Tips For Drafting Quantum Service Agreements

This guide outlines the considerations for drafting and negotiating quantum service agreements, particularly in the context of quantum computing as a service (QaaS). It begins by explaining the emerging viability of quantum computing and the necessity for companies to access this technology through third-party platforms. The document details unique challenges associated with quantum computing, including hardware development, maintenance, and error management. It emphasizes the importance of service level agreements (SLAs) that reflect the specific capabilities of quantum systems, which may differ from traditional software-as-a-service (SaaS) agreements. Additionally, it addresses cybersecurity risks inherent in hybrid systems and the need for compliance with export controls. The guide concludes by highlighting the evolving nature of legal and regulatory frameworks for quantum computing, stressing the importance of flexibility in contractual terms to adapt to ongoing technological advancements.