1. Indemnification Obligations
You agree to indemnify and hold harmless Quantum Computing Inc, its subsidiaries, and affiliates from any loss, damage, liability, cost, and expense (including reasonable attorneys' fees) arising from:
- Unauthorized use of our services by you or others under your account
- Violations of this Agreement or applicable laws in connection with our service
- Intellectual property infringement claims related to your use of the service
2. Exceptions
This indemnification obligation does not apply to claims arising from:
- Our gross negligence or willful misconduct
- Acts or omissions by third parties over which we had no control
- Use of the service in a manner not contemplated by this Agreement
3. Notice Requirements
You must promptly notify us in writing at legal@quantumcomputingsinc.com within 30 days of receiving any claim, demand, or notice of a potential claim for indemnification under this Agreement.
We reserve the right to assume control of the defense and settlement of any claim for which you are obligated to indemnify us.
4. Limitation of Liability
In no event shall Quantum Computing Inc be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with this Agreement, including but not limited to:
- Loss of profits or business opportunities
- Failure of use or data loss
- Disruption of operations
Except for claims arising from our gross negligence or intentional misconduct, our total liability shall not exceed the total fees paid by you in the preceding 12 months.