Effective Date: January 1, 2026 — Version: 1.0
1. Introduction and Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and K&z Limited, a private company incorporated in Hong Kong under the Companies Ordinance (Cap. 622), with its registered office at Flat 10198, 10/F, Liven House, No. 61-63 King Yip Street, Kwun Tong, Kowloon, Hong Kong (Business Registration Number: 70428032) (“k&z,” “we,” “us,” or “our”). These Terms govern your access to and use of the k&z quantum AI infrastructure platform, including all associated APIs, software development kits (SDKs), documentation, quantum processing unit (QPU) resources, hybrid computing environments, and any other products or services provided by k&z (collectively, the “Services”).
By accessing or using the Services, creating an account, or clicking “I Agree” or any similar affirmation, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated herein by reference, including our Privacy Policy, Acceptable Use Policy, and Billing & Consumption Policy. If you do not agree to these Terms, you must not access or use the Services.
k&z reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website, updating the “Effective Date” above, and, where practicable, sending notification to the email address associated with your account. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms.
2. Definitions
For the purposes of these Terms, the following definitions apply:
- “Account” means the user account you create to access and use the Services.
- “Capacity Block” means a reserved allocation of QPU resources for a specified duration, measured in QPU-hours or QPU-minutes.
- “Client Data” means any data, code, algorithms, models, or other materials that you upload, submit, or transmit to the Services.
- “Confidential Information” means any non-public information disclosed by either party to the other, whether orally, in writing, or electronically, that is designated as confidential or that reasonably should be understood to be confidential.
- “QPU” means quantum processing unit, the quantum computing hardware made available through the Services.
- “QPU Runtime” means the measured duration during which a User’s quantum circuit or workload is actively executing on a QPU.
- “Service Level Agreement” or “SLA” means the uptime and performance commitments set forth in our SLA & Uptime Policy.
- “Shots” means the number of times a quantum circuit is executed on a QPU to produce measurement results.
3. Eligibility
3.1 Age and Capacity
You must be at least eighteen (18) years of age and possess the legal capacity to enter into a binding agreement to use the Services. If you are accessing the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to “you” and “your” shall include that organization.
3.2 Jurisdictional Restrictions
The Services are not available to individuals or entities located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive sanctions administered by the Hong Kong Government, the European Union, the United States Office of Foreign Assets Control (OFAC), or the United Nations Security Council. You represent and warrant that you are not located in, organized under the laws of, or a resident of any such restricted jurisdiction, and that you are not a person or entity listed on any applicable denied party, blocked persons, or sanctions list. Please refer to our Export Controls & Sanctions Compliance page for further details.
3.3 Institutional Users
Certain Services, including sovereign deployments and dedicated single-tenant QPU allocations, may require additional eligibility verification, including but not limited to Know Your Customer (KYC) verification, institutional accreditation, or government clearance. k&z reserves the right to require additional documentation before provisioning such Services. Please refer to our KYC/Eligibility & Compliance Policy for details.
4. Account Registration and Security
4.1 Account Creation
To access the Services, you must create an Account by providing accurate, current, and complete information as prompted by the registration process. You agree to maintain and promptly update your Account information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for maintaining the confidentiality of your Account credentials, including your password and any API keys or access tokens associated with your Account. You agree to immediately notify k&z of any unauthorized use of your Account or any other breach of security. k&z shall not be liable for any loss or damage arising from your failure to comply with this obligation.
4.3 Multi-Factor Authentication
k&z may require multi-factor authentication (MFA) for access to the Services or to specific high-security features. You agree to enable and maintain MFA where required.
4.4 Account Sharing
Accounts are non-transferable. You may not share, sell, or otherwise transfer your Account to any third party without the prior written consent of k&z. Organizational accounts may be configured with multiple authorized users subject to role-based access controls as documented in our platform documentation.
5. Description of Services
5.1 Quantum AI Infrastructure
k&z provides on-demand and reserved access to quantum computing infrastructure, including but not limited to: quantum processing units (QPUs) in various qubit configurations and topologies; hybrid quantum-classical computing environments integrating QPU resources with high-performance computing (HPC) clusters; quantum software development kits and compiler toolchains; API-based access to quantum computing resources; dedicated single-tenant QPU deployments; and sovereign deployment options for government and regulated industries.
5.2 Service Modifications
k&z reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. For material changes affecting existing reserved capacity or active contracts, k&z will provide at least thirty (30) days’ prior written notice. k&z shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
5.3 Beta Services
k&z may offer certain features or Services on a beta, preview, or early-access basis (“Beta Services”). Beta Services are provided “as is” and “as available” without any warranty of any kind. k&z may discontinue Beta Services at any time without notice or liability.
6. Delivery and Provisioning
6.1 On-Demand Quantum Runtime
On-demand QPU access is provisioned within twenty-four (24) hours after completion of the following: (a) eligibility approval; (b) execution of the applicable service agreement; and (c) confirmation of payment or valid payment method on file. Provisioning includes issuance of API credentials, assignment to an available QPU cluster, and activation of the client’s platform dashboard.
6.2 Reserved Capacity Windows
Reserved QPU capacity blocks (daily or multi-day reservations) are scheduled within five (5) business days of contract execution and payment confirmation. Exact scheduling depends on QPU cluster availability and the requested capacity tier. k&z will provide the confirmed schedule and access credentials prior to the start of the reserved window.
6.3 Dedicated Single-Tenant Deployments
Dedicated single-tenant QPU deployments require additional lead time for hardware allocation, network isolation, and security configuration. Provisioning timelines for dedicated deployments are specified in the applicable Order Form, typically ranging from ten (10) to thirty (30) business days from contract execution and payment confirmation.
6.4 Sovereign Deployments
Sovereign and on-premises deployments involve bespoke infrastructure planning and are subject to site-specific timelines as agreed in the applicable Order Form. k&z will provide a detailed provisioning plan and milestone schedule upon contract execution.
7. Permitted Use and Restrictions
7.1 Permitted Use
Subject to your compliance with these Terms, k&z grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services solely for your internal business or research purposes, including quantum algorithm development, simulation, optimization, and machine learning workloads.
7.2 Restrictions
You agree not to, and shall not permit any third party to: (a) use the Services in violation of any applicable law or regulation; (b) use the Services to conduct cryptographic attacks against third-party systems; (c) attempt to gain unauthorized access to any QPU resources, systems, or networks connected to the Services; (d) reverse engineer, decompile, or disassemble any part of the k&z platform; (e) use the Services to develop competing quantum computing products or services; (f) resell, sublicense, or redistribute the Services without k&z’s prior written consent; (g) interfere with or disrupt the integrity or performance of the Services; or (h) use the Services in any manner that could damage, disable, overburden, or impair any k&z server or network. For full details, see our Acceptable Use Policy.
8. Payment Terms
8.1 Fees
You agree to pay all fees associated with your use of the Services as described in your selected pricing plan, order form, or as otherwise agreed in writing. Fees may be based on consumption (QPU runtime, shots executed, data processed), reserved capacity, subscription, or a combination thereof. Current pricing is available on the k&z website or as specified in your Master Service Agreement.
8.2 Billing
Unless otherwise specified, consumption-based charges are billed monthly in arrears. Reserved capacity and subscription fees are billed in advance according to the billing cycle specified in your order form. All fees are stated and payable in Hong Kong Dollars (HKD), United States Dollars (USD), or Euros (EUR), as specified in your account settings or order form.
8.3 Taxes
All fees are exclusive of applicable taxes, levies, and duties, including but not limited to value-added tax (VAT), goods and services tax (GST), and sales tax. You are responsible for paying all such taxes, except for taxes based on k&z’s net income.
8.4 Late Payment
Any amounts not paid when due shall accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law. k&z reserves the right to suspend or terminate your access to the Services upon thirty (30) days’ written notice if any amounts remain overdue. You shall be responsible for all reasonable costs of collection, including attorneys’ fees.
8.5 Refunds
Refund eligibility is governed by our Refund & Cancellation Policy. Reserved capacity commitments are non-refundable except as expressly stated therein.
9. Intellectual Property
9.1 k&z Platform IP
The Services, including all software, hardware, algorithms, user interfaces, designs, documentation, and any improvements or modifications thereto, are and shall remain the exclusive property of k&z and its licensors. These Terms do not grant you any ownership interest in the Services, but only a limited right of use as expressly set forth herein.
9.2 Client Data and Workload IP
You retain all rights, title, and interest in and to your Client Data, including any quantum circuits, algorithms, models, and computational results generated through your use of the Services. k&z does not claim ownership of your Client Data. For further details, see our Intellectual Property Policy.
9.3 Limited License to k&z
You grant k&z a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, and process your Client Data solely as necessary to provide and improve the Services. This license terminates upon deletion of your Client Data from our systems.
9.4 Feedback
If you provide k&z with any suggestions, ideas, feedback, or recommendations regarding the Services (“Feedback”), you grant k&z an unrestricted, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose without obligation to you.
10. Confidentiality
Each party agrees to hold the other party’s Confidential Information in strict confidence and not to disclose such information to any third party, except as necessary to perform its obligations under these Terms or as required by law. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party without restriction; (c) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (d) is rightfully received from a third party without restriction.
11. Disclaimers
11.1 As-Is Provision
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11.2 No Guarantee of Results
k&z does not warrant that the Services will meet your specific requirements, that QPU resources will produce error-free computational results, that quantum advantage will be achieved for any particular workload, or that the Services will be uninterrupted, timely, secure, or error-free. Quantum computing is an emerging technology, and computational results may be subject to noise, decoherence, and other quantum-mechanical phenomena that may affect accuracy.
11.3 Third-Party Services
The Services may integrate with or provide access to third-party products, services, or content. k&z does not warrant or endorse any such third-party offerings and shall not be liable for any loss or damage arising from your use thereof.
12. Limitation of Liability
12.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL K&Z, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF K&Z HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, K&Z’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO K&Z DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED HONG KONG DOLLARS (HKD 100).
12.3 Essential Basis
The disclaimers, exclusions, and limitations of liability set forth in these Terms form an essential basis of the bargain between you and k&z. The Services would not be provided without such limitations.
13. Indemnification
You agree to indemnify, defend, and hold harmless k&z and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your Client Data; or (e) any dispute between you and a third party relating to the Services.
14. Termination
14.1 Termination by You
You may terminate your Account at any time by providing written notice to k&z or through the Account settings in the platform. Termination does not relieve you of your obligation to pay any outstanding fees. Reserved capacity commitments remain binding through the end of their committed term.
14.2 Termination by k&z
k&z may suspend or terminate your access to the Services immediately upon written notice if: (a) you breach any provision of these Terms; (b) you fail to pay any amount when due; (c) your use of the Services poses a security risk or may adversely affect the Services or other users; (d) k&z is required to do so by law; or (e) k&z discontinues the Services.
14.3 Effect of Termination
Upon termination: (a) your right to access the Services immediately ceases; (b) k&z will delete your Client Data within thirty (30) days unless a longer retention period is required by law; (c) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 9, 10, 11, 12, 13, 15, and 16.
15. Governing Law and Jurisdiction
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
15.2 Jurisdiction
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region, unless the parties agree to resolve the dispute through arbitration as set forth below.
16. Dispute Resolution
16.1 Negotiation
The parties shall first attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation. The disputing party shall provide written notice describing the dispute, and the parties shall have thirty (30) days from receipt of such notice to attempt resolution.
16.2 Arbitration
If the dispute cannot be resolved through negotiation within the period specified above, either party may submit the dispute to binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules. The seat of arbitration shall be Hong Kong. The arbitration shall be conducted in English. The arbitral tribunal shall consist of a sole arbitrator appointed in accordance with the HKIAC Rules.
16.3 Injunctive Relief
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
17. General Provisions
17.1 Entire Agreement
These Terms, together with all policies and documents incorporated by reference, constitute the entire agreement between you and k&z with respect to the Services and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral. In the event of a conflict between these Terms and any executed Master Service Agreement, the Master Service Agreement shall control.
17.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
17.3 Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.
17.4 Assignment
You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of k&z. k&z may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
17.5 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond the party’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, power failures, internet disruptions, or failures in quantum hardware components.
17.6 Notices
All notices required or permitted under these Terms shall be in writing and sent to the addresses specified in the Account settings or, for notices to k&z, to: K&z Limited, Legal Department, Flat 10198, 10/F, Liven House, No. 61-63 King Yip Street, Kwun Tong, Kowloon, Hong Kong, or support@kandz.co.
18. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: support@kandz.co
- Mail: K&z Limited, Legal Department, Flat 10198, 10/F, Liven House, No. 61-63 King Yip Street, Kwun Tong, Kowloon, Hong Kong
- Web: Contact Page