Terms and Conditions

Introduction

When we talk about ‘you’, ‘user’ or ‘your’ in our terms and conditions, we mean you, the visitor to or user of our online services.

By using our online services, you are agreeing to be automatically bound by our terms and conditions, including these terms of use and our privacy policy. We encourage you to carefully read and understand these terms before using our online services. If you don’t agree, your remedy is to stop using our online services.

We may update our terms from time to time and the new provisions will apply from the date they are updated.

No unlawful or prohibited use

As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party's use and enjoyment of our online services. You agree not to hack into areas of our online services that are not intentionally made available to you.

You expressly agree not to:

• engage in any internal or external spamming, or other similar actions
• engage in any unlawful or immoral acts, or acts which are in violation of these terms
• decompile, reverse engineer, or try to copy or imitate our online services or underlying content

Links disclaimer

Our online services may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Promoted Services - disclaimer

If we promote third party products or services via our website it is because we have a commercial arrangement with that third party. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.

Copyright, Trademarks and other Intellectual Property

otso owns the intellectual property rights in the contents of our online services, or has permission to use or display the material on our online services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our online services content in whole or in part except as expressly authorised by us.

Images and item descriptions posted on our online services by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned on our online services may be the trademarks of their respective owners.

Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.

Please contact hello@otso.ai if you require permission to reproduce any of the contents of our online services.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the our website content or our intellectual property.

Your content

You warrant that you hold the necessary rights and interests to use any material you add to our online services or social media pages (your content) and that all of your content does not infringe any third party intellectual property rights, including copyright and trade mark rights.

By submitting your content to our online services, you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future. We will not use your content for any other purpose. You indemnify us against any claims made for breach of intellectual property rights in respect of your content.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.

Copyright infringement

If you believe that there is material on our online services that infringes third party intellectual property rights, please contact us at the email address set out at the start of these terms with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our online services.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security

We make efforts to maintain the security of our online services. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

Limitation of liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our online services in any way, subject to the requirements of applicable consumer law.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services in the twelve (12) months prior to date of the claim.

This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of our online services.

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

• any content you post via our online services
• your unauthorised use of our online services, or products or services included or advertised on our online services
• your breach of these terms and conditions.

Applicable law

This agreement is governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts of that place, in all disputes arising out of or relating to the use of our online services.

You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to hello@otso.ai. We may provide notice to you via email or other electronic means.

Use of our online services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our online services is unauthorized, it is your responsibility to stop using our online services.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms or your use of our online services.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in these terms can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms together with our privacy policy form the entire agreement between you and us in respect of your use of our online services.