Terms of Service

Effective Date: July 10, 2026

1. Agreement to These Terms

1.1 These Terms of Service ("Terms") form a binding agreement between you and AGW Solutions, LLC, a North Carolina limited liability company ("AGW Solutions," "we," "us," or "our"), governing your access to and use of the AwayAuth application, website, and related services (collectively, the "Service").

1.2 By creating an account, enabling a credential, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility and Capacity

2.1 You must be at least 18 years old and have the legal capacity to enter into a binding contract. The Service is not directed to and may not be used by children.

2.2 You must provide accurate account information and keep it current.

2.3 You may not use the Service if you are barred from doing so under applicable law or if your access has previously been terminated by us.

3. Description of the Service

3.1 AwayAuth is a personal anti-impersonation tool. It helps two people on a phone call confirm each other's identity by exchanging rotating one-time codes derived from a shared pairing secret, together with an in-app confirmation step.

3.2 The Service offers a Personal plan at no charge and a paid Family plan that lets you cover additional people close to you. Plan features and prices are shown in the app and may change as described in these Terms.

3.3 What verification means — and does not mean. The Service verifies identity signals during a call. It confirms that the party you are communicating with controls the credential and pairing associated with a given identity. It is not, and must not be relied upon as, a guarantee of the other party's honesty, intent, trustworthiness, authority, or the safety of any transaction.

3.4 A verified caller may still act improperly. Verification confirms who you are speaking with to the extent of the identity signals presented; it does not confirm that what they ask of you is legitimate, authorized, or safe. A properly verified person can still make a mistake, exceed their authority, or attempt to defraud you. Verification is one factor in your decision-making and does not replace your own judgment, your own precautions, or applicable law.

3.5 We may add, modify, suspend, or discontinue features of the Service at any time, subject to Section 6 (Fees, Billing, and Cancellation) for the paid plan.

4. Accounts, Credentials, and Security Responsibilities

4.1 Passwordless authentication. The Service uses passwordless authentication based on passkeys/WebAuthn (FIDO2) and biometric device unlock. We do not use SMS one-time passcodes. Hardware security keys are supported. Your biometric data never leaves your device and is never transmitted to or stored by AwayAuth.

4.2 Safeguarding your devices and keys. You are responsible for maintaining the security of the devices, passkeys, and hardware security keys you use with the Service, including keeping your device and authenticators secure, enabling device lock, and promptly removing or rotating credentials you no longer control.

4.3 The "no verification, no conversation" responsibility. The Service is designed to fail closed. If verification does not succeed or is unavailable, you should not proceed as if the other party's identity were confirmed. You are responsible for declining to continue a sensitive conversation, or for taking additional independent steps to confirm identity, when verification has not succeeded.

4.4 Notify us of compromise. You must promptly notify us at security@awayauth.com if you believe your account, a credential, or a pairing secret has been compromised or used without authorization.

4.5 You are responsible for activity under your account, except to the extent caused by our failure to meet our obligations under these Terms or applicable law.

5. Acceptable Use and Prohibited Conduct

5.1 You agree not to use the Service to: (a) harass, threaten, defraud, or deceive any person; (b) impersonate any person or entity, or misrepresent your identity, affiliation, or authorization; (c) send unsolicited, automated, bulk, or repeated verification requests ("spam-verify") or otherwise abuse the verification workflow; (d) circumvent, disable, probe, or defeat the security model, rate limits, or integrity controls; (e) reverse engineer, decompile, or extract source code, pairing secrets, or cryptographic material, except where this restriction is prohibited by law; (f) access the Service through unauthorized automated means or interfere with its operation; (g) upload or transmit malware or compromise the security or availability of the Service; (h) use the Service in violation of applicable law or third-party rights; or (i) build a competing product or benchmark it without our prior written consent.

5.2 We may investigate suspected violations and may suspend or terminate access to protect the Service, our users, or third parties.

6. Fees, Billing, and Cancellation

6.1 Free plan. The Personal plan is provided at no charge, subject to these Terms and reasonable anti-abuse limits.

6.2 Paid plan. Family-plan fees are charged on a subscription basis at the interval stated when you subscribe (for example, monthly or annually), billed in advance unless otherwise agreed. You authorize us and our payment processor to charge your designated payment method for all applicable fees and taxes.

6.3 Security key rotations are free. Rotating or replacing passkeys, hardware security keys, or pairing secrets — whether for routine hygiene or incident response — is always free and never, by itself, incurs additional charges. We encourage prompt rotation following any suspected compromise.

6.4 Taxes. Fees are exclusive of taxes; you are responsible for applicable sales, use, VAT, or similar taxes other than taxes on our net income.

6.5 Renewal and cancellation. Paid subscriptions renew automatically unless cancelled before the end of the then-current term. You may cancel through your account settings or by contacting support@awayauth.com. Cancellation stops future renewals and does not retroactively refund the current term except as stated below or as required by law.

6.6 Refunds. Except where required by law or expressly stated at purchase, fees are non-refundable. We may, in our discretion, offer prorated credits for extended service unavailability attributable to us.

6.7 Non-payment. We may suspend or downgrade paid features for overdue amounts after reasonable notice.

7. Intellectual Property

7.1 Our rights. The Service, including its software, cryptographic design, interfaces, trademarks, and content, is owned by AGW Solutions or its licensors and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

7.2 Your data. As between you and us, you retain all rights to the data you provide (including your account data). You grant us a limited license to host, process, and use that data solely to provide, secure, support, and improve the Service, and as described in the Privacy Policy.

7.3 Feedback. If you give us feedback or suggestions, you grant us a perpetual, royalty-free license to use it without restriction or obligation to you.

8. Third-Party Services

8.1 The Service relies on third-party providers, including Amazon Web Services (AWS) for hosting and infrastructure (US region) and device authenticator and passkey ecosystems provided by operating-system and hardware vendors. Your use of those components may be subject to their own terms. We are not responsible for the acts, omissions, or availability of third-party services, though we select providers with care.

9. Disclaimers of Warranties

9.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9.2 No guarantee against fraud. WE DO NOT WARRANT THAT THE SERVICE WILL DETECT, PREVENT, OR ELIMINATE ALL IMPERSONATION, FRAUD, OR SOCIAL-ENGINEERING ATTEMPTS. A SUCCESSFUL VERIFICATION CONFIRMS IDENTITY SIGNALS ONLY AND IS NOT A REPRESENTATION THAT ANY CALL, REQUEST, OR TRANSACTION IS LEGITIMATE, AUTHORIZED, OR SAFE.

9.3 Availability. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE SERVICE IS DESIGNED TO FAIL CLOSED; WHEN VERIFICATION IS UNAVAILABLE, YOU SHOULD NOT PROCEED AS IF IDENTITY WERE CONFIRMED.

9.4 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

10. Limitation of Liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGW SOLUTIONS AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Verification outcomes. WITHOUT LIMITING SECTION 9, WE ARE NOT LIABLE FOR LOSSES ARISING FROM YOUR RELIANCE ON A VERIFICATION RESULT, INCLUDING ANY CLAIM THAT A "VERIFIED" INDICATION CAUSED YOU TO PROCEED WITH A CALL, DISCLOSURE, OR TRANSACTION THAT RESULTED IN HARM. VERIFICATION CONFIRMS IDENTITY SIGNALS ONLY.

10.3 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

10.4 These limitations apply regardless of the theory of liability and form an essential basis of the bargain. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11. Indemnification

11.1 You agree to defend, indemnify, and hold harmless AGW Solutions and its officers, members, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms or applicable law; or (c) your infringement of any third-party right.

12. Suspension and Termination

12.1 You may stop using the Service and delete your account at any time.

12.2 We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by law, or to protect the Service or its users. For paid subscriptions, we will use reasonable efforts to provide notice of termination for cause.

12.3 Upon termination, your license to use the Service ends. Provisions that by their nature should survive (including Sections 7, 9, 10, 11, and 13) will survive. Data handling on termination is described in the Privacy Policy.

13. Governing Law and Dispute Resolution

13.1 Governing law. These Terms are governed by the laws of the State of North Carolina and applicable U.S. federal law, without regard to conflict-of-laws principles.

13.2 Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting legal@awayauth.com. We will attempt in good faith to resolve it within 30 days.

13.3 Binding arbitration; class waiver. If a dispute is not resolved informally, it will be settled by binding arbitration administered by the American Arbitration Association under its applicable rules, on an individual basis, seated in North Carolina (or, at your election as a consumer, in your home county, or by videoconference). Each party waives any right to a jury trial and to participate in a class or representative action, to the extent permitted by law. This provision does not prevent either party from seeking injunctive or equitable relief in court for intellectual-property or unauthorized-access matters, or from bringing an individual claim in small-claims court.

13.4 Consumer opt-out. You may opt out of the arbitration and class-waiver provisions in Section 13.3 by notifying us at legal@awayauth.com within 30 days of first accepting these Terms; opting out does not affect any other provision.

13.5 Venue. To the extent a claim is not subject to arbitration, the state and federal courts located in North Carolina will have exclusive jurisdiction, and you consent to that jurisdiction and venue.

14. General

14.1 Changes. We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new Effective Date or notifying you in-app or by email). Your continued use after the changes take effect constitutes acceptance.

14.2 Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service and supersede prior agreements on the subject.

14.3 Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary.

14.4 No waiver. Our failure to enforce any provision is not a waiver of it.

14.5 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

14.6 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

15. Beta Access and Confidentiality

15.1 Beta and invitation-only access. Access may be provided on an invitation-only, early-access, or beta basis. Beta features are provided for evaluation, may be incomplete, may change or be withdrawn without notice, and may contain errors. They are provided "AS IS," without any service-level commitment, and Sections 9 and 10 apply fully.

15.2 Confidentiality of the Service. If you are granted early-access or beta access, you agree to keep confidential, and not to disclose to any third party, non-public information about the Service — including its features, user interfaces, screenshots, workflows, pricing, performance, and the content of your evaluation — except with our prior written consent or as required by law. You further agree not to share access with, demonstrate, or describe the Service to any person or entity that develops, or that you reasonably believe intends to develop, a competing product or service. This obligation continues until the information becomes publicly available through no fault of yours.

15.3 No competing use. For clarity, the restrictions in Section 5.1 — including that you will not use the Service to build a competing product or to benchmark it without our prior written consent, and will not reverse engineer it — apply fully to any beta or early-access use.

15.4 Feedback. We welcome your feedback during beta; Section 7.3 governs our use of it.

16. Contact

AGW Solutions, LLC — General: support@awayauth.com · Legal: legal@awayauth.com · Security: security@awayauth.com. Contact legal@awayauth.com for our registered mailing address.