Contracting for Quantum-as-a-Service For Legal Organizations

The gradual adoption of quantum computing for commercial use has given rise to Quantum-as-a-Service (QaaS), a model that enables organizations to remotely access quantum capabilities without investing in on-premises infrastructure.

A blog by the Covington firm explains that these are similar in structure to Software-as-a-Service arrangements, but introduce a new legal and operational environment marked by significant technological and regulatory uncertainty.

Although law firms and corporate departments have begun exploring these offerings, the ramifications of contracting in quantum space are not yet fully understood.

The issues stem from quantum computing’s unique reliance on specialized, expensive hardware and its dependence on hybrid architectures that integrate classical and quantum systems. 

Because these platforms remain experimental, conventional SaaS contract norms such as strict uptime standards or predictable cost structures often cannot be met. QaaS has therefore prompted a rethinking of how risk, cost, and responsibility are distributed between customers and providers in early-stage commercial deployments.

The Covington discussion identifies key issues shaping QaaS contracts. These include service levels that must account for technical instability, expanded support obligations covering hardware maintenance, and pricing models for balancing predictability against high operating costs.

The blog also raises cybersecurity and export control considerations. It states that sensitive data stored in classical systems may be vulnerable under current encryption standards, and that export restrictions may affect data location and system access.

From a legal standpoint, the article suggests that Quantum-as-a-Service contracts demand forward-looking drafting that accommodates rapid technological change. Counsel should address allocation of compliance costs, ensure export and cybersecurity safeguards align with evolving regulations, and consider vested or collaborative contracting models to preserve adaptability and mitigate disputes as the quantum industry matures.