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Terms of use

Effective as of May 22nd, 2023

By accessing or using our services, you acknowledge that you have read, understood, and agreed to be bound by the following terms and conditions ("Terms"). If you do not agree to these Terms, please refrain from using our services.

Agreement to Terms
  • These Terms constitute a legally binding agreement between you ("User," "You," or "Your") and oto Tech, Inc. (”oto”, "Company," "We," "Us," or "Our"). These Terms govern your use of any website, mobile application, software, or other platform provided by the Company (collectively referred to as the "Services").

  • You represent and warrant that you have the legal authority to enter into this agreement and to be bound by these Terms. If you are using the Services on behalf of an organization, you further represent and warrant that you have the necessary authority to bind that organization to these Terms.
Acceptance of Terms
  • By accessing or using the Services, you expressly agree to be bound by these Terms and any additional terms and conditions referenced herein or made available through the Services.

  • Your use of specific features or services within the overall Services may be subject to additional terms and conditions, which will be presented to you before you access or use those particular features or services. Your use of such features or services will indicate your acceptance of any additional terms and conditions.

  • By clicking the “I Agree to the Terms of Service” button or (i) accessing or using any part of the Platform, or (ii) using any of the Services offered on the Platform, you agree to be bound by these Terms of Service.
Modifications to the Terms
  • We reserve the right to modify, amend, or update these Terms from time to time without prior notice. Any changes to these Terms will be effective immediately upon posting of the revised Terms on our website or through other communication channels we may use to notify you.

  • It is your responsibility to review these Terms periodically to stay informed of any changes. Your continued use of the Services after the posting of any modifications will signify your acceptance of the modified Terms.
Termination of Agreement
  • You may terminate this agreement by discontinuing your use of the Services at any time.

  • We reserve the right to terminate or suspend your access to the Services, in whole or in part, without prior notice, for any reason or no reason at all, including, but not limited to, your violation of these Terms or any applicable law.
oto’s Services
  • oto provides freelancers with an online platform that helps them manage all their business needs. oto makes it easier for freelancers to manage the contract, invoicing, payment, and reporting aspects of their business.

  • oto’s Services are always evolving and may change from time to time without notice. oto may cease or suspend Services (or any Services feature) at any time in its sole and absolute discretion. New features introduced by oto will also be subject to these Terms of Services.
Payments
  • Payment processing services for users of oto are provided by Stripe and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service {" "}(collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on oto, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of oto enabling payment processing services through Stripe, you agree to provide oto accurate and complete information about you and your business, and you authorize oto to share it and transaction information related to your use of the payment processing services provided by Stripe.
Fees
  • Portions of oto's Freelancer Services are offered for free in a limited capacity, either in the product's available or quantity of use. oto reserves the right to change the availability of the free offerings and services, including retroactively.

  • Subscription fees will not be prorated upon cancellation and/or termination and all fees paid through the date of termination are nonrefundable.

  • The term of the subscription will commence on the date the subscription is selected and shall continue for the subscription term chosen by you on the Platform, and any renewal thereof until terminated. Subscriptions are for a pre-paid subscription term YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM FOR A SUBSEQUENT SUBSCRIPTION TERM. YOU ACKNOWLEDGE AND AGREE AS FOLLOWS.

  • You agree that we may automatically renew your subscription and charge your account on the last day of your subscription term (the “Renewal Date”), unless you cancel your subscription before the Renewal Date. OTO WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON THE RENEWAL DATE UNTIL YOU CANCEL YOUR SUBSCRIPTION OR OTO NO LONGER OFFERS THE SERVICES.
Invoicing
  • Payments for invoices generated by users are processed through third party payment processors made available through the Platform. To process invoices through the Platform, users must create and maintain an account with the designated payment processor. You are responsible for ensuring your payment processing account is valid at all times to ensure the processing of all invoices through the Platform. Your relationship with any designated payment processor is separate from your relationship with oto and is governed by the payment processor’s applicable terms of service.
Electronic Signature Services
  • oto provides users the ability to generate eSignatures for contracts utilized on the Platform. Electronic signatures shall be treated by users as having the same force and effect as a manual signature. oto is not responsible for authenticating any signatures generated on the Platform or with the Services.
Permission to use Logos & Names
  • You grant to oto an unrestricted right and license to use your individual and/or company name, logo and/or relevant trademarks (“Properties”) to market and promote the Platform. This includes the worldwide right to copy, translate, broadcast, transmit, distribute, exhibit, perform, publish and display the Properties as incorporated into oto’s marketing and promotional materials.

  • oto is under no obligation to make use of or to provide compensation for any of the rights or permissions granted.
Content
  • oto is not responsible for the Content posted by you. You are solely responsible for any Content that you post. oto shall not be liable for any damage or harm resulting from any Content posted by you on the Platform. oto reserves the right, but has no obligation, to take any action to restrict or remove access to any Content, objectionable or otherwise, posted by Platform users.

  • ‍By uploading, submitting and posting Content to the Platform, you further represent and warrant (1) that you have all right, title, license and authority to upload, submit and post the Content, including the right to publish and distribute by electronic and digital means, and (2) the Content does not (a) violate, infringe or misappropriate on the rights associated with any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, patents or other intellectual property rights of any third party, or (b) violate any statute, law, ordinance or regulation. oto has the right, but not the obligation, to review, edit, refuse to post, delete, disable access to, or otherwise make unavailable any Content, without notice in its sole and absolute discretion.

  • oto agrees not to disclose any Confidential Information to any third party for any reason without your prior written consent. oto will not disclose any Confidential Information to any person or entity. You understand and agree that oto’s employees shall be able to access and review the Content and other Confidential Information to enable the delivery of the Services in accordance with these Terms of Service.
Privacy
  • oto will only use personal information and anonymous aggregated data in accordance with its Content License.

  • You grant oto a worldwide, limited, non-exclusive, royalty-free license to process, host, copy, transmit, display, modify, adapt, distribute, reproduce, use and sublicense the Content submitted by you to the Platform for the purposes of providing the Services herein, in any and all media or distribution methods (whether now known or later developed).
Account Creation and Responsibilities
  • To be eligible to create an account, you must be at least 18 years of age and able to form a legally binding contract.

  • In order to access and utilize certain features of our Services, you may be required to create an account. By creating an account, you agree to provide accurate, current, and complete information as prompted during the registration process and to maintain the confidentiality of your account credentials.

  • You are solely responsible for maintaining the security of your account and for any activities or actions that occur under your account. You agree to promptly notify us of any unauthorized access to or use of your account or any other breach of security.

  • You understand and acknowledge that you are responsible for any and all content posted, transmitted, or accessed through your account, and you agree not to use the Services for any unlawful or unauthorized purposes.
Account Termination
  • We reserve the right to suspend or terminate your account, in whole or in part, without prior notice, at any time and for any reason or no reason at all, including, but not limited to, your violation of these Terms or any applicable law.

  • Upon termination of your account, you will lose access to any data, content, or information associated with your account. We are not liable for any loss or damage arising from the termination of your account.
Account Ownership and Transfer
  • Your account is personal to you, and you may not transfer or assign your account or any rights or obligations associated with it to any other party without our prior written consent.

  • We reserve the right to transfer or assign your account, in whole or in part, to a third party in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. In such an event, we will provide notice to you and ensure that any transferee agrees to assume the rights and obligations set forth in these Terms.
Account Information and Privacy
  • You acknowledge and agree that any personal information provided to us in connection with your account will be handled in accordance with our Privacy Policy . By creating an account, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy .

  • You are responsible for maintaining the accuracy and completeness of your account information. If any information provided by you changes, you agree to update it promptly to ensure its accuracy.
Suspension or Termination of Services
  • We reserve the right to suspend or terminate the provision of our Services, in whole or in part, at any time and for any reason or no reason at all, including, but not limited to, changes in our business operations or legal obligations. In the event of such suspension or termination, we will make reasonable efforts to notify you in advance, but we shall not be liable to you or any third party for any such suspension or termination.

  • Upon termination of our Services, your account and any associated data or information may be permanently deleted at our discretion. You acknowledge and agree that we shall not be liable to you or any third party for any loss of data or information resulting from such termination.
Prohibited Activities

Users of the platform are strictly prohibited from engaging in the following activities:

  • Distribute, license, sell, or transfer the Services, any component of the Services

  • Violation of Laws: Users must not use the platform for any unlawful purposes or in violation of any applicable laws, regulations, or industry standards.

  • Fraudulent or Deceptive Practices: Users shall not engage in any fraudulent, deceptive, or misleading practices, including but not limited to misrepresenting their identity, qualifications, or services.

  • Unauthorized Access: Users must not attempt to gain unauthorized access to the platform, other users' accounts, or any computer systems or networks associated with the platform.

  • Malicious Software: Users shall not introduce or transmit any viruses, malware, or other harmful or disruptive code that may damage or interfere with the operation of the platform or the data of other users.

  • Unauthorized Use: Users must not use the platform in a manner that exceeds the authorized scope of their access or interferes with the proper functioning of the platform or its infrastructure.

  • Spamming and Unsolicited Communications: Users shall not send unsolicited communications, spam, or any other form of unauthorized advertising or promotional materials through the platform.

  • Harassment and Abuse: Users must not engage in any form of harassment, abuse, or intimidation towards other users or any individuals associated with the platform, including but not limited to hate speech, threats, or stalking.

  • Intellectual Property Infringement: Users shall not infringe upon the intellectual property rights of others, including but not limited to copyrights, trademarks, patents, trade secrets, or any other proprietary rights.

  • Data Mining and Scraping: Users must not engage in any data mining, scraping, or extraction of information from the platform or its users without proper authorization.

  • Violation of Platform Policies: Users shall comply with all platform policies, guidelines, and rules that are communicated or made available to them by the platform. Interference with

  • Platform Operation: Users must not engage in any activities that may disrupt or interfere with the proper operation or security of the platform, including but not limited to hacking, distributed denial-of-service (DDoS) attacks, or any other malicious activities.

  • Non-Compliance: Users shall not fail to comply with any requests or instructions provided by the platform administrators or support team.

  • Any violation of these prohibited activities may result in immediate suspension or termination of the user's account and may also lead to legal consequences. The platform reserves the right to investigate and take appropriate legal action against users who violate these provisions.
Governing Law
  • This Agreement shall be governed by and construed in accordance with the laws of the state of [State] in the United States. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to this Agreement will be the courts located in Delaware, the United States.
Force Majeure
  • oto shall not be deemed in breach of this Agreement if oto is unable to complete the Services or any portion thereof by reason of fire, earthquake, flood, hurricane or other severe weather, labor dispute, act of war, terrorism, riot or other severe civil disturbance, death, illness or incapacity of oto or any local, state, federal, national or international law, governmental order or regulation or any other event beyond oto’s control (collectively, “Force Majeure Event”).
Severability
  • If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified or deleted to the extent necessary to comply with the law and preserve the intent of the parties. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms and Conditions. In such cases, the parties shall make good faith efforts to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves the intended economic and legal purposes of the original provision.
Indemnification
  • You agree to indemnify, defend, and hold harmless the platform and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the platform, your violation of these Terms and Conditions, or any third-party claims alleging infringement of their rights or harm caused by your actions or content. You agree to cooperate fully in the defense of any such claim and shall not settle any matter without the platform's prior written consent. The platform reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
No Waiver
  • The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.
Intellectual Property
  • The Platform and its logos, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are owned by oto. You may not use such materials without permission. oto, Tech Inc. dba oto ALL RIGHTS RESERVED
Customer Support
  • oto is available by email at [email protected] to address any issues you may have regarding your use of the Platform. Most concerns can be quickly resolved in this manner.
Entire Agreement
  • These Terms, including any additional terms and conditions referenced herein or made available through the Services, constitute the entire agreement between you and oto concerning your use of the Services and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and the Company.

By using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.