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Terms and Conditions

Terms and Conditions

Thank you for selecting OSOSS services. We appreciate your trust in us. This Agreement is a legal agreement between you and OSOSS. By accepting electronically (for example, installing, accessing or using the Services) you agree to these terms. If you do not agree to this Agreement, then you may not use the Services

 

Agreement to Terms of Use

This Agreement describes the terms governing your use of the OSOSS online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:

  • OSOSS Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
  • Additional Terms and Conditions, which may include those from third parties.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc..

Your use of the Service is conditioned on your acceptance of these Terms and Conditions. By using the Service, you signify that you unconditionally agree and , accept to be legally bound by these Terms and Conditions. No other terms or conditions of any sort in any document, writing , or other communication whatsoever made by you to OSOSS or its employees, representatives , or agents in relation to the Service shall be applicable to or b inding on OSOSS.

Changes to this contract

OSOSS reserves the right to change these Terms of Service from time to time and therefore we may impose new or different terms and conditions on your use of the Service. These additional terms will be posted here on our website and will be effective and legally binding to you when posted Therefore, you should regularly review this page to check for changes to these Terms of Service. Your continued use of the Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.

Add New Features or Integrate with Third Parties

OSOSS is not obligated to add new features or integrate with any third-party services in our Software as a Service (SaaS) system. While we strive to continually enhance our products, decisions regarding feature development and integrations are made at our discretion, based on strategic objectives and customer needs.

We reserve the right to determine the direction and priorities for the development of our SaaS system, including the addition of new features or integration with third-party services. The absence of specific features or integrations does not constitute a breach of contract or a failure to deliver our services as agreed.

We understand that our customers may have suggestions or requests for new features or integrations. We value customer feedback and take it into consideration during our product planning and decision-making process. However, the decision to implement or prioritize specific features or integrations remains at our sole discretion.

While we make every effort to ensure the stability and reliability of our existing functionality, we do not guarantee the availability or continued support of any specific feature or integration. We may modify, discontinue, or replace features or integrations as deemed necessary.

It is important to note that this policy does not affect any contractual agreements or obligations with existing customers, partners, or stakeholders. Any specific commitments regarding feature development or integration will be addressed separately and governed by the relevant contractual terms.

By using our SaaS system, you acknowledge and accept that the addition of new features or integration with third-party services is subject to our discretion, and that our focus remains on delivering a reliable and high-quality SaaS experience.

Your rights to use OSOSS services

The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by OSOSS.

  • OSOSS reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, OSOSS grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services provided that you agree to the following: 
  1. You agree to comply with any policies or guidelines that OSOSS may introduce or amend from time to time. OSOSS policies or guidelines may relate to technical specifications, privacy, acceptable content, and any other matter, as the same may be amended by OSOSS, at its absolute discretion, from time to time.
  2. OSOSS may, at its sole and absolute discretion, without prior notice to you and without liability, reject, prevent, discontinue or suspend your account(s) and/or your use of the Service if, at its sole discretion, OSOSS is of the opinion that your use does not meet OSOSS’s specifications or guidelines, or which OSOSS may consider being inappropriate, illegal or harmful to its interests. If OSOSS exercises its absolute discretion under this paragraph, it shall have no liability to refund any portion of your pre-paid subscriptions, if applicable. Without limiting or waiving any right against you that OSOSS may have under the law or these Terms and Conditions in relation to any inappropriate, illegal or harmful use, OSOSS reserves the right to deduct any costs, damages or expenses that it may have incurred in relation to such inappropriate, illegal or harmful use from your unused pre-paid subscriptions, if any, or to claim the same from you by any other means.
  3. OSOSS may, at its sole and absolute discretion and without prior notice to you, amend, suspend, vary or withdraw the Service, these Terms and Conditions and/or its website at any time and from time to time.
  4. You agree that you will not provide access to or furnish any part of the Service to any third party; modify, disrupt or interfere with the Service, supporting servers, or networks either manually or through the use of scripts, viruses, or worms; reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service; or excessively overload the systems that OSOSS uses to provide the Service.
  5. You shall be solely responsible for your use of the Service and shall indemnify OSOSS for, and hold OSOSS harmless from, all loss, costs, and damages incurred by OSOSS in connection with any claims by third parties against OSOSS in relation to your use of the Service and in connection with your breach of these Terms and Conditions or any policies or guidelines that OSOSS may introduce from time to time.
  6. You hereby represent, warrant and covenant to OSOSS that at all times: you have all rights, consents, licenses and permits that may be necessary or desirable for you to have in order to use the materials, graphics, logos, videos, data or information you input into the Service (where applicable) (“Your Content”) in the manner and the purpose for which you use Your Content. All of Your Content complies with all applicable laws and regulations and does not violate the rights (including -but not limited to- intellectual property rights) of any third party.
  7. you have all rights, consents, licenses and permits that may be necessary or desirable for you to have in order to use the materials, graphics, logos, videos, data or information you input into the Service (where applicable) (“Your Content”) in the manner and the purpose for which you use Your Content.
  8. All of Your Content complies with all applicable laws and regulations and does not violate the rights (including -but not limited to- intellectual property rights) of any third party.
  9. You represent and warrant to OSOSS that you have the full corporate rights, power and authority to agree to these Terms and Conditions and perform the obligations agreed by you, and that doing so does not and will not violate any agreement or obligation to which you are bound, or any applicable law, rule or regulation.
  10. You hereby agree that OSOSS may, but is not obliged to, use your name and refer to you as a user of the Service in any publicity, press release, advertising or marketing material, throughout the world and using any form of media. If you wish to use or display OSOSS’s trademarks or mention OSOSS in any publication, website, press release or in any other manner, you must obtain the prior written consent of OSOSS.
  11. You agree that you are solely responsible to obtain or provide any hardware or software that you may need to gain access to and use the Service, and for any damage or loss that you suffer as a result of the operation of such hardware or software, including incompatibility with any platforms used by OSOSS in providing the Service.
  12. You agree that OSOSS is the sole owner of and has the right to use any feedback you provide on the Service in any way whatsoever including improving existing or creating new products and services.
  • OSOSS reserves all rights in the Service not granted to you expressly in these Terms and Conditions.
  • You hereby agree to grant OSOSS a worldwide, royalty-free, non-exclusive license to publish, alter, adapt, compile, host and use:
    • Your Content (including, without limitation, to reproduce in a material form, publish, perform, communicate to the public, and to make an adaptation of Your Content) for providing you with the Service.
    • Provides any community forum for users of the Service to exchange user tips and publish their comments and opinions, any comments, opinions and other material you upload or publish on such a forum.

 

Payment Terms and Conditions

By creating an account and subscribing to any Services offered on a payment or subscription basis, or renewing your subscription for OSOSS services, you indicate you agree to the charges imposed by OSOSS for the particular services or products you have requested. A subscription fee for use of the Service is payable monthly in advance by you. Your subscription will be renewed automatically on or close to its expiry at the subscription rates applicable at the time of renewal. However, even if a facility to renew your subscription automatically exists, it is solely your responsibility, and not that of OSOSS, to ensure that your subscription is renewed prior to its expiry, failing which your ability to use the Service shall expire automatically. OSOSS may not give you prior notice of an automatic renewal. If OSOSS is unable to put into effect this automatic renewal for any reason whatsoever, your subscription will expire automatically. The subscription rates are posted on our website and we may vary these from time to time., Visit our Pricing Page for the rates in force for the current month. For subscribers choosing to pay by credit card, subscription fees for renewal may be charged to the credit card on record unless OSOSS is notified of a change or cancellation in writing using the tools or means made available by OSOSS. All payable sums by you to OSOSS may be quoted exclusive of any goods and services tax, or any other taxes that may be levied on the subscription. OSOSS is entitled to decide the exchange rate for any and all currencies traded through us, without being obligated to the exchange rates of a particular country or time. OSOSS is entitled to change the fees of online payment based on the method used and any prior agreement with the customer. We also have the right to change the fees from time to time in accordance with the companys vision and policy, without the need to provide notices or explanations to any of the parties concerned or to a third party.

Termination
  • OSOSS shall have the right to terminate its relationship with you, without prior notice, if you breach or fail to comply with any provision of these Terms and Conditions.
  • This Agreement and your ability to use The Service shall also automatically terminate upon the expiry of your subscription.
  • After termination, OSOSS may at its sole discretion, maintain any data you have uploaded into its systems. However, you agree that other than any obligations expressly stated in these Terms and Conditions, OSOSS has no responsibility to you to maintain your user account or any of your data after termination.
  • You shall hold OSOSS harmless and free from any fees, damages, or claims you may suffer in relation to the same or any claims or actions you may have or face in relation to the same.

If termination is due to your failure to renew your subscription on a timely basis, you may reactive your account and access your data if renewal under such circumstances is enabled by OSOSS.

To do so you may have to pay any subscription fees or charges that may be imposed by OSOSS, including reactivation fees (if any), within any period that may be stated by OSOSS, failing which OSOSS may permanently remove and delete your user account(s) and any data you have uploaded into its systems.

Data usage and privacy
  1. If you register for an account on the Services, you agree to:
    • Provide true, accurate, current and complete information as may be prompted by any registration forms on the Services (Registration Data).
    • Promptly update the Registration Data and any other information you provide to OSOSS, to ensure it remains true, accurate and complete.
    • Keep your access credentials such as 'passwords, API keys or other information required to access the Service secure and confidential'
    • Notify OSOSS of any unauthorized use (or suspected unauthorized use) of your access credentials. You take full responsibility for all activity on your OSOSS account, and for all charges incurred by your OSOSS account.
  2. The access credentials are the property of OSOSS and may be revoked if you share them with any third party (other than as allowed in the Terms), if they are compromised, if you violate these Terms or if OSOSS terminates the API Terms.
  3. You or your customers, partners or associates, whichever may be applicable, are the owner of any data you upload into the Service (Your Data). You hereby agree that OSOSS is the owner of all data other than Your Data, including any system generated data generated by the Service or any data compiled from data inputted into the Service by all users of the Service on an aggregate basis (OSOSS Data). OSOSS may use all of OSOSS’s Data in any way it chooses including to improve or adapt its services, or to create or design new products and services.
  4. You acknowledge and agree that the nature of the Internet is international and that OSOSS has your express consent to store and provide access to your personal or confidential information and that of your user(s) and customers and to transmit and deliver such information via the Internet, which may involve its transmission across multiple jurisdictions.
  5. The Privacy Policy of our website, as may be amended or updated from time to time, is incorporated into and form part of these Terms and Conditions. As a condition of using the Services, you must:
    • not attempt to undermine the security or integrity of OSOSS computing systems or networks or, where the Application or Services are hosted by a third party, that third party’s computing systems and networks.
    • not use, or misuse, the Application or Services in any way which may impair the functionality of the Application, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Application.
    • not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Application or Services are hosted.
    • not use the Services or Applications to transmit any: files that may damage any other person’s computing devices or software; content that may be offensive;, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use).
    • not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services except as is strictly necessary to use either of them for normal operation.
Your personsal information (account and password)

It is your responsibility to keep any password(s) and user ID(s) secure and confidential. The responsibility rests solely with you and the employees, representatives, and agents of yours that are entrusted with the information.

If you become aware of any unauthorized access to your account(s), or any misuse of your password(s) and user ID(s), you must activate the process put in place to disable your account(s) and/or re-issue new password(s) or user ID(s) as soon as possible.

You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as user(s) or administrator(s) of your account(s) for the Service. You also agree that OSOSS may accept instructions and requests from and communicate with such person(s) until and unless OSOSS receives notification that such person(s) is no longer your user(s) or administrator(s), and such instructions, requests and communications are valid and legally binding on you. You are responsible for all use of your account(s) by you or any other persons who are in possession of your user ID(s) or password(s).

Indemnity

It is your responsibility to keep any password(s) and user ID(s) secure and confidential. The responsibility rests solely with you and the employees, representatives, and agents of yours that are entrusted with the information.

If you become aware of any unauthorized access to your account(s), or any misuse of your password(s) and user ID(s), you must activate the process put in place to disable your account(s) and/or re-issue new password(s) or user ID(s) as soon as possible.

You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as user(s) or administrator(s) of your account(s) for the Service. You also agree that OSOSS may accept instructions and requests from and communicate with such person(s) until and unless OSOSS receives notification that such person(s) is no longer your user(s) or administrator(s), and such instructions, requests and communications are valid and legally binding on you. You are responsible for all use of your account(s) by you or any other persons who are in possession of your user ID(s) or password(s).

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL OSOSS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONN CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICE OR THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY OSOSS EVEN IF THE OSOSS HAS BEEN ADVISED OF POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

Despite the foregoing, OSOSS should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site, the Service or its Content, to the full extent permitted by law the combined aggregate liability of OSOSS shall in no event exceed the value of the monthly subscription for the Service paid by you. Further, OSOSS’s liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage.

Disclaimer of warranties

UNLESS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, OSOSS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING ITS WEBSITE, THE SERVICE, THE PRODUCTS OR SERVICES AVAILABLE ON THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS WHERE IS” BASIS. OSOSS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SERVICE, OR THIS WEBSITE.

OSOSS EXPRESSLY DISCLAIMS ALL WARRANTIES, AND TERMS AND CONDITIONS IN RELATION TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY THE LAWS. OSOSS DOES NOT WARRANT THAT THE SERVICE, THIS WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM OSOSS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

OSOSS TAKES NO RESPONSIBILITY FOR THE SECURITY, CONFIDENTIALITY OR PRIVACY OF THE COMMUNICATIONS AND/OR DATA TRANSMITTED OVER THE INTERNET AND DOES NOT WARRANT (AND EXPRESSLY EXCLUDES ANY AND ALL EXPRESS OR IMPLIED WARRANTIES) THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR OR LOSS OF CONTENT, DATA OR INFORMATION. IN ADDITION, OSOSS SHALL NOT BE LIABLE FOR ANY COMPATIBILITY ISSUES PERTAINING TO CUSTOMERS’ COMPUTERS, APPLICATIONS OR OTHER SOFTWARE ON ANY COMPUTERS USING THE SERVICE. FOR THE AVOIDANCE OF DOUBT, OSOSS DOES NOT GUARANTEE THE EFFECTIVENESS OF THE SERVICE. OSOSS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

Force Majeure

OSOSS has no responsibility for and is released from all contractual obligations and liability (e.g. for damages) if its performance of these Terms and Conditions is affected by an event of force majeure.

For the purpose of this clause, the term “force majeure” means and includes any event which was not under the control of OSOSS, or was not reasonably foreseeable, including, but not limited to any natural disaster such as thunderstorm, flood or storm, fire, national emergency, strike or equivalent labor action, or the unavailability of the Internet for reasons beyond the control of OSOSS.

Questions and Comments

Copyright © 2023 OSOSS All Rights Reserved

If you have any questions regarding these Terms or your use of the Services, please contact us

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