PathwaysPathways User Terms of Service

Effective Date: January 1, 2025

Welcome to Pathways, operated by IWYNO FINWORKS LLC dba QWYK iSoft ("QWYK iSoft," "we," "us," or "our"). These Terms of Service ("ToS") govern your use of the Pathways platform ("Platform"), a technology service that connects users with peer advisors for college admissions and career guidance. By accessing or using the Platform, you agree to be bound by these terms. If you do not agree, you may not use the Platform.

1. Nature of the Platform

Pathways is a technology platform that facilitates connections between users ("you" or "User") seeking college admissions or career guidance and peer advisors ("Advisors"), who are independent contractors offering non-professional advice based on their personal experiences. QWYK iSoft does not provide counseling, legal advice, or professional services. We are not responsible for the content, quality, or outcome of any advice provided by Advisors.

2. Eligibility

To use the Platform, you must:

Be at least 13 years old. Users under 18 must provide verifiable parental consent during registration, such as a signed consent form or guardian verification email. Provide accurate, complete, and current information during registration. Comply with all applicable laws and these ToS.

QWYK iSoft reserves the right to suspend or terminate your account if you fail to meet these requirements, including lack of valid parental consent for minors.

3. User Responsibilities

You agree to:

Use the Platform only for lawful purposes and in accordance with these ToS. Interact respectfully with Advisors and refrain from harassment, discrimination, or abusive behavior. Provide truthful information when booking sessions or submitting feedback. Use only the Platform’s designated communication and payment systems for all Advisor interactions.

You acknowledge that Advisors are not employees or agents of QWYK iSoft and that you engage with them at your own risk.

4. Advisor Interactions and Disclaimer

Independent Contractors: Advisors are independent contractors, not employed by QWYK iSoft. They set their own rates ($80–$150/hour, billed at $40–$75 per 30-minute session) and provide advice based on personal experience, not professional qualifications. No Guarantees: QWYK iSoft does not guarantee the accuracy, reliability, or effectiveness of advice provided by Advisors. Any decisions you make based on Advisor interactions are your sole responsibility. Non-Professional Advice: Advisors do not provide professional counseling, legal, or financial advice. You should consult licensed professionals for such needs. Before each session, you will receive a reminder that Advisor advice is non-professional and provided at your own risk. Advisor Vetting: QWYK iSoft conducts basic vetting of Advisors but does not guarantee the accuracy of their qualifications or experiences. You are responsible for evaluating Advisor suitability before booking. Platform Role: QWYK iSoft’s role is limited to facilitating connections and processing payments. We do not control, endorse, or verify the content of Advisor advice.

5. Payments and Fees

Session Fees: You agree to pay the Advisor’s rate ($40–$75 per 30-minute session), a $10 booking fee, and a 16% platform fee for each session, as displayed at booking. Subscription Option: You may opt for a $29.99/month subscription, which includes a 10% discount on all sessions. Subscriptions auto-renew monthly until canceled. Payment Processing: All payments are processed securely through the Platform’s designated payment system (e.g., Stripe). You may not make payments outside the Platform. Refunds: Refunds may be issued for sessions canceled due to technical issues or Advisor no-shows, provided you notify us within 7 days via [email protected]. Refunds for dissatisfaction with advice quality are not guaranteed, as Advisor performance is independent of QWYK iSoft.

6. Platform Integrity and Anti-Bypass Measures

To ensure a safe and reliable experience:

All communications with Advisors must occur through the Platform’s messaging system. All payments must be made via the Platform’s payment system. You may not submit content that is defamatory, illegal, or violates third-party rights. QWYK iSoft may remove such content and suspend your account but is not liable for user-generated content. Off-platform interactions or payments void QWYK iSoft’s refund, support, or dispute resolution obligations and may result in account suspension.

7. Limitation of Liability

To the fullest extent permitted by law:

QWYK iSoft is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Platform or interactions with Advisors, including but not limited to errors in advice, application outcomes, or financial losses. The Platform is provided "as is" without warranties of any kind, express or implied, including fitness for a particular purpose or non-infringement. QWYK iSoft is not responsible for Advisor conduct, advice, or any disputes arising between you and Advisors. Our total liability, if any, shall not exceed the fees you paid to the Platform in the preceding 12 months.

8. Indemnification

You agree to indemnify, defend, and hold harmless QWYK iSoft, its affiliates, officers, directors, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from your use of the Platform, violation of these ToS, or interactions with Advisors.

9. Intellectual Property

Platform Content: All Platform content, including text, logos, and software, is owned by QWYK iSoft or its licensors and protected by intellectual property laws. You may not reproduce, distribute, or modify it without permission. User Content: You retain ownership of any content you submit (e.g., feedback, application materials), but grant QWYK iSoft a non-exclusive, royalty-free license to use, store, and display it as necessary to operate the Platform.

10. Privacy and Data Protection

Your use of the Platform is subject to our Privacy Policy, which complies with GDPR, COPPA, and other applicable laws. We collect, store, and use your data only as necessary to provide services and do not sell or share it beyond operational needs. You agree to maintain the confidentiality of any Advisor information shared during sessions.

11. Termination

You may terminate your account at any time by contacting [email protected]. QWYK iSoft may suspend or terminate your account for violating these ToS, engaging in fraudulent activity, or at our discretion with notice. Upon termination, your access to the Platform will cease, but any outstanding payment obligations remain.

12. Dispute Resolution

Governing Law: These ToS are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Arbitration: Any disputes arising from these ToS or your use of the Platform will be resolved through binding arbitration in Wilmington, Delaware, conducted by a neutral arbitrator under the American Arbitration Association rules. You waive the right to participate in class actions or pursue litigation in court. Exceptions: QWYK iSoft may seek injunctive relief in court for intellectual property or confidentiality breaches.

13. Modifications to Terms

QWYK iSoft may update these ToS at any time. We will notify you via email or through the Platform. Continued use of the Platform after changes constitutes your acceptance of the new terms.

14. Force Majeure

QWYK iSoft is not liable for delays or failures in performance due to events beyond our control, including natural disasters, cyberattacks, or government actions.

15. Miscellaneous

Entire Agreement: These ToS, along with the Privacy Policy, constitute the entire agreement between you and QWYK iSoft regarding the Platform. Severability: If any provision is found unenforceable, the remaining provisions remain in effect. No Waiver: Our failure to enforce any right does not waive that right. Assignment: You may not assign your rights under these ToS without our consent. QWYK iSoft may assign its rights freely.

16. Contact Us

For questions or concerns about these Terms of Service, contact us at:

Email: [email protected]

By using Pathways, you confirm that you have read, understood, and agree to these Terms of Service. IWYNO FINWORKS LLC dba QWYK iSoft[Insert Date]