Terms of Service

Terms for using Qwayk’s website, memberships, and downloadable tools (local-first; you control keys and actions).

Qwayk

Related: Privacy Policy · Disclaimer

Summary (plain English)

Qwayk provides downloadable software tools and documentation. You run the tools on your own systems. You control the API keys and permissions. You are responsible for any changes made through third-party APIs.

1) Who we are

“Qwayk” refers to Qwayk LLC (“we”, “us”, “our”), the website, and the software tools we provide.

2) What these terms cover

These terms apply to your use of:

  • the Qwayk website, and
  • any tools, code, downloads, and documentation we make available (public or members-only).

If there is a conflict between these terms and our Privacy Policy, the Privacy Policy controls for privacy/data topics.

3) Acceptance

By accessing or using the site, creating an account, or purchasing a membership (if offered), you agree to these terms. If you do not agree, do not use the site.

If you are using Qwayk on behalf of a company, you represent that you have authority to bind that company to these terms.

If we provide a checkbox or similar “I agree” mechanism during signup or checkout, clicking it is treated as your acceptance of these terms.

You consent to receive communications from us electronically (for example, by email or by posting notices on the site). For legal purposes, you agree that electronic communications satisfy any “in writing” requirement unless applicable law requires a different format.

We may keep records of your acceptance (for example: the version date and a timestamp) for compliance and dispute-resolution purposes.

Practical note: We intend to use Ghost Portal’s “signup terms” (a required checkbox) as the default acceptance mechanism.

4) Eligibility and age

  • This site is not directed to children.
  • You must be at least 13 years old to create an account.
  • You must be at least 18 years old (or the age of majority in your jurisdiction) to purchase a paid membership (if offered).

5) Accounts and security

You are responsible for:

  • keeping your login credentials secure
  • maintaining accurate account information
  • all activity on your account

Unless we explicitly offer a team plan, your account is for a single individual.

You may not share your account credentials with others.

If you believe your account has been compromised, contact us.

6) Local-first tools and customer responsibility (important)

You agree that:

  • You will use your own API keys and accounts.
  • You will choose permissions/scopes and are responsible for them.
  • You will test in a safe environment when possible.
  • You will comply with the terms of the APIs you use and applicable laws.
  • You are responsible for backups and verification when you run write actions (for example: review the dry-run output, and confirm results after applying changes).
  • You are responsible for any third-party fees, limits, suspensions, or enforcement actions that result from your API usage.

7) License and intellectual property

  • We grant you a limited, non-exclusive, revocable license to use the tools and documentation, subject to your plan/tier and these terms.
  • Access is granted per Ghost member account and is single-seat (one human user; not shareable).
  • You may modify the code for your own use, but you may not resell, redistribute, sublicense, or publicly mirror private repos or member-only materials.
  • You may not use our private repos or member-only materials to create a competing “tool library” product or repackage them as a standalone paid offering.
  • We and our licensors retain all rights not expressly granted.

This license does not grant you ownership of our tools, code, or content.

Plan/tier boundary (Builder vs Studio)

If we offer paid tiers, the plan/tier you purchase determines your permitted use.

  • Builder (individual; non-commercial): personal projects, learning, and portfolio work. Not permitted for client work, employer work, or any revenue-generating/business use.
  • Studio (commercial): permitted for client work, agency work, internal company work, and other revenue-generating/business use.

Both tiers remain single-seat and non-transferable. If multiple people are using Qwayk tools, each person needs their own membership.

Outputs

You may use outputs/results (for example: reports, exported data, content, screenshots, logs) in your own projects, including client work, as long as your tier permits that usage.

Not permitted:

  • Share members-only access, repos, or downloads with anyone who is not covered by your tier.
  • Publish or mirror members-only code or documentation (even if modified).

Client work:

  • You may use the tools and outputs in client work.
  • You may not transfer members-only access (or copies of members-only repos/materials) to your client unless you have explicit written permission from Qwayk or your plan explicitly allows it.

Open source components included in the tools may be subject to their own licenses.

8) Acceptable use

You agree not to use the site or tools to:

  • break laws or violate third-party API terms
  • perform unauthorized access or security testing against systems you do not own or have permission to test
  • spam, harass, or harm others
  • misuse credentials or attempt to obtain credentials you are not authorized to use
  • interfere with or disrupt the site or our delivery workflow
  • scrape, copy, mirror, or share members-only content in a way that circumvents access controls
  • use the site or tools to develop, train, or improve a competing product by extracting substantial portions of members-only materials

9) Third-party services

Our website and delivery workflow may rely on third-party services (for example: Ghost(Pro), Stripe, GitHub, Plausible, and Cloudflare).

We do not control third-party services, and we are not responsible for their outages, policy changes, or actions.

Third-party terms and policies may apply to your use of those services, and you are responsible for complying with them.

10) Support (best-effort; no SLA)

Support is best-effort and primarily docs-first. We do not provide any guaranteed response times or service levels unless we explicitly state otherwise in writing.

Support contact: support@qwayk.com

We may change our support channels, scope, or availability at any time.

11) Suspension and termination

We may suspend or terminate access if we reasonably believe you are violating these terms, misusing the service, or creating risk for us or others.

If we terminate or suspend your access, you must stop accessing members-only materials, and we may revoke access to private repos and downloads.

Some terms still apply after termination, including the sections on disclaimers, limitation of liability, indemnity, and general legal terms.

12) Disclaimers (no warranties)

The site, tools, and documentation are provided “as is”, without warranties of any kind.

Qwayk does not provide legal, tax, financial, or professional advice. You are responsible for how you use the tools and for obtaining any advice you need.

13) Limitation of liability

To the maximum extent permitted by law:

  • Qwayk is not liable for any damages or losses arising from your use of the site or tools, including data loss, lost revenue, or third-party account issues.
  • Qwayk is not liable for any indirect, incidental, special, consequential, or punitive damages.
  • If liability cannot be excluded, our total liability for claims related to the site/tools will not exceed the amounts you paid to Qwayk in the 12 months before the event giving rise to the claim (or USD $100 if you paid nothing), unless applicable law requires otherwise.

Nothing in these terms limits liability that cannot be limited under applicable law.

14) Indemnity

If you are using Qwayk for business purposes, to the extent permitted by law, you agree to defend, indemnify, and hold harmless Qwayk from and against claims, damages, losses, and expenses (including reasonable legal fees) arising from:

  • your use of the site/tools, or
  • your violation of these terms, or
  • your violation of third-party rights or third-party API terms.

15) Changes to these terms

We may update these terms. We will post the updated version on the site with an updated date.

If you are a paid member (if offered), and a change is material, we will make reasonable efforts to provide notice (for example: by email) before it takes effect. If you do not agree to the updated terms, you can stop using the site and cancel before the change takes effect.

We may change, suspend, or discontinue any part of the site/tools at any time, including adding or removing features.

16) International users

If you are a consumer in your country, you may have mandatory rights that cannot be waived. Nothing in these terms is intended to limit those mandatory rights where applicable.

17) Export and sanctions

You agree not to use the tools or services in violation of applicable export control or sanctions laws. You represent that you are not located in (and will not use the site/tools from) a jurisdiction where such use would violate applicable sanctions laws.

18) Governing law

These terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of law principles.

19) Disputes (no arbitration by default)

Before filing a formal claim against Qwayk, you agree to first contact us at legal@qwayk.com with a written description of the issue and a reasonable opportunity to resolve it.

If you are a consumer, you may have rights to bring claims in your local courts that cannot be waived.

If you are not a consumer (for example, you are using Qwayk for business purposes), you agree that any dispute will be brought in state or federal courts located in Wyoming, and you consent to personal jurisdiction in those courts.

20) Contact

For legal notices, contact: legal@qwayk.com

  • Severability: if any part of these terms is unenforceable, the rest remains in effect.
  • No waiver: if we do not enforce a term, that does not waive our right to enforce it later.
  • Assignment: you may not assign these terms without our consent; we may assign these terms as part of a merger, acquisition, or asset sale.
  • Entire agreement: these terms (and the Privacy Policy and Disclaimer) are the entire agreement between you and Qwayk about the site/tools.
  • Notices: we may send notices to the email address on your account; legal notices to Qwayk should be sent to legal@qwayk.com.
  • Force majeure: we are not responsible for failures caused by events outside our reasonable control.

Conditional modules (only if the trigger happens)

A) Paid memberships (Applies only if we offer paid memberships)

  • Payments are processed by third-party payment providers used by our website (for Ghost(Pro), this is typically Stripe).
  • We do not store full payment card numbers on our servers.
  • Subscriptions renew automatically unless you cancel.
  • You can cancel anytime. Cancellation stops renewal; access continues until the end of the paid period.
  • Pricing and tier contents may change over time; we will update the website accordingly.
  • Taxes may apply depending on your location, and may be collected by us or by the payment provider as required.
  • If payment fails or is reversed (for example: chargeback), we may suspend access until the issue is resolved.
  • If we change pricing, the new price typically applies at the next renewal unless we state otherwise.

Refunds:

  • Refunds (if any) are governed by our Refund Policy: Refund Policy (published when paid memberships are enabled).
  • Unless required by law or stated otherwise in writing, we do not offer prorated refunds for partial billing periods.
  • If you are located in the EU/UK or other jurisdictions with mandatory consumer rights, additional rights may apply.
  • If we provide immediate access to downloadable digital content, we require an explicit acknowledgement at checkout that access begins immediately and that withdrawal/cooling-off rights may be limited once access is granted (where applicable).

B) GitHub repo access (Applies only if we offer GitHub delivery)

  • If GitHub access is part of your membership tier, you may need to provide a GitHub username to receive access.
  • You are responsible for providing an accurate GitHub username and keeping it up to date.
  • GitHub invitations can expire and may require action from you (accepting the invite).
  • After your paid period ends (if applicable), GitHub access may be removed (no more updates). You keep whatever you already cloned/downloaded.
  • If we include affiliate links, we will disclose it near the link (for example: “Affiliate link”).
  • Affiliate links do not change the price you pay.

D) Newsletter and marketing emails (Applies only if we run a newsletter program)

  • We may send operational/transactional emails related to your account or purchases (if applicable).
  • If you opt in to marketing emails, you can unsubscribe using the link in the email (or by contacting us).

E) Community / UGC (Applies only if we enable comments/community/uploads)

  • You are responsible for any content you post.
  • You must not post content that is illegal, infringes rights, or is harmful.
  • You grant Qwayk a limited license to host, display, and distribute your content as needed to operate the community features.
  • We may moderate, remove, or restrict user content at our discretion.
  • Additional rules (including takedown and content policies) may apply if/when UGC is enabled.
  • We will not enable UGC without publishing a dedicated community/UGC policy (including a takedown process and a repeat-infringer policy).