1. Scope and Purpose

This Data Processing Addendum (the "Addendum") forms part of the agreement between Faqtor Ltd ("Qubitry", "we", "us", "the data processor") and the user ("you", "the data controller") governing the use of the Qubitry quantum computing platform (the "Platform"). It sets out the terms on which we process Compute Data in connection with your use of the Platform.

This Addendum supplements the Terms of Service and Privacy Policy. In the event of any conflict, this Addendum shall prevail with respect to the processing of Compute Data.

2. Definitions

In this Addendum, the following terms shall have the meanings set out below:

"Compute Data" means any data, information, or material submitted by you to the Platform for processing, including but not limited to quantum circuits, statevector data, molecular structures, chemical parameters, machine learning model architectures, training data, job configurations, execution parameters, and result outputs.

"Data Protection Legislation" means the UK General Data Protection Regulation, the Data Protection Act 2018, the EU General Data Protection Regulation (where applicable), and any other applicable data protection or privacy laws.

"Instructions" means the written instructions given by you through the Platform interface, which specify the computation to be performed on Compute Data.

"Sub-processor" means any third-party processor engaged by Qubitry to process Compute Data in connection with the Platform, including GPU cloud providers.

3. Processor Obligations

3.1 Processing Limitation

Qubitry shall process Compute Data only in accordance with your Instructions and shall not:

• Use Compute Data for any purpose other than executing the requested computation
• Train machine learning models on Compute Data
• Analyse or mine Compute Data for platform improvement or any other purpose
• Retain Compute Data after job completion
• Disclose Compute Data to any third party except as permitted under Section 5

3.2 Confidentiality

Qubitry shall ensure that any personnel authorised to process Compute Data are subject to obligations of confidentiality. Such obligations shall survive the termination of their engagement with Qubitry.

3.3 Security Measures

Qubitry shall implement appropriate technical and organisational measures to protect Compute Data against unauthorised or unlawful processing and against accidental loss, destruction, or damage. These measures include:

• Encryption in transit using TLS 1.3
• Encryption at rest using AES-256 where temporary storage is required
• Process-level isolation for each compute job
• Role-based access controls
• Audit logging of all platform access
• Regular vulnerability assessments and penetration testing

4. Data Flow

Compute Data shall be processed in accordance with the following data flow:

1. You submit Compute Data to the Platform through the SDK or web interface
2. Qubitry's orchestration layer receives and validates the job
3. The job is routed to an appropriate compute resource, which may include Sub-processors
4. The computation is executed in an isolated environment dedicated to your job
5. Results are returned to you through the Platform
6. Compute Data is deleted from all systems upon job completion

5. Sub-processors

5.1 Authorised Sub-processors

You authorise Qubitry to engage Sub-processors for the purpose of executing compute jobs. Current Sub-processors include cloud GPU providers who are bound by contractual terms consistent with this Addendum.

5.2 Sub-processor Obligations

Qubitry shall:

• Enter into written agreements with each Sub-processor that impose data protection obligations no less protective than those set out in this Addendum
• Remain liable to you for any breach of this Addendum caused by a Sub-processor
• Provide you with information about Sub-processors upon request

6. Data Deletion

6.1 Automatic Deletion

Compute Data shall be deleted automatically upon completion of the job for which it was submitted. Deletion shall occur within a reasonable timeframe after job completion, not to exceed twenty-four (24) hours.

6.2 Deletion Upon Request

You may request deletion of all Compute Data associated with your account at any time. Qubitry shall comply with such requests within thirty (30) days, subject to any legal obligations requiring continued retention.

6.3 Certification of Deletion

Upon your request, Qubitry shall provide written certification that Compute Data has been deleted in accordance with this Section 6.

7. Data Incident Management

7.1 Notification

Qubitry shall notify you without undue delay upon becoming aware of any accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of, or access to, Compute Data (a "Data Incident").

7.2 Remediation

Qubitry shall take all reasonable steps to mitigate the effects of any Data Incident and to prevent its recurrence.

8. Audit and Compliance

8.1 Records

Qubitry shall maintain appropriate records of processing activities in accordance with Data Protection Legislation.

8.2 Audit

Upon thirty (30) days' written notice, and no more than once per calendar year, Qubitry shall make available to you or your authorised auditor such information as is reasonably necessary to demonstrate compliance with this Addendum. Any audit shall be conducted during normal business hours and shall not unreasonably interfere with Qubitry's business operations.

9. Your Obligations

You represent and warrant that:

• You have all necessary rights and consents to submit Compute Data to the Platform for processing in accordance with this Addendum
• Your Instructions comply with all applicable Data Protection Legislation
• You have provided appropriate notices and obtained all necessary consents from data subjects whose personal information may be included in Compute Data

10. Liability

The limitation of liability set out in the Terms of Service shall apply equally to claims arising under this Addendum. Qubitry's aggregate liability arising out of or relating to this Addendum shall not exceed the amount paid by you to Qubitry in the twelve months preceding the claim.

11. Term and Termination

This Addendum shall remain in effect for as long as Qubitry processes Compute Data on your behalf. Termination of the Terms of Service shall automatically terminate this Addendum. Upon termination, Qubitry shall delete all Compute Data in accordance with Section 6.

12. Governing Law and Jurisdiction

This Addendum is governed by the laws of England and Wales. Any dispute arising out of or relating to this Addendum shall be subject to the exclusive jurisdiction of the courts of London, United Kingdom.

13. Contact

For data processing inquiries: [email protected]

For security issues: [email protected]

Faqtor Ltd
86-90 Paul Street
London, United Kingdom
EC2A 4NE

Company registration number: 16322984