Terms of Service
1. Introduction
Welcome to the Fctr Identity Portal ("Portal"), a SaaS application developed and operated by Fctr Identity ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Portal. By accessing or using the Portal, you agree to be bound by these Terms. If you do not agree, do not access or use the Portal.
2. Service Overview
The Portal enables helpdesk teams and identity administrators to streamline user management and enforce multi-factor authentication (MFA) verification before sensitive identity operations are executed.
Zero-Data Architecture: The Portal is designed to avoid retaining raw end-user identity data or credentials at rest. Limited operational records may be retained under the schedules described in our Privacy Policy.
Clients integrate the Portal with their Okta Identity Cloud or Microsoft Entra ID tenants via secure, least-privilege API tokens and OAuth2/OIDC configurations. Administrative actions generate audit logs for compliance and operational purposes as described in our Privacy Policy.
3. SMS and Email Verification Notices
If your organization enables SMS- or email-based identity verification, you may receive one-time passcodes or other transactional security messages in connection with account access, identity verification, help desk-assisted account recovery, or other security-sensitive workflows.
These messages are used solely for authentication, fraud prevention, account security, and related operational purposes. They are not marketing or promotional messages.
By enrolling a mobile phone number or email address as an authentication factor in Microsoft Entra ID, Okta, or another identity system connected to the Portal, you acknowledge and agree that such messages may be sent to that number or address when verification is requested by you, your organization, or an authorized administrator acting in accordance with your organization's identity and access management policies.
Message frequency varies based on authentication and verification activity. Message and data rates may apply depending on your mobile carrier or service plan.
Delivery of SMS messages is not guaranteed and may be delayed or prevented by carrier filtering, mobile network availability, device settings, or other third-party factors outside our control.
If you no longer wish to receive SMS or email verification messages, you must update or remove the enrolled authentication factor through your organization's identity platform or contact your organization's IT administrator. Disabling such factors may prevent you from completing certain identity verification or account recovery workflows.
4. Acceptable Use
- You must use the Portal only for lawful purposes and in compliance with these Terms.
- You shall not attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Portal.
- You shall not attempt to access unauthorized areas of the Portal, its underlying infrastructure, or other customers' data.
- You are responsible for maintaining the confidentiality of your login credentials, API tokens, and session keys.
5. Client Responsibilities
- Provide accurate and up-to-date Okta or Microsoft Entra ID API credentials using least-privilege scopes as documented in implementation materials provided during onboarding.
- Ensure all authorized users of the Portal comply with these Terms and with your organization's own acceptable use policies.
- Accept full responsibility for all actions performed by your authorized users within the Portal.
- Promptly notify us at [email protected] if you become aware of any unauthorized access to or use of the Portal.
6. Fees and Payments
- Access to the Portal may require payment of subscription fees as agreed upon during registration, setup, or via a separate Order Form.
- Fees are non-refundable unless otherwise specified in your Order Form or a written agreement between the parties.
- We reserve the right to adjust pricing with no less than sixty (60) days prior written notice. Any pricing changes will take effect at the start of your next subscription term — never mid-cycle.
7. Service Availability
- We use commercially reasonable efforts to maintain high availability of the Portal. The Portal is hosted on Google Cloud Platform in the United States using managed cloud infrastructure and stateless application services.
- In the event of service disruptions, we will provide timely updates and work diligently to restore functionality.
- Scheduled maintenance windows will be communicated in advance when practical.
- Custom SLA terms (uptime commitments, response-time guarantees) may be negotiated via a separate Order Form.
8. Warranty, Limitation of Liability, and Indemnification
Performance Warranty: We warrant that during your active subscription term, the Portal will perform materially in accordance with its published documentation. If it does not, your sole remedy is for us to correct the non-conforming functionality within a reasonable timeframe, or, if we cannot, to terminate your subscription and refund prepaid fees for the unused portion of the term.
- We are not liable for errors, breaches, or downtime caused by third-party systems, including but not limited to Okta, Microsoft Entra ID, Google Cloud Platform, Cloudflare, or your internal network configurations.
- Aggregate Liability Cap: To the maximum extent permitted by applicable law, each party's aggregate liability for all claims arising out of or relating to these Terms or the Portal shall not exceed the total amount paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim.
- Mutual Indemnification:
- By You: You agree to indemnify and hold harmless Fctr Identity, its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising out of your misuse of the Portal, violation of these Terms, or infringement of any third-party rights.
- By Us: We agree to indemnify and hold harmless you and your officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising out of our gross negligence, willful misconduct, or a breach of our obligations under these Terms that results in unauthorized disclosure of your data.
Why this matters: Because the Portal is designed not to retain raw end-user identity data or credentials at rest, and because retained operational records are limited in scope and duration, the realistic breach exposure is materially smaller than that of a traditional SaaS application. Our liability framework reflects that reduced risk profile.
9. Intellectual Property
The Portal, including its design, code, documentation, and branding, is the exclusive intellectual property of Fctr Identity. No rights are granted except the limited license to access and use the Portal in accordance with these Terms and your applicable subscription plan.
10. Termination
- We may terminate or suspend your access to the Portal immediately upon written notice if you materially breach these Terms.
- You may terminate your subscription by providing written notice in accordance with your subscription agreement.
- Upon termination, your access to the Portal will cease. Any retained operational records will remain subject to the applicable retention schedules described in the Privacy Policy and DPA, as well as any legal or financial recordkeeping obligations.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict of law provisions. Any disputes arising under these Terms will be resolved exclusively in the state or federal courts located in Allegheny County, Pittsburgh, Pennsylvania.
12. Modifications to These Terms
We reserve the right to update these Terms at any time. Material changes will be communicated via email or a prominent notice within the Portal. Continued use of the Portal following notification constitutes acceptance of the revised Terms.
13. Contact
For questions about these Terms, contact us at: