CommonAUTH Terms of Service (for End Users)

Effective Date: March 30, 2025

These Terms of Service ("Terms") govern your use of the CommonAUTH services ("Service") provided by QWYK iSoft, a dba of IWYNO Finworks LLC ("CommonAUTH," "we," "us," or "our"). By accessing or using the Service, you ("User," "you," or "your") agree to be bound by these Terms, including any additional terms and policies incorporated by reference. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By clicking "I Agree," registering for an account, or using the Service in any manner, you represent that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a business or organization, you warrant that you have the authority to bind that entity, and "you" and "your" will refer to that entity.

2. Description of Service

CommonAUTH provides authentication and authorization services, including but not limited to single sign-on (SSO), multi-factor authentication (MFA), password management, and social sign-in options, to enable users to sign in and sign up for third-party client platforms ("Client Platforms"). We may also offer optional features such as data anonymization to protect user privacy. The Service is intended for personal and non-commercial use unless otherwise agreed in writing.

We will use commercially reasonable efforts to ensure the Service is available [e.g., 99.9%] of the time, excluding scheduled maintenance and events beyond our control (e.g., natural disasters, third-party outages). However, we do not guarantee uninterrupted or error-free operation, and you acknowledge that your use of the Service is at your own risk, subject to the limitations and disclaimers herein.

3. User Obligations

As a condition of your use of the Service, you agree not to:

  • Use the Service for any unlawful purpose or in violation of these Terms.
  • Attempt to access or use the Service through unauthorized means, such as automated scripts, web crawlers, or bots, unless explicitly permitted.
  • Engage in any activity that disrupts or interferes with the Service, its servers, networks, or the use of the Service by others.
  • Store, upload, or transmit any malicious code, viruses, or unlawful material through the Service.
  • Share, transfer, or sell your account credentials or access rights to any third party.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Use the Service to infringe on the intellectual property, privacy, or other rights of any third party.

You are solely responsible for:

  • Maintaining the confidentiality of your account information and securing your devices, passwords, and any authentication methods (e.g., enabling MFA when available).
  • All activities that occur under your account, including any unauthorized access resulting from your failure to secure your credentials or devices.
  • Ensuring that your use of any Client Platform integrated with the Service complies with their terms and policies, as we are not responsible for their actions or data practices.

4. Client Platform Obligations

Client Platforms that integrate with CommonAUTH must comply with their own terms and our Client Platform Terms of Service. CommonAUTH is not responsible for the content, security, or practices of any Client Platform. Your use of any Client Platform is at your own risk and subject to their terms and conditions. You acknowledge that any issues, losses, or damages arising from your interaction with Client Platforms are not our responsibility.

5. Data Protection and Privacy

We are committed to protecting your data and providing secure authentication services. Our Privacy Policy, available at [insert URL], governs how we collect, use, and protect your personal information. You agree that:

  • We may process your data to provide the Service, ensure security, and comply with legal obligations.
  • You may opt for data anonymization, where only necessary information is shared with Client Platforms for authentication purposes.
  • We will not store sensitive data such as personal health information, financial data, or credit card details unless required by law or explicitly agreed upon.

You are responsible for reviewing and understanding our Privacy Policy and any privacy notices provided by Client Platforms.

6. Intellectual Property

The Service and all related content, including text, graphics, logos, and software, are the exclusive property of CommonAUTH or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent.

7. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMMONAUTH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE PRECEDING 12 MONTHS, OR $100, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK, AND YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSSES, DAMAGES, OR COSTS RESULTING FROM YOUR ACTIONS, INACTIONS, OR USE OF CLIENT PLATFORMS. WE ARE NOT LIABLE FOR ANY HARM CAUSED BY YOUR FAILURE TO SECURE YOUR ACCOUNT, DEVICES, OR CREDENTIALS, OR BY THE ACTIONS OR OMISSIONS OF CLIENT PLATFORMS.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE PERFORMANCE, SECURITY, OR RELIABILITY OF ANY CLIENT PLATFORM OR THIRD PARTY WITH WHICH YOU INTERACT THROUGH THE SERVICE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF SUCH THIRD PARTIES.

9. Indemnification

You agree to indemnify and hold CommonAUTH, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Service in violation of these Terms.
  • Your breach of any applicable laws, regulations, or third-party rights.
  • Any unauthorized access to your account or data due to your failure to secure your credentials, devices, or account.
  • Any claims by third parties (including Client Platforms) related to your actions, inactions, or use of the Service.
  • Any losses or damages resulting from your interaction with Client Platforms or other third parties.

10. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, and without notice, if you violate these Terms or if we believe your use poses a risk to us, our users, or the Service. Upon termination, you must immediately cease using the Service.

If your account is terminated, you may request a reasonable period (not to exceed 30 days) to retrieve any data associated with your account, subject to applicable laws. CommonAUTH is not responsible for any loss, corruption, or inability to use such data after termination, and you assume all risk for any such loss.

11. Changes to Terms

We may update these Terms at any time to reflect changes in our practices, legal requirements, or other factors. Any changes will be effective upon posting on our website or within the Service, and we will notify you of significant changes via email or a prominent notice at least 30 days in advance. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles. Any disputes arising out of or related to these Terms or the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in [City, State], unless we agree otherwise in writing.

You and CommonAUTH agree that any arbitration shall be conducted on an individual basis only and not as a class, collective, consolidated, or representative action. Neither party may join or consolidate claims by or against other individuals or entities, or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. If any portion of this arbitration agreement is found to be unenforceable, the remainder shall remain in full force and effect.

You may opt out of the arbitration agreement within 30 days of accepting these Terms by sending a written notice to [email protected] with your name, account details, and a clear statement that you wish to opt out. If you opt out, any disputes will be resolved through litigation in the state or federal courts located in [Your State].

We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated by an individual user, up to $1,000. If the arbitrator awards you relief that is greater than our last written settlement offer, we will also reimburse your reasonable attorneys’ fees and costs. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, government actions, or third-party service failures. In such cases, the affected party’s obligations shall be suspended for the duration of the event.

14. Miscellaneous

  • These Terms constitute the entire agreement between you and CommonAUTH regarding the Service and supersede all prior agreements.
  • If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  • You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment without consent is void.

15. Contact Us

If you have any questions about these Terms, please contact us via the contact us section of the QWYK iSoft website or email us at [email protected] wtih subject "CommonAUTH Terms"