Terms & Conditions
Last Updated: March 2023
These Website Terms (these “Terms”) form an agreement between SafeGuard AI, Inc., a Delaware corporation dba Otoos, with offices at 500 7th Ave., New York, NY 10018 (“Otoos”) and you (“you” and “your”). These Terms govern your access and use of this website (the “Site”). Please review these Terms carefully. By visiting and using the Site, you agree to be bound by these Terms. Otoos may update these Terms from time to time in its discretion and will always keep the latest version of these Terms posted on the Site. By using the Site after a new version of these Terms has been posted, you agree to the terms and conditions of such version of these Terms.
Other Terms and Policies
These Terms govern the relationship between Otoos and visitors to its website generally. The relationship between Otoos and its customers is governed by the then-current Platform Terms of Service (or the applicable services contract between the parties), which will supersede and replace these Terms with respect to such relationship between the parties. Otoos’ collection and handling of personal information is governed by the then-current Privacy Policy.
Content and Ownership
“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Site. All Content is owned by Otoos or its third-party licensors. Nothing contained on the Site should be construed as granting any license or right to use or copy any of the Content without written permission from Otoos. Subject to your continued compliance with these Terms, Otoos hereby grants you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Site and Content for your personal, non-commercial use.
Restrictions
You will not: (i) remove any trademark or copyright notices contained in the Site or Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Site or Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Site or Content; (iv) disassemble, decompile or reverse engineer the Site or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Site or Otoos’ other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of the Site or any other systems; (vii) violate any applicable local, state, national or international law; (viii) post or transmit any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy rights of any person, or send unsolicited advertisements through the Site; (ix) use the Site in a way that will adversely affect Otoos or reflect negatively on it, any of its goodwill, name or reputation; or (x) provide any false or misleading information or any information that you do not have the right to provide.
Third Parties
The Site may contain links to websites owned or operated by third parties. Otoos does not control or endorse such websites and is not responsible for their content, nor is Otoos responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites or provided by third parties. Any views expressed by any third parties are the views of the applicable author and do not necessarily align with Otoos’ views. Otoos has no control over, and is not responsible for, your interactions with any third parties. Any transactions agreed upon between you and third parties are agreements between you and the applicable third party, and Otoos is not a party to any such transactions or agreements unless otherwise expressly stated. You are solely responsible for your interactions with any third parties.
DISCLAIMERS
ANY CONTENT PROVIDED ON THE SITE OR ANY MARKETING MATERIALS IS PROVIDED FOR INFORMATIONAL PURPOSES, AND MAY NOT BE COMPLETE, ACCURATE, OR UP TO DATE. PLEASE REVIEW YOUR CUSTOMER AGREEMENT FOR IMPORTANT DISCLAIMERS AND OTHER INFORMATION. YOUR USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK AND THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OTOOS DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SITE AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. OTOOS IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER RESULTING FROM ACCESS TO THE SITE, OR FOR ANY ISSUES ARISING FROM THE CORRUPTION OR UNAVAILABILITY OF ANY NETWORK. UNDER NO CIRCUMSTANCES SHALL OTOOS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE SITE OR OTHER THIRD PARTIES. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OTOOS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OTOOS WILL NOT BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $25 USD OR THE AMOUNTS PAID BY YOU TO OTOOS IN THE PAST THREE MONTHS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Indemnity
You will defend, indemnify, and hold Otoos and its officers, directors, employees, and agents harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements, including reasonable attorneys’ fees, resulting from your use of the Site or Content or your violation of these Terms.
Termination
Otoos reserves the right to modify or discontinue the Site (or any part thereof) without notice. Your right to use the Site and Content will automatically terminate if you breach these Terms. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive.
General
If any provision of these Terms is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without application of conflicts of laws principles and without application of the United Nations Convention on the International Sale of Goods. The parties consent and submit to the exclusive jurisdiction of the state and federal courts in New York, NY to resolve any disputes arising out of this Agreement. The prevailing party in any such dispute will be entitled to recover its reasonable attorneys’ fees and legal costs incurred in such dispute. These Terms and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Contact
If you have any questions or comments regarding these Terms, please contact Otoos using the contact information available on the Site.