Terms of Service

Effective as of April 5, 2024 (the “Effective Date”). This Terms of Service agreement (the “Agreement”) is a legally binding agreement made between the individual or organization (“you”, “User” or “Customer”) using any of the Services provided by Two Factor Authentication Service, Inc., a Delaware corporation (“us”, “we”, “our”, or “2FAS”). By using any of the Services you agree to enter into this Agreement, and you represent and warrant that you are of legal age (as described further below) and have the authority to bind the User to the Agreement and applicable Privacy Policy.

1. About Us - Two Factor Authentication Service, Inc. is a Delaware corporation with a registered office located at 16192 Coastal Highway, Lewes, DE 19958 and a mailing address at 1887 Whitney Mesa Dr #2130 Henderson, Nevada 89014.
2. General Definitions
   1. Device means a mobile device (for example, phone, tablet, smartwatch, and the like).
   2. 2FAS Auth Application (“2FAS Application”) means our application that allows Users to generate TOTP (Time-based one-time password) or HOTP (HMAC-based one-time password algorithm) tokens.
   3. 2FAS Auth Browser Extension (“2FAS Browser Extension” or “2FAS BE”) means software for customizing a web browser to receive tokens from the 2FAS Application.
   4. 2FAS Open-Source Software (“2FAS OSS”) refers to software published by 2FAS under the GPLv3 license.
   5. 2FAS App Store Service refers to the services provided through the 2FAS Auth Application and 2FAS Auth Browser Extension, which are available exclusively from official app stores specified on our website. The 2FAS App Store Service may include additional features, services, and support not present in 2FAS OSS. The 2FAS App Store Service is governed by the terms of service and policies of the respective app stores, in addition to this Agreement, and it does not include any open-source versions or unofficial versions of the 2FAS App Store Service.
   6. 2FAS Services (“Services”) means both the 2FAS OSS and the 2FAS App Store Service, collectively referring to services, features, and support that 2FAS Auth Application or 2FAS Auth Browser Extension currently provides or may provide in the future.
   7. Personal Information means information that identifies or can be reasonably linked to you. This includes but is not limited to your name or email address.
   8. Passcode means the Personal Identification Number (PIN) or alphanumeric password.
   9. Privacy Policy means the document that you agreed to be bound to when you use 2FAS Auth Application or 2FAS Auth Browser Extension. The most recent version of the Privacy Policy can be found here.
3. Changes to this Agreement – We may periodically update this Agreement. Since we do not collect email addresses, we will post any notifications of material changes on our website https://2fas.com/auth/eula/. These changes will become effective 30 days after posting, and the 'Effective Date' will be indicated in the updated Agreement. By continuing to use the 2FAS Services after this period, you agree to the revised terms. If you disagree with the changes, please discontinue use of the 2FAS Services before the end of the 30-day notice period. Regularly reviewing the Agreement on our website is the best way to stay informed about any updates.
4. Modifications – 2FAS reserves the right to modify the Services at any time. Any such modifications will be made in accordance with legal requirements. You have the right to discontinue using the Services if a modification made by 2FAS is not acceptable to you.
5. Intellectual Property Ownership – 2FAS retains all proprietary rights, title, and interest in the Services, including but not limited to its logo, name, and other marks (collectively referred to as the “2FAS Marks”), as well as all related intellectual property, whether registered or not, anywhere in the world, including, without limitation, all modifications, changes, enhancements, and derivative works. You agree that you will not use, register, or make derivative works of any business name, domain name, trademark, service mark, logo, slogan, or social media account name or handle which is based on, or in any way incorporates, in whole or in part, the 2FAS Marks.
6. Feedback – You may provide Feedback to 2FAS through various means, including by emailing [email protected] with the subject line “Feedback” or by participating in discussions in our official Discord group. “Feedback” encompasses all forms of suggestions, comments, ideas, and other input that identify potential errors, improvements, modifications, bug fixes, and enhancements. Regardless of the method of communication, you agree that all Feedback provided to 2FAS becomes the sole property of 2FAS. You hereby assign to 2FAS all rights, title, and interest in and to the Feedback, including full ownership rights. If such assignment is not permissible, you grant 2FAS an exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, create derivative works from, and otherwise exploit the Feedback in any manner, without restriction.
7. Personal Information Collected by 2FAS – Please refer to the terms and conditions of our Privacy Policy.
8. Permitted Uses – You may use our Services to access any legal online websites or activities so long as such use does not interfere with other Users’ use of our Services.
9. Non-Permitted Uses and Activities – You represent and warrant that:
   1. your use of the Services will not be for any illegal activities including, but not limited to, online harassment (cyber-bullying); sending unauthorized advertising or spam; viewing, collecting, or transmitting child pornography; engaging in illegal narcotics trade; engaging in illegal arms trade; and engaging in illegal human trafficking;
   2. you will not modify, prepare derivative works of, or reverse engineer any of 2FAS App Store Service. However, for 2FASOSS, which is available under the GPLv3 license, you are permitted to modify it and to prepare derivative works of it under the terms and conditions of the GPLv3 license. Any modifications or derivative works of the 2FAS OSS must also be made available under the same GPLv3 license;
   3. your use of the Services will not introduce any viruses, Trojan horses, back doors, worms, time bombs, software locks, spyware, or any other malicious software that is capable of accessing, modifying, deleting, damaging, disabling, deactivating, interfering with, or otherwise harming any computer, network, data, Device, or any other electronically stored information to (i) disrupt, disable, harm, or otherwise impede others’ use of the Services; or to (ii) damage or destroy any data, file, or electronically stored information;
   4. you will not market, resell, or commercially exploit the 2FAS App Store Service to third parties without explicit written permission from 2FAS. For the 2FAS OSS, you are allowed to distribute the software as per the terms of the GPLv3 license. However, any such distribution or sharing must not imply endorsement by 2FAS and must be compliant with all the terms and conditions of the GPLv3 license, including the requirement to keep the software open-source and provide the same freedoms to subsequent recipients;
   5. you will not engage in the collection, gathering, or harvesting of data from other 2FAS users, or use the 2FAS App Store Service for any form of unauthorized data extraction or mining;
   6. you will not transmit any material that may infringe the intellectual or privacy rights of third parties.
10. Violations - 2FAS reserves the right to deny or restrict your access to the Services, within the limits of operational capabilities and in accordance with applicable laws and platform policies, if your use of the Services violates this Agreement or is potentially harmful to other users.
11. Access - 2FAS values your privacy and security. We do not have access to any of the service keys or TOTP or HOTP tokens generated by the 2FAS Auth Application, ensuring your authentication data remains private. You are responsible at all times for keeping track of the Data and Passcodes that you use to access the 2FAS Services on your Device. If your Device is lost, stolen, or damaged, we have no way of recovering your data or any other login information. If you lose or forget your Passcode, you may not be able to access the 2FAS Services or features within 2FAS Services protected by your Passcode. 2FAS will never ask you for your Passcode or ask for any security information. In order to keep the 2FAS Services secure, you should do backups and keep your data and Passcodes confidential. We are not liable or responsible for any loss that may occur (including if a third party uses your data or Passcodes).
12. Customer age for use - The use of the Services is intended only for individuals who are 16 years of age or older. By agreeing to this Agreement and using the Services, you represent that you are at least 16 years old. If it comes to our attention that a user is under 16, we may, within our capabilities and in compliance with applicable laws, take steps to limit or suspend that user’s access to the Services.
13. Fees – As of the Effective Date, 2FAS provides the Services to Users at no cost.
14. Cancellation - Within the scope of available capabilities, 2FAS reserves the right to take appropriate actions, which may include limiting or suspending access to the Services, under the following circumstances:
    1. Breach of this Agreement: If you breach any terms of this Agreement.
    2. Non-Permitted Uses: If your use of the Services involves activities that are not permitted under this Agreement.
    3. Violation of Laws: If your use of the Services violates any applicable laws.
15. Beta – 2FAS may make “Beta Versions” of new or improved 2FAS Services available to you at no Fee. You may use Beta Versions at your discretion and at your own risk. 2FAS does not guarantee that Beta Versions will be released as 2FAS Services. Beta Versions may contain errors, bugs, and other defects and are provided without support of any kind. Beta Versions are not 2FAS Services. We may request your Feedback about Beta Versions.
16. Compliance with laws – Each Party agrees to comply with all laws, rules, and regulations applicable to the Services and to this Agreement. Applicable laws include, but are not limited to, import/export, privacy, and data protection laws and regulations. Each Party represents that it is not named on any United States Government denied party list, including the Office of Foreign Assets Control (OFAC)’s Specially Designated Nationals and Blocked Persons List. In addition, Users shall not permit access to or use any 2FAS Service in a US embargoed country or in violation of any US export law or regulation. 2FAS will, in accordance with applicable laws, cooperate with US local, US state, and US federal government authorities with respect to the Services. We retain the right to immediately cancel any Service, terminate the Agreement for your non-compliance with applicable laws.
17. Indemnification –
    1. You agree to defend, indemnify, and hold harmless 2FAS, our future affiliates and their respective members, managers, shareholders, officers, directors, employees, agents, vendors, customers, indemnitees, representatives, successors, licensees and assigns, and each of them, from and against any and all claims, actions, demands, damages, losses, costs and expenses, including reasonable attorney’s fees and disbursements, charges, penalties, judgments, and interest sustained or which any of them may sustain arising out of, resulting from or relating to any material breach or alleged breach of any representation, warranty, obligation, or agreement made by you in this Agreement including, without limitation, any breach or alleged breach by you with respect to third party intellectual property, third party privacy, interference with third party or other User data, and non-permitted uses.
    2. We will provide you with prompt notification of any claim and cooperate with you in the defense of the claim. You will have full control over the defense and settlement of the claim, except to the extent that: (i) the settlement requires 2FAS to admit liability; and (ii) we may join in the defense at our own expense with our own counsel.
18. Warranty Disclaimer – We do not guarantee that the Services will be uninterrupted, error-free, or compatible with specific hardware, software, systems, or data. You use the Services at your own risk. Except as explicitly stated in this Agreement, all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, are excluded. Your sole remedy for any dissatisfaction is to discontinue the use of the Services, as no refunds or monetary compensation apply due to the free nature of our Services. We are not liable for any indirect, special, incidental, or consequential damages, including loss of profits, data, or use, irrespective of the cause. Our total liability under this Agreement is limited to the extent permitted by law, and if certain limitations are not allowed in your jurisdiction, only the permissible limitations will apply.
19. Limitation of liability - neither you nor we will be liable to each other for any indirect, special, incidental, or consequential damages or loss, including but not limited to loss of profits, loss of use, or loss of data, whether caused by breach of contract, negligence, or otherwise. If your jurisdiction does not allow such limitations, the permissible limitations shall apply.
20. Copyright Infringement – if you believe that the Services have been used in a way that constitutes copyright infringement, please notify us at [email protected] with the subject line “DMCA” and a description of the infringing material in the body of the email. We will review the notification and comply with the procedures outlined in the Digital Millennium Copyright Act of 1998 (“DMCA”) to review and respond to such notifications.
21. Security Breach Notification Policy – If you believe that there has been a breach of your data, please notify us at [email protected] with the subject line “Security” and a description of the incident that you believe occurred in the body of the email.
22. Links to third-party websites – The Services may contain links to other websites which are of interest to our Users. These third-party websites have separate and independent Terms of Use or Service. 2FAS has no responsibility or liability for the content or activities of the websites accessible via the links, and it is your responsibility to comply with any applicable Terms of Use or Service. 2FAS is not responsible for and does not endorse any third-party websites.
23. Entire agreement – This Agreement is the complete and exclusive statement of the understanding between you and us regarding the Services, superseding all prior agreements and communications. No external documents or inputs from you will alter or amend this Agreement. We may periodically update this Agreement, available at https://2fas.com/auth/eula/. As we do not collect email addresses, we encourage you to review this website regularly for any changes. Continued use of the 2FAS Services after updates constitutes acceptance of the revised Agreement.
24. Survival - Any provision of this Agreement that imposes upon Users or 2FAS an obligation after termination or expiration of this Agreement shall survive termination or expiration of this Agreement and be binding upon the Parties.
25. Authority – If you are entering into this Agreement on behalf of a company, organization, or other non-individual person entity, you represent and warrant that you have the authority to bind such entity to this Agreement.
26. Waiver - No waiver by us of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
27. Severability - If any term or provision of this Agreement is held to be void or unenforceable, that term or provision will be severed from this Agreement, the balance of the Agreement will survive, and the balance of the Agreement will be reasonably construed to carry out the intent of the Parties as evidenced by the terms of this Agreement.
28. Notice – Notices under this Agreement may be posted to our website.
29. No agency – Nothing in this Agreement creates a partnership, agency, fiduciary, or employment relationship between the Parties. The Parties are and will remain at all times independent contractors. There are no third-party beneficiaries to this Agreement.
30. No Class Actions – All disputes between you and us will be resolved on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us, including our future affiliates.
31. Agreement to Arbitrate – You agree that any controversy, claim, or dispute arising out of or relating to this Agreement will be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitrator will be selected from a list of arbitrators provided by the AAA. The arbitration will be conducted under the procedures applicable to arbitration in the state of Delaware. The prevailing party is entitled to an award of attorney fees. All judgments and awards rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, any disputes arising out of Intellectual Property Ownership (Section 5 above) may be submitted to a court of law.
32. International Arbitration – If you reside outside of the United States, or its territories and possessions, then any dispute or controversy arising from or relating to this Agreement shall be submitted to binding arbitration administered by the International Chamber of Commerce according to its expedited Rules of Arbitration. The number of arbitrators will be one (1). The language of the arbitration will be English. The seat of arbitration will be in Nevada. The Parties shall instruct the arbitrator to issue a reasoned award, which shall include attorney fees for the prevailing party. A judgment upon the award rendered by the arbitrator may be entered in any court having proper jurisdiction.
33. Governing law and Venue – this Agreement shall be governed by and shall be construed in accordance with the laws of the State of Delaware without regard to principles of conflict of law. Any action not subject to Section 3231 (“Agreement to Arbitrate”) or Section 32 (“International Arbitration”) has to be brought only in a court of competent jurisdiction in Sussex County, Delaware. All Parties to this Agreement consent to the jurisdiction of the chosen court and waive any objection under the theory of forum non conveniens.