These Terms of Service ("Terms") govern your access to and use of Otolab's AI-powered automation services, including our chatbot automation, document processing, custom automations, and social engagement solutions (collectively, the "Services"). 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.
1. Acceptance of Terms
By creating an account, accessing, or using any part of our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms that may apply to specific features or services. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Use of Services
You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not:
Use our Services in any way that violates applicable laws or regulations.
Use our Services to transmit harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content.
Attempt to gain unauthorized access to our Services, systems, or networks.
Interfere with or disrupt the integrity or performance of our Services.
Use our Services to compete with us or develop competing products or services.
Use automated systems or software to extract data from our Services without permission.
Reverse engineer, decompile, or disassemble any part of our Services.
We reserve the right to investigate and take appropriate legal action against anyone who violates these restrictions.
3. User Accounts
To access certain features of our Services, you must create an account. You agree to:
Provide accurate, current, and complete information during registration.
Maintain and promptly update your account information.
Keep your account credentials secure and confidential.
Notify us immediately of any unauthorized access or security breach.
Accept responsibility for all activities that occur under your account.
Not share your account with others or allow others to access your account.
You are solely responsible for any activity conducted through your account. We are not liable for any loss or damage arising from your failure to maintain account security.
4. Intellectual Property Rights
All content, features, functionality, and intellectual property associated with our Services, including but not limited to software, text, graphics, logos, trademarks, and data, are owned by Otolab or our licensors and are protected by international copyright, trademark, patent, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes, subject to these Terms. This license does not include any right to:
Resell or commercialize our Services or content.
Modify, copy, or create derivative works based on our Services.
Download or extract any content except as expressly permitted.
Use our trademarks or branding without written permission.
You retain all rights to the data and content you submit to our Services ("Your Content"), and you grant us a license to use, process, and store Your Content solely to provide the Services to you.
5. Payment and Billing
Subscription Plans: Our Services are offered through various subscription plans with different features and pricing. Current pricing is available on our website.
Payment Terms: You agree to pay all fees associated with your selected plan. All fees are non-refundable except as expressly stated in our refund policy.
Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date.
Price Changes: We may change our pricing with at least 30 days notice. Price changes will apply to subsequent billing cycles.
Payment Methods: We accept major credit cards and other payment methods as specified during checkout. You authorize us to charge your payment method for all fees.
Late Payment: Failure to pay may result in suspension or termination of your access to the Services.
Taxes: All fees are exclusive of taxes, and you are responsible for paying all applicable taxes.
6. Service Modifications and Interruptions
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We may:
Add, modify, or remove features and functionality.
Perform scheduled or emergency maintenance.
Update our technology and infrastructure.
Change how we deliver the Services.
We will use reasonable efforts to notify you of material changes that negatively impact your use of the Services. However, we are not liable for any modification, suspension, or discontinuation of the Services.
Service Availability: While we strive to provide reliable service, we do not guarantee that our Services will be uninterrupted, timely, secure, or error-free. We are not responsible for any delays, failures, or interruptions in the Services.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTOLAB AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.
ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES.
ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR CONTENT.
ANY THIRD-PARTY CONTENT OR CONDUCT ON THE SERVICES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR 00 USD, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.
8. Termination
Termination by You: You may terminate your account at any time by contacting us or using the account cancellation feature in your dashboard. You will remain responsible for all charges incurred through the end of your billing cycle.
Termination by Us: We may suspend or terminate your access to the Services immediately, without prior notice, if:
You breach any provision of these Terms.
Your account shows suspicious or fraudulent activity.
We are required to do so by law.
We decide to discontinue the Services.
Effect of Termination: Upon termination, your right to use the Services will immediately cease. We may delete your account and data, though we may retain certain information as required by law or for legitimate business purposes. Termination does not relieve you of any payment obligations incurred before termination.
9. Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
Dispute Resolution: Any disputes arising out of or relating to these Terms or the Services shall be resolved through:
1. Informal Negotiation: First, we will attempt to resolve disputes informally by contacting each other.
2. Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of [Arbitration Association]. The arbitration will be conducted in [Location], and judgment on the arbitration award may be entered in any court.
3. Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive any right to participate in class actions or class arbitrations.
Exceptions: Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.
10. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy and any additional terms, constitute the entire agreement between you and Otolab regarding the Services.
Changes to Terms: We may modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use after changes indicates acceptance of the modified Terms.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Contact Information: For questions about these Terms, please contact us at:
Email:
[email protected]
