Terms of Service

Last Updated: July 21, 2023

1. Acceptance of Terms

Welcome to OWiC, a service provided by OWiC Technologies Inc. (“we”, “our”, “us”, or “OWiC”). These Terms of Service (these “Terms”) govern your access to and use of our application, OWiC (“App”), our website at https://www.owictech.com/ (“Website”) and any services, content, or functionalities provided through the App or Website (collectively, “Services”). These Terms are a legal agreement between you (“you” or “your”) and us. By accessing or using the Services, you agree to be bound by these Terms.  The date you first agree to these Terms is referred to herein as the “Effective Date.” 

Please read these Terms carefully, and contact us if you have any questions. By clicking the “I Accept” button, downloading the App or accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which describes how we collect, use, and store your information. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS, THEN DO NOT CLICK “I ACCEPT” OR PROVIDE ANY OTHER INDICATION OF AGREEMENT, DO NOT ACCESS OR USE OUR WEBSITE OR SERVICES, AND DO NOT DOWNLOAD THE APP.

2. User Accounts

To access and use our Services, you may need to register and create an account (“Account”). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for the activity that occurs on your Account, and for keeping your Account login credentials secure and confidential. You agree to immediately notify OWiC of any unauthorized use of, or access to, your Account login credentials.  

3. User Content

“User Content” means any text, graphics, images, music, audio, video, data, information, or other materials that users post, upload, share, submit, display or otherwise provide or make available from time to time on or through our Service.

By providing any of your User Content, you represent, warrant and covenant that you have the right to provide your User Content for the purposes set forth in these Terms.  You are solely responsible for your User Content that you post, upload, share, submit, display or otherwise provide or make available on or via the Services.  You must not post, upload, share, submit, display or otherwise provide or make available any of your User Content that you do not have the right to copy, use or share for the purpose of your use of the Services.  If you choose to provide your User Content to use, register for or participate in a service, event, or promotion on our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you. Your User Content is subject to the license rights set forth in these Terms.

While you retain all rights to your User Content, by submitting, posting, uploading, sharing, displaying or otherwise providing User Content on or through our Service, you grant us an irrevocable, non-exclusive, transferable, royalty-free, worldwide license to (i) provide the Services and (ii) analyze and improve the App, Website and any other portion of the Services. 

By accessing our Services or any other service provided through our Services, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services or any related service to: 

  • Transmit any content that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful or objectionable in any manner;

  • Harm or exploit minors in any way;

  • Solicit personal information from children under 13 years of age;

  • Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);

  • Provide User Content that infringes any patent, trademark, copyright, or other proprietary rights;

  • Submit User Content that you know is false, misleading, untruthful or inaccurate;

  • Violate any federal, state, local or international law or regulation;

  • Encourage conduct that would constitute a criminal or civil offense;

  • Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature;

  • Harass, threaten or intentionally embarrass or cause distress to another person or entity

  • Impersonate another person;

  • Engage in commercial activities on our Services or using our Services;

  • Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by OWiC;

  • Post unsolicited advertising or unlawfully promote products or services;

  • Promote, solicit, or participate in any multi-level marketing or pyramid schemes;

  • Use a name or language that OWiC, in its sole discretion, deems offensive;

  • Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum, if any;

  • Obtain unauthorized access to any computer system through the Website; or

  • Introduce worms, Trojan horses, viruses or any other harmful computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.

We are not responsible for any content posted by any other user or third party to a public forum on our App, Website or other Services.  We reserve the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Services.

4. Privacy; Security

Our Privacy Policy describes how we handle User Content. OWiC shall not disclose your User Content to third parties, except as permitted under these Terms or under the Privacy Policy. You understand that through your use of our Service, you consent to the collection and use of your User Content in accordance with these Terms and our Privacy Policy. Our Privacy Policy is available on our Website at https://owictech.com/privacy as such Privacy Policy may be updated from time to time.  

You shall not circumvent or otherwise interfere with any user authentication or security of our Services.  We will deploy commercially reasonable security precautions intended to protect against unauthorized access to any your User Content on the App or otherwise stored by us in connection with your use of our Services.  We will exercise reasonable efforts to deploy corrections within the App for security breaches made known to us. You acknowledge that, notwithstanding the security precautions deployed by us, the use of, or connection to, the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the App, Website and your User Content.  We cannot and do not guarantee the privacy, security, integrity or authenticity of any information transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.

5. Proprietary Rights

Subject to the Terms, we hereby grant to you a limited, non-exclusive, non-transferable right to access and use the Services, solely for your personal use and not for the benefit of any other person or entity.

We acknowledge that, as between you and OWiC, you are the sole and exclusive owner of your User Content.  You acknowledge that the App, Website and other content available through our Services (other than your User Content), and all intellectual property rights therein, are the sole and exclusive property of OWiC and its licensors.  The service marks and trademarks of OWiC, including without limitation “OWiC Technologies” and the OWiC logo, are service marks owned by OWiC.  Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners.  You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

You shall not, directly or indirectly, and you shall not permit any third party to, (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Services; (ii) modify, translate, or create derivative works based on any element of the Services or any related documentation; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use the Services, including the App; (iv) use the Services for any purpose other than its intended purpose; (v) interfere with or disrupt the integrity or performance of the Services; or (vi) attempt to gain unauthorized access to the Services.

You hereby grant to OWiC, at no charge, a non-exclusive, royalty-free, worldwide, transferable, sublicensable (through one or more tiers), perpetual, irrevocable license in and to suggestions, comments and other forms of feedback (“Feedback”) regarding the App, Website or other Services, including Feedback regarding features, usability and use, and bug reports, to reproduce, perform, display, create derivative works of the Feedback and distribute such Feedback and/or derivative works in the Services or any other products or services.  Feedback is provided by you “as is” without warranty of any kind by you.

6. In-App Purchases

While we currently operate on a prior purchase model, we may introduce subscription plans or in-app purchases in the future. If we do, additional terms and conditions related to those offerings will be provided, and your use of such offerings will be subject to those additional terms and conditions.

7. Termination

The term of these Terms shall commence on the Effective Date and continue until terminated as set forth in herein. You can delete your Account at any time by going to account settings. We may also suspend or terminate your access to the Services at any time, without notice, and for any reason, including but not limited to violation of these Terms. Upon termination, your use of, access to and right to use the Services will immediately cease and we shall have no obligation to maintain or provide and of your User Content and may, unless legally prohibited, delete all of your User Content in our systems or otherwise in our possession or under our control. 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.

8. Disclaimer of Warranties

The app, website and other Services are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or title and any warranties arising from A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected. YOUR USE OF THE APP, WEBSITE AND OTHER SERVICES IS AT ITS OWN RISK.  OWIC DISCLAIMS ALL LIABILITY FOR THE LOSS OF DATA ENTERED INTO OR SAVED IN THE APP OR WEBSITE.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall OWiC, its affiliates, directors, employees, or agents be liable for (A) any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, any damages resulting from your access to or use of or inability to access or use the Services, any User Content, or any unauthorized access to or alteration of your transmissions or data, in each case, regardless of whether either party has been ADVISED of the possibility of such damages, or (B) AGGREGATE DAMAGES for any and all claims hereunder GREATER THAN TEN U.S. DOLLARS ($10).

10. Indemnification

You agree to defend, indemnify, and hold harmless OWiC, its affiliates, directors, officers, employees, agents and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys' fees, arising directly or indirectly from your use of the Services and/or your User Content, your violation of any term of these Terms, your violation of any third-party rights, including without limitation any copyright, property, or privacy right, or any claim that your User Content caused damage to a third party.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions or principles to the extent such principles would apply the laws of any other state or country. You agree to submit to the personal and exclusive jurisdiction of the courts located in the State of New York for the resolution of any disputes arising out of or relating to these Terms or the Services.

12. Changes to Terms of Service

We may update these Terms at any time from time to time (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, (3) to prevent abuse or harm and (4) for any other reason.

These Terms as applicable to users of our App or Website may be unilaterally amended by us by posting of such update of the Terms on the App and/or Website and shall be effective from and after such posting.  By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you don’t agree to the new terms, you should remove your content and stop using the Services.

13. Miscellaneous

13.1 Entire Agreement.  These Terms, together with any supplemental terms expressly agreed by the parties through the App or Website concurrently herewith or subsequent hereto, constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous understandings, representations, discussions, negotiations, and agreements, whether written or oral.

13.2 Severability.  If any provision of these Terms are held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect.

13.3 Force Majeure. Neither party shall be liable for any failure or delay in performance under these Terms due to fire, explosion, earthquake, epidemic, storm, flood or other weather; unavailability of necessary utilities or raw materials; Internet service provider failures or delays, or denial of service attacks; war, civil unrest, acts of terror, insurrection, riot, acts of God or the public enemy; strikes or other labor problems; any law, act, order, proclamation, decree, regulation, ordinance, or instructions of government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of these Terms); or any other event beyond the reasonable control of the party whose performance is to be excused.

13.4 Assignment.  You shall not assign your rights or obligations under these Terms, whether voluntarily or by operation of law or otherwise, without our prior written consent. We may assign our rights or obligations under these Terms without your prior written consent. Any purported assignment or transfer in violation of this section shall be void. Subject to the foregoing restrictions, these Terms will bind and benefit the parties and their successors and permitted assigns. 

13.5 Relationship of the Parties. We are an independent contractor to you. There is no relationship of agency, partnership, joint venture, employment, or franchise between us.  Neither party has the authority to bind the other or to incur any obligation on its behalf.

13.6 Export.  The App and Website utilize software and technology that may be subject to United States and foreign export controls. You acknowledge and agree that the Services shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The App may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. You agree to comply strictly with all applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. We and our licensors make no representation that the Services are appropriate or available for use in other locations.

13.7 Third Party Links; No Third Party Endorsements.  External links on our Services may lead to other websites, including advertised products sold by outside vendors and companies.  We are not liable for the content, goods, services, advertising, or other materials found on these external websites.  Although we may display ads and have an affiliate referral relationship with third parties, we do not own or control outside companies selling products accessed through our Services, and are not responsible or liable for their company policies or the quality of their merchandise or services.  Before buying anything, users are advised to carefully investigate the individual company policies of all online purchases that they intend to make.  From time to time, we may be a participant in certain affiliate advertising programs designed to provide a means for websites to earn advertising fees by advertising and linking to certain third parties.  Any logo of a third party used on the App, Website or other portion of our Services is a trademark of such third party or its affiliates. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by OWiC of that third party or of any product or service provided by a third party.  Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website. We do not warrant the performance any other third party.

14. Contact Us

If you have any questions about these Terms, the App, Website or other Services, please contact us at info@owictech.com.