Welcome to the digital services provided by OSPRAI LLC ("OSPRAI," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website osprai.io (the "Site") and our digital software applications, platforms, and related services (collectively, the "Services").
Please read these Terms carefully before accessing or using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, you may not access or use our Services.
1. Acceptance of Terms
By accessing or using our Services, you represent and warrant that you have the legal capacity to enter into these Terms and that you agree to be bound by them. If you are using our Services on behalf of an organization, you are agreeing to these Terms for that organization and represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Services
OSPRAI LLC operates a website that provides access to digital software. The specific features and functionalities of our Services may vary depending on the subscription or access level you have acquired. We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice.
3. User Accounts
To access certain features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain and promptly update your account information to keep it accurate, current, and complete.
- Notify us immediately of any unauthorized access to or use of your account.
- Not share your account credentials with any other person or entity.
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter is found to be inaccurate, false, or misleading, or if you violate these Terms.
4. Use of Services
Subject to these Terms, OSPRAI grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for their intended purpose. You agree not to:
- Use our Services for any illegal or unauthorized purpose.
- Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services.
- Use any robot, spider, scraper, or other automated means to access or collect information from our Services without our express written consent.
- Introduce any viruses, worms, Trojan horses, logic bombs, or other malicious code to our Services.
- Attempt to gain unauthorized access to any portion or feature of our Services, other user accounts, or computer systems or networks connected to our Services.
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the software used to provide the Services, except to the extent that such restriction is expressly prohibited by applicable law.
- Use our Services in a way that violates the rights of any third party, including intellectual property rights.
5. Intellectual Property Rights
The Site and the Services, including all content, features, and functionality (including but not limited to software, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software code), are owned by OSPRAI LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited license to access and use the Services as described in Section 4. No right, title, or interest in or to the Services or any content therein is transferred to you, and all rights not expressly granted are reserved by OSPRAI.
You may not use our trademarks, service marks, logos, or any confusingly similar marks without our prior written consent.
6. User Content
Our Services may allow you to input, upload, or otherwise make available content ("User Content"). You retain ownership of your User Content. However, by providing User Content to or through our Services, you grant OSPRAI a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with providing and operating our Services.
You represent and warrant that you have all necessary rights to grant the licenses in this section and that your User Content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights, and is not unlawful, defamatory, obscene, or otherwise objectionable.
We have the right, but not the obligation, to monitor, edit, or remove User Content that we believe violates these Terms or is otherwise objectionable.
7. Fees and Payment (If Applicable)
If our Services require payment of fees, you agree to pay all applicable fees as described on our Site or in a separate agreement. We reserve the right to change our fees at any time upon notice to you. Unless otherwise stated, all fees are in U.S. dollars.
You agree to provide accurate and complete payment information. You authorize us to charge your chosen payment method for all applicable fees. If your payment method fails, we may suspend or terminate your access to the paid portions of the Services.
Subscription fees, if applicable, will be billed on a recurring basis as specified during your subscription purchase. You can manage or cancel your subscription through your account settings or by contacting us. Unless you cancel your subscription before the renewal date, you authorize us to charge the applicable subscription fee to your payment method.
8. Third-Party Links and Services
Our Services may contain links to third-party websites or services that are not owned or controlled by OSPRAI. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that OSPRAI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.
9. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OSPRAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OSPRAI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES ADVERTISED OR OFFERED THROUGH OUR SERVICES OR ANY HYPERLINKED WEBSITES.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OSPRAI LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, EVEN IF OSPRAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OSPRAI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT YOU PAID TO OSPRAI, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OSPRAI AND YOU.
11. Indemnification
You agree to indemnify, defend, and hold harmless OSPRAI LLC and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall be exclusively resolved in the state and federal courts located in You consent to the personal jurisdiction of such courts and waive any objection to the venue of such courts.
13. Termination
We may terminate or suspend your access to our Services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Modifications to These Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our Site or through other reasonable means. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically for any changes.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and OSPRAI LLC regarding your use of our Services and supersede all prior and contemporaneous communications and proposals, whether oral or written, between you and OSPRAI.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
17. Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
18. Contact Us
If you have any questions about these Terms or our Services, please contact us via our Contact page.