Terms and Conditions

1. Definitions

"QCR" or "the Platform" refers to the Quantum Circuit Repository accessible at qcrepository.org and all associated services, tools, and APIs provided by QCR MTÜ.

"QCR MTÜ", "we", "us", or "our" refers to QCR MTÜ, a non-profit organization (mittetulundusühing) registered in the Republic of Estonia, registry code 80651332.

"User", "you", or "your" refers to any individual or entity that accesses or uses the Platform, whether or not they hold a registered account.

"Registered User" refers to a User who has created an account on the Platform.

"Content" refers to any quantum circuits, algorithms, text, images, code, or other materials uploaded, submitted, or created by Users on the Platform.

"QCR ID" refers to the permanent, unique identifier assigned to published Content on the Platform for citation and reference purposes.

"Services" refers to all features, functionalities, and tools provided through the Platform, including circuit creation, sharing, simulation, and collaboration.

2. Acceptance of Terms

By accessing or using the Platform, whether or not you create an account, you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy, which together form the entire agreement. If you do not agree to these Terms, you must not access or use the Platform.

QCR MTÜ reserves the right to modify these Terms at any time. Material changes will be communicated via the Platform interface and, for Registered Users, by email to the address associated with their account, at least thirty (30) days in advance. Non-material changes (such as formatting or clarifications that do not affect your rights or obligations) may be made without advance notice. Your continued use of the Platform following the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must cease using the Platform.

If you are accessing the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Eligibility and Account Registration

3.1 General Access

The Platform may be accessed and browsed without creating an account. Certain features, including but not limited to publishing circuits, saving work, and participating in community features, require account registration.

3.2 Eligibility

You must be at least thirteen (13) years of age to create an account on the Platform. Users under the age of 13 may only create an account with verifiable parental or guardian consent, in accordance with Article 8 of the GDPR and the Estonian Personal Data Protection Act (isikuandmete kaitse seadus), which sets the age of digital consent at 13.

QCR MTÜ will make reasonable efforts to verify that users meet the minimum age requirement. These efforts may include age declaration during registration and other verification measures as appropriate. QCR MTÜ will adapt its verification methods in accordance with evolving regulatory guidance from EU data protection authorities, including the European Data Protection Board (EDPB).

3.3 Account Registration

To access features requiring registration, you must create an account and provide accurate, current, and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify QCR MTÜ immediately at legal@qcrepository.org if you become aware of any unauthorized use of your account or any other breach of security.

4. User Content and Intellectual Property

4.1 Ownership

You retain full ownership of all Content you upload, submit, or create on the Platform. QCR MTÜ does not claim any ownership rights over your Content.

4.2 License Grant

By uploading Content to the Platform, you grant QCR MTÜ a non-exclusive, worldwide, royalty-free, revocable license to host, store, display, reproduce, cache, and distribute your Content solely for the purpose of operating and providing the Services. This license terminates when you delete your Content from the Platform, subject to Section 4.5 and any technically necessary retention period (such as backup cycles, which shall not exceed thirty (30) days from the date of deletion).

4.3 Content Licensing

By making your Content publicly available on the Platform, you grant each User a worldwide, royalty-free, non-exclusive license to view, use, reproduce, and cite your Content through the Platform's services and functionalities.

When Content contains notice of a reasonable and customary license (such as an open-source license), such Content is intended to remain under the terms of that license when further accessed, distributed, or used. Neither QCR MTÜ nor any User is permitted to remove reference to any such license.

QCR MTÜ does not enforce or verify licenses included in User Content and makes no representations regarding the compatibility or validity of any license chosen by a User.

4.4 User Responsibility

You are solely and entirely responsible for your Content. You represent and warrant that:

1. You own or have the necessary rights and licenses to upload and share the Content;
2. Your Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party;
3. Your Content does not contain any malicious code, viruses, or harmful components;
4. Your Content complies with all applicable laws and regulations, including export control regulations as described in Section 7.

4.5 No Endorsement

QCR MTÜ does not review, verify, or endorse User Content. The presence of Content on the Platform does not imply any approval, endorsement, or guarantee of accuracy by QCR MTÜ.

4.6 Permanent Identifiers and Citation Integrity

Content published on the Platform may be assigned a QCR ID for permanent citation. Upon deletion of Content by a User, the underlying circuit data and associated files will be removed. However, QCR MTÜ may retain the QCR ID record, including metadata (title, author name as displayed at the time of publication, creation date, and abstract), to preserve citation integrity and prevent broken references in academic and scientific literature. This retention is based on QCR MTÜ's legitimate interest in maintaining the reliability of scientific citations (GDPR Article 6(1)(f)). You may request erasure of this metadata by contacting us (see Section 19); such requests will be assessed on a case-by-case basis, balancing your data protection rights against the public interest in citation integrity.

4.7 Artificial Intelligence and Machine Learning

QCR MTÜ does not use User Content for training artificial intelligence or machine learning models. Third parties accessing Content through the Platform must respect the license terms chosen by the Content owner. Automated scraping or bulk downloading of Content for the purpose of training AI or machine learning models is prohibited without the express permission of the respective Content owners.

4.8 Content Removal by QCR MTÜ

QCR MTÜ reserves the right to remove or disable access to any Content that violates these Terms or applicable law, without prior notice where legally required or where the violation poses an imminent risk. In non-urgent cases, QCR MTÜ will make reasonable efforts to notify the User before or promptly after removal, with an explanation of the reasons.

5. Reporting Illegal Content

In accordance with Regulation (EU) 2022/2065 (Digital Services Act), QCR MTÜ provides the following mechanism for reporting Content that you believe to be illegal or that infringes your rights.

5.1 How to Submit a Report

Reports of illegal Content may be submitted by email to legal@qcrepository.org and must include:

1. A sufficiently substantiated explanation of the reasons why you allege the Content to be illegal;
2. A clear identification of the exact electronic location of the Content (such as the URL or QCR ID);
3. Your name and email address (anonymous reports may be considered but cannot be guaranteed the same level of follow-up);
4. A statement confirming your good-faith belief that the information provided is accurate and complete.

5.2 Processing of Reports

QCR MTÜ will process reports in a timely, diligent, non-arbitrary, and objective manner. Upon receipt of a sufficiently substantiated report, QCR MTÜ will:

1. Send an acknowledgment of receipt without undue delay;
2. Review the reported Content and make a decision;
3. Notify the reporter and, where applicable, the Content uploader, of the decision and the reasons for it;
4. Where Content is removed, provide the affected User with an explanation and information about available redress mechanisms.

5.3 Counter-Notice

If your Content has been removed or restricted and you believe this was done in error, you may submit a counter-notice to legal@qcrepository.org explaining why you believe the Content does not violate these Terms or applicable law. QCR MTÜ will review the counter-notice and may reinstate the Content if the counter-notice is substantiated.

6. Prohibited Conduct

You agree not to:

1. Upload Content that is unlawful, defamatory, obscene, threatening, or that incites hatred or violence;
2. Infringe upon the intellectual property or proprietary rights of others;
3. Attempt to gain unauthorized access to the Platform, its servers, or any connected systems;
4. Reverse-engineer, decompile, or disassemble any part of the Platform, except to the extent expressly permitted by applicable EU or Estonian law (including Directive 2009/24/EC on the legal protection of computer programs);
5. Use the Platform for any commercial purpose not expressly authorized by QCR MTÜ;
6. Impersonate any person or entity or misrepresent your affiliation with any person or entity;
7. Use automated systems (bots, scrapers, crawlers) to access the Platform without prior written consent, except for standard search engine indexing;
8. Interfere with or disrupt the integrity or performance of the Platform;
9. Circumvent, disable, or otherwise interfere with any security-related features of the Platform;
10. Use the Platform in violation of any applicable export control laws, sanctions, or trade restrictions as described in Section 7.

Violation of this section may result in immediate account suspension or termination, at QCR MTÜ's sole discretion, following the procedure described in Section 17.

7. Export Controls and Sanctions

Quantum computing technologies may be subject to export control regulations, including but not limited to Regulation (EU) 2021/821 (EU Dual-Use Regulation), national export control laws of EU Member States, and other applicable international trade control regimes.

7.1 User Obligations

By using the Platform, you represent and warrant that:

1. You are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive EU or United Nations sanctions;
2. You are not listed on any EU, UN, or applicable national restricted party list, including the EU Consolidated Financial Sanctions List;
3. You will not use the Platform or any Content obtained through it in violation of any applicable export control laws, sanctions, or embargo regulations;
4. You will not use the Platform to develop, design, or produce weapons of mass destruction, their delivery systems, or other prohibited end-uses under applicable export control regulations.

7.2 QCR MTÜ Obligations

QCR MTÜ will make reasonable efforts to ensure compliance with applicable export control and sanctions regulations. QCR MTÜ reserves the right to restrict access to the Platform or specific Content from any jurisdiction or user where QCR MTÜ reasonably believes such access would violate applicable export control or sanctions laws.

7.3 Disclaimer

Content on the Platform is provided for educational and research purposes. QCR MTÜ does not make any representation regarding the export classification of any specific Content. Users are solely responsible for determining the export control classification of any Content they upload or download and for obtaining any required licenses or authorizations.

8. QCR Platform Intellectual Property

All rights, title, and interest in and to the Platform, including its source code, design, architecture, trademarks, logos, and documentation, are and shall remain the exclusive property of QCR MTÜ. Nothing in these Terms grants you any right to use QCR MTÜ's trademarks, logos, or branding without prior written consent.

The Platform may include open-source software components, which are governed by their respective licenses. A list of such components and their licenses is available upon request.

9. Privacy and Data Protection

QCR MTÜ processes personal data in compliance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the Estonian Personal Data Protection Act (isikuandmete kaitse seadus). Full details are set out in our Privacy Policy, which forms an integral part of this agreement. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.

Under the GDPR, you have the following rights with respect to your personal data:

1. The right of access (Article 15);
2. The right to rectification (Article 16);
3. The right to erasure (Article 17);
4. The right to restrict processing (Article 18);
5. The right to data portability (Article 20);
6. The right to object (Article 21);
7. The right to lodge a complaint with the Estonian Data Protection Inspectorate (Andmekaitse Inspektsioon) or the supervisory authority in your country of habitual residence.

To exercise any of these rights, please contact us at privacy@qcrepository.org.

9.1 International Data Transfers

For Users located outside the European Economic Area (EEA), any transfer of personal data will be conducted in accordance with GDPR Chapter V, using appropriate safeguards such as Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914) or adequacy decisions.

9.2 Institutional Users and Data Processing Agreements

If you are using the Platform on behalf of an educational institution, research organization, or other entity that requires a Data Processing Agreement (DPA) under GDPR Article 28, please contact QCR MTÜ at privacy@qcrepository.org. QCR MTÜ will negotiate and execute a DPA in good faith to address applicable data protection requirements.

10. Cookies and Tracking Technologies

The Platform uses only essential cookies required for authentication and session management. These are placed without consent as they are strictly necessary under Article 5(3) of the ePrivacy Directive (2002/58/EC).

For analytics, the Platform uses Plausible Analytics, a privacy-friendly analytics tool that does not use cookies and does not collect personal data. No cookie consent banner is required.

The Platform does not use any advertising, tracking, or third-party cookies.

You may manage cookies through your browser settings. Please note that disabling essential cookies may prevent you from logging in or using authenticated features of the Platform.

For full details on data collection and processing, see our Privacy Policy.

11. Accessibility

QCR MTÜ is committed to ensuring that the Platform is accessible to all users, including those with disabilities. QCR MTÜ strives to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, in alignment with Directive (EU) 2019/882 (European Accessibility Act).

If you encounter accessibility barriers on the Platform, please contact us at support@qcrepository.org. We welcome feedback and will make reasonable efforts to address reported accessibility issues in a timely manner. QCR MTÜ will publish and maintain an accessibility statement on the Platform, describing the current level of conformance and known limitations.

12. Service Availability

QCR MTÜ will make reasonable efforts to maintain the availability and reliability of the Platform. However, the Platform is provided on an "as is" and "as available" basis. QCR MTÜ does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.

QCR MTÜ reserves the right to modify, suspend, or discontinue the Platform (or any part thereof) at any time, for maintenance, updates, or any other reason. QCR MTÜ will make reasonable efforts to provide advance notice of planned downtime via the Platform.

13. Force Majeure

QCR MTÜ shall not be liable for any failure to perform, or delay in performing, any of its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control ("Force Majeure Event"). Force Majeure Events include, but are not limited to:

1. Natural disasters, epidemics, or pandemics;
2. Acts of war, terrorism, civil unrest, or government sanctions;
3. Cyberattacks, distributed denial-of-service attacks, or other security incidents;
4. Failures of third-party infrastructure, hosting, cloud, or telecommunications providers;
5. Changes in applicable law or regulation that materially affect the provision of the Services;
6. Power outages or utility failures.

In the event of a Force Majeure Event, QCR MTÜ will make reasonable efforts to notify Users of the disruption and its expected duration, and to resume normal operations as soon as practicable.

14. Disclaimer of Warranties

To the maximum extent permitted by applicable law, QCR MTÜ disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

QCR MTÜ does not warrant the accuracy, completeness, or reliability of any Content uploaded by Users. QCR MTÜ does not endorse any User Content and shall not be liable for any reliance placed on such Content.

Quantum circuit simulations provided through the Platform are intended for educational and research purposes. QCR MTÜ does not guarantee the accuracy of simulation results and shall not be liable for any decisions or actions taken based on such results.

This disclaimer does not affect any mandatory statutory rights you may have as a consumer under EU or national law.

15. Limitation of Liability

To the maximum extent permitted by Estonian and EU law, QCR MTÜ, its directors, employees, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of revenue, or loss of opportunity, arising out of or in connection with your use of the Platform.

The Platform is provided free of charge. In no event shall QCR MTÜ's total aggregate liability for any and all claims arising out of or related to these Terms or the Platform exceed one hundred euros (€100). Should the Platform introduce paid services in the future, the liability cap for claims arising from such paid services shall be the greater of (a) the total fees paid by you to QCR MTÜ in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred euros (€100).

Nothing in these Terms shall exclude or limit liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation;
• Gross negligence or wilful misconduct;
• Any other liability that cannot be excluded or limited under mandatory Estonian, EU, or applicable national law.

If you are a consumer in the European Union, this section does not affect any mandatory consumer protection rights under the national law of your country of habitual residence, including those arising under Directive 93/13/EEC on unfair terms in consumer contracts.

16. Indemnification

This section applies to Users acting in a professional or commercial capacity. If you are a consumer within the meaning of EU consumer protection law, this section does not apply to you, and nothing in this section shall be construed to impose obligations on consumers that would be unfair under Directive 93/13/EEC.

If you are a professional or commercial User, you agree to indemnify, defend, and hold harmless QCR MTÜ, its directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Platform in breach of these Terms;
• Your Content, including any third-party claims of infringement;
• Your violation of any applicable law or regulation, including export control laws;
• Your infringement of any third-party rights.

17. Termination

17.1 Termination by You

You may terminate your account at any time by using the account deletion feature on the Platform or by contacting QCR MTÜ at support@qcrepository.org. Upon your request, QCR MTÜ will delete your account and associated personal data in accordance with the Privacy Policy and the data retention schedule therein, subject to any legally required retention obligations and Section 4.6.

17.2 Termination by QCR MTÜ

QCR MTÜ may suspend or terminate your account and access to the Platform in the following circumstances:

• Material or repeated violation of these Terms;
• Use of the Platform in a manner that poses a security risk or may cause harm to other Users or the Platform;
• Requests by law enforcement or judicial authorities;
• Extended periods of inactivity exceeding twenty-four (24) months.

Except in cases of severe or urgent violations (such as illegal activity or security threats), QCR MTÜ will provide at least fourteen (14) days' written notice of termination, with an explanation of the reasons and an opportunity to respond or remedy the violation.

17.3 Survival

Upon termination, your right to use the Platform ceases immediately. Sections 4.1, 4.6, 7, 8, 13, 14, 15, 16, 18, 19, and this Section 17.3 shall survive termination.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law principles.

18.2 Jurisdiction

Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Tallinn, Republic of Estonia (Harju Maakohus).

18.3 EU Consumer Rights

If you are a consumer habitually resident in the European Union, you shall also enjoy the protection of any mandatory provisions of the law of your country of residence. Nothing in these Terms affects your rights as a consumer under applicable EU consumer protection legislation, including Directive 2011/83/EU on consumer rights and Directive 93/13/EEC on unfair terms in consumer contracts.

18.4 Good-Faith Negotiation

Before initiating formal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least thirty (30) days from written notification of the dispute.

18.5 Costs

In any dispute arising under these Terms, each party shall bear its own legal costs and expenses, unless a court of competent jurisdiction orders otherwise. This provision does not affect any rights to recover costs that may be available to consumers under mandatory national law.

19. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and QCR MTÜ regarding the use of the Platform and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, 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 the original intent of the parties.

20.3 Waiver

The failure of QCR MTÜ to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by QCR MTÜ.

20.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of QCR MTÜ, which shall not be unreasonably withheld. QCR MTÜ may assign its rights and obligations under these Terms in the event of a merger, acquisition, reorganization, or sale of substantially all of its assets, provided that (a) the assignee agrees to be bound by these Terms, and (b) Registered Users are notified of the assignment at least thirty (30) days in advance.

20.5 Language

These Terms are drafted in English. In the event of a translation, the English version shall prevail in all matters of interpretation.

20.6 Third-Party Rights

These Terms do not confer any rights on any third party, except as expressly stated herein.