with your use of the Service, any Content, software, or technical information you obtain through it, and you will not export, re-export, transfer, or publish any such items in violation of those laws.
9. Disclaimer of Warranties
THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ENQUANTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ENQUANTA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT IS ACCURATE, COMPLETE, CURRENT, OR LAWFUL.
Content on the Website is provided for general informational purposes only. It is not legal, security, compliance, or other professional advice, and you should not rely on it as such. Descriptions of EnQuanta products, features, performance, certifications, and roadmaps are subject to change and are provided only under the Additional Terms described in Section 3. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ENQUANTA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS will not be liable for any:
Indirect, incidental, special, punitive, exemplary, or consequential damages.
Loss of data, revenue, or profits, business, or goodwill arising from your use of the Service, or from any Content or Third-Party Service.
These exclusions apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if EnQuanta has been advised of the possibility of such damages. If liability cannot be excluded, it will be limited to the greater of $100 or the total fees paid by you to EnQuanta for the Service in the 12 months preceding the event causing the liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law, including the law of the country where a consumer resides.
11. Indemnification
You agree to defend, indemnify, and hold harmless EnQuanta and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your misuse of the Service, or your violation of any law or the rights of a third party. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of that matter.
12. Dispute Resolution and Governing Law
12.1 Informal Resolution. If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company at the legal notice address in Section 16 with a written notice that describes the dispute and the relief you seek; we will do the same if we have a dispute with you. The parties will negotiate in good faith for at least 60 days after the notice is received before either party may start a court proceeding, except that either party may seek injunctive or other equitable relief at any time to protect its intellectual property or to stop unauthorized access to or use of the Service.
12.2 Governing Law. The laws of the State of Minnesota will govern these Terms, without regard to its conflict of law principles, and the United Nations Convention on Contracts for the International Sale of Goods does not apply.
12.3 Exclusive Venue. Any dispute arising out of or relating to these Terms or the Service that is not resolved under Section 12.1 will be brought exclusively in the state or federal courts located in Hennepin County, Minnesota. Each party consents to the personal jurisdiction of, and venue in, those courts and waives any objection based on inconvenient forum, except that a consumer may bring a qualifying individual claim in the small claims court where the consumer resides.
12.4 Jury Trial Waiver and Time Limit. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ENQUANTA EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. Any claim arising out of or relating to these Terms or the Service must be filed within one year after the claim arose, or it is permanently barred, to the extent permitted by applicable law.
12.5 Consumers Outside the United States. If you are a consumer resident in the European Union or the United Kingdom, you have the benefit of any mandatory provisions of the consumer protection laws of your country of residence. Nothing in these Terms affects those rights, and Sections 12.3 and 12.4 apply to you only to the extent permitted by those laws; in particular, you may be entitled to bring proceedings in the courts of your country of residence.
13. Modifications to the Terms
We may update these Terms from time to time. When we do, we will post the revised Terms on the Website with an updated “Last Updated” date. If a change is material, we will provide at least 30 days' advance notice before it takes effect by posting a prominent notice on the Website and, where we have your email address, by email, together with a summary of what changed. Changes will not apply to any dispute that arose before the effective date of the change. Where the Website asks you to accept the updated Terms, you must do so to continue using the affected features. If you do not agree to the updated Terms, you must stop using the Service. Prior versions of these Terms are available at https://enquanta.com/terms/archive or on request. The advance-notice procedure in this Section applies to changes made after the Effective Date stated at the top of these Terms; this version of the Terms takes effect on that date.
14. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause or notice, including for violations of these Terms. Upon termination, all provisions of these Terms that should reasonably survive termination shall remain in effect, including Sections 1, 3, 5, 9, 10, 11, 12, and 15.
15. General Provisions
15.1 Entire Agreement. These Terms, together with any Additional Terms, are the entire agreement between you and EnQuanta regarding the Website and supersede any prior understanding regarding the Website.
15.2 Severability. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
15.3 No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
15.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
15.5 Force Majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
15.6 No Third-Party Beneficiaries. These Terms do not create any rights for any person other than you and EnQuanta, except that the persons indemnified under Section 11 may enforce that Section.
15.7 Notices. We may give you notice by posting on the Website or by email to an address you have provided. Notices to us must be sent to the legal notice address in Section 16.
15.8 Electronic Communications. You consent to receive communications from us electronically and agree that they satisfy any legal requirement that communications be in writing.
15.9 Interpretation. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” These Terms are written in English; any translation is for convenience only.
16. Contact Us
If you have questions about these Terms, please contact us at:
Email: support@enquanta.com
Address: 6385 Old Shady Oak Road, Suite 250, Eden Prairie, MN 55344
Legal notices and dispute notices under Section 12.1: [legal@enquanta.com] or by mail to “Attn: Legal” at the address above. Copyright notices under Section 6: the designated agent identified in Section 6.2.