1. Acceptance and authority
By accessing or using the Service, you agree to these Terms. If you use the Service for an organization, you represent that you are authorized to accept these Terms for that organization. If you do not agree, do not access or use the Service.
You must be at least 18 years old and legally capable of entering into a binding agreement. The Service is intended for business and professional use, not personal, family, or household use.
2. Accounts and organization administrators
You must provide accurate account information, protect your credentials, and promptly report suspected unauthorized access. Accounts may not be shared unless the Service expressly supports shared access.
If an organization provides your account, its administrators may manage your access, configure the Service, access or control organization content, and suspend or terminate your account. Your use is also subject to your organization's policies.
3. Access to the Service
Subject to these Terms and any applicable enterprise agreement, Quark Labs grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your organization's internal business purposes. You may not resell, sublicense, or make the Service available to third parties unless a written agreement expressly permits it.
Quark Labs may improve, modify, or discontinue Service features. Material changes affecting purchased functionality will be handled under the applicable enterprise agreement.
4. Customer Content
“Customer Content” means data, files, prompts, schemas, instructions, credentials, and other material submitted to or processed through the Service by you or your organization. As between the parties, your organization retains its rights in Customer Content.
Your organization grants Quark Labs and its service providers the rights necessary to host, copy, transmit, transform, and otherwise process Customer Content to provide, secure, support, and maintain the Service. You are responsible for ensuring that Customer Content and its use comply with law and do not violate third-party rights.
5. Acceptable use
You may not use the Service to:
- violate law, regulation, sanctions, export controls, or another person's rights;
- upload malware, disrupt the Service, bypass access controls, probe for vulnerabilities without permission, or interfere with other users;
- gain unauthorized access to accounts, systems, data, or credentials;
- reverse engineer or attempt to extract source code or models, except where applicable law does not permit that restriction;
- use output to make unlawful, deceptive, discriminatory, or rights-infringing decisions; or
- represent machine-generated output as verified fact when human review is reasonably required.
6. AI and automated features
The Service may use machine learning or third-party model providers to analyze Customer Content and generate outputs. Outputs can be incomplete, inaccurate, or unsuitable for a particular purpose. You are responsible for reviewing outputs and for decisions or actions taken from them.
Do not rely on automated output as a substitute for qualified professional judgment in legal, medical, financial, employment, safety-critical, or other high-impact matters. An organization's administrators may select model providers and configure how data is routed; provider-specific terms may apply.
7. Third-party services
The Service may interoperate with identity providers, cloud storage, data systems, AI providers, and other third-party services. Your use of a third-party service is governed by its terms. Quark Labs is not responsible for third-party services outside its control.
8. Quark Labs property and feedback
Quark Labs and its licensors retain all rights in the Service, software, documentation, designs, trademarks, and related technology, excluding Customer Content. No rights are granted except as expressly stated.
If you provide feedback, you grant Quark Labs a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or obligation to you.
9. Suspension and termination
Quark Labs may suspend or restrict access when reasonably necessary to address a security risk, prevent harm, comply with law, respond to nonpayment, or address a material breach. You may stop using the Service at any time. Account termination and Customer Content export or deletion are governed by the applicable enterprise agreement and the Privacy Policy.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUARK LABS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. QUARK LABS DOES NOT WARRANT THAT THE SERVICE OR OUTPUTS WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE.
Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
UNLESS AN ENTERPRISE AGREEMENT STATES OTHERWISE, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES PAID OR PAYABLE FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY WHERE LIABILITY CANNOT LAWFULLY BE LIMITED.
12. General terms
You may not assign these Terms without Quark Labs' prior written consent; Quark Labs may assign them as part of a merger, reorganization, sale of assets, or by operation of law. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue in effect.
The governing law, venue, dispute process, notices, and order of precedence are those in the applicable enterprise agreement. If there is no enterprise agreement, contact the Quark Labs representative who provided access before using the Service so those terms can be documented.
13. Changes and contact
Quark Labs may update these Terms by posting a revised version and changing the effective date. If a change materially reduces your rights, notice will be provided through the Service or the applicable business relationship where required by law.
Questions or legal notices should be directed to your organization's workspace administrator or Quark Labs account representative using the contact channel established for your organization.