These Terms of Service ("Terms") govern your access to and use of the OhTry websites, products, and cloud services (the "Services") provided by OhTry, Inc. ("OhTry"). By accessing the Services or signing an order form that references these Terms, you agree to be bound by them. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization.
1. Accounts
You are responsible for the accuracy of registration information, the security of your credentials, and all activity under your account. Notify us promptly of any unauthorized use.
2. Subscriptions and Fees
Paid Services are provided on a subscription basis under an order form or online sign-up. Fees are non-refundable except as required by law. Overages and usage-based charges are billed in arrears. Taxes are your responsibility unless we are legally required to collect them.
3. Customer Data
You retain all rights in the data you or your users submit into the Services ("Customer Data"). You grant OhTry a non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely to provide and improve the Services. OhTry processes personal information within Customer Data according to our Data Processing Addendum.
4. Acceptable Use
You will comply with our Acceptable Use Policyand all applicable laws. You will not reverse engineer, resell, or use the Services to build a competing product.
5. Telephony Services
OhTry Mobile and related telephony features are delivered in part through third-party carriers, including Twilio. You are responsible for obtaining any required consents (including recording and marketing consents) and complying with laws such as the TCPA, CAN-SPAM, and local equivalents. Emergency calling (911/E911) may be limited or unavailable in certain configurations.
6. Intellectual Property
OhTry and its licensors own all rights in the Services, including software, interfaces, and documentation. No rights are granted except those expressly stated in these Terms.
7. Confidentiality
Each party will protect the other's confidential information using at least the same degree of care it uses for its own, and no less than a reasonable standard.
8. Warranties and Disclaimers
OhTry warrants that the Services will materially conform to their published documentation. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. EACH PARTY'S AGGREGATE LIABILITY WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO OHTRY IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
Each party will defend and indemnify the other against third-party claims arising from breach of these Terms, subject to prompt notice, sole control of defense, and reasonable cooperation.
11. Term and Termination
These Terms remain in effect until terminated. Either party may terminate for material breach not cured within 30 days of written notice. On termination your right to use the Services ends and Customer Data is deleted or returned per the DPA.
12. Government Customers
For state, local, and tribal government customers, additional public-sector terms and procurement addenda may apply and, where properly executed, will control over conflicting provisions of these Terms.
13. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Exclusive jurisdiction lies in the state and federal courts located in Delaware, except where prohibited.
14. Changes
We may update these Terms from time to time. Material changes will be communicated through the Services or by email at least 30 days before they take effect for existing subscriptions.
15. Contact
OhTry, Inc. — Legal
Email: legal@ohtry.com