Terms & Conditions of use

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Effective Date: January 1, 2025

Introduction

Welcome to QWYK iSoft dba IWYNO FINWORKS LLC ("QWYK," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our software, web-based solutions, mobile applications, and core software functionalities (collectively, "Services") provided by QWYK. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

Additional terms and conditions may apply to specific Services or products ("Specific Terms"). In the event of a conflict between these Terms and any Specific Terms, the Specific Terms will prevail.

1. Acceptance of Terms

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (available at [Insert Link]). These Terms constitute a legally binding agreement between you and QWYK.

2. Description of Services

QWYK provides a variety of software tools, web-based solutions, mobile applications, and core software functionalities designed for end-users and developers. Our Services are intended to help businesses and individuals accelerate their "time to market" by providing efficient, scalable solutions. We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice.

3. User Responsibilities

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are responsible for:

  • Ensuring that your use of the Services complies with all applicable laws and regulations.
  • Maintaining the confidentiality of any account credentials or access keys associated with your use of the Services.
  • Any content, data, or materials you upload, transmit, or otherwise make available through the Services.

You acknowledge that QWYK is not responsible for any third-party content, applications, or services that integrate with or use our Services.

4. Intellectual Property

All intellectual property rights in the Services, including but not limited to software code, design, logos, and documentation, are owned by QWYK or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business or personal purposes, as applicable, and in accordance with these Terms.

You may not:

  • Reverse engineer, decompile, or disassemble any part of the Services.
  • Modify, distribute, or create derivative works based on the Services without our express written consent.
  • Use the Services in any manner that infringes on the rights of QWYK or any third party.

5. No Warranty; Limitation of Liability

5.1 No Warranty

Our Services are provided "as is" and "as available" without any warranties of any kind, whether express or implied. QWYK does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee the accuracy, reliability, or suitability of the Services for any purpose.

5.2 Limitation of Liability

To the fullest extent permitted by law, QWYK shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, data, use, or other intangible losses, arising out of or related to your use of the Services.

Our total liability to you for any claim arising out of or relating to these Terms or the Services, whether in contract, tort, or otherwise, shall not exceed the amount you paid to QWYK for the specific Service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim. If no payment was made, our liability is limited to $100.

You acknowledge and agree that QWYK shall not be liable for any damages or harm caused by:

  • Bugs, errors, defects, or interruptions in the Services.
  • Your use of the Services in combination with third-party software, hardware, or services.
  • Your failure to update or maintain your systems or software.

6. Indemnification

You agree to indemnify, defend, and hold harmless QWYK, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any rights of another party.

7. Termination

We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in Austin, Texas, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

9. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

10. Contact Us

If you have any questions about these Terms, please contact us at:

QWYK iSoft dba IWYNO FINWORKS LLC
[Insert Address]
Austin, TX
Email: [email protected]
Phone: [Insert Phone Number]