These Terms of Service ("Terms") govern your access to and use of Ocally, Inc.'s ("Ocally," "we," "us," or "our") AI Operating System for local business (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
1. Acceptance of Terms
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Service
Ocally provides an AI-powered operating system designed to help local businesses manage operations, marketing, customer relationships, and growth strategies. The Service integrates with various third-party tools and platforms to provide a unified business management solution.
3. Account Registration and Security
3.1 Account Creation
To use the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Security
You agree to:
- Maintain the security of your password and account
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities under your account
- Not share your account credentials with third parties
4. Use of the Service
4.1 Permitted Use
You may use the Service solely for lawful business purposes in accordance with these Terms and applicable laws and regulations.
4.2 Prohibited Activities
You agree not to:
- Use the Service for any illegal or unauthorized purpose
- Violate any laws, regulations, or third-party rights
- Interfere with or disrupt the Service or servers
- Attempt to gain unauthorized access to the Service or related systems
- Reverse engineer, decompile, or disassemble any part of the Service
- Use automated systems to access the Service without permission
- Transmit viruses, malware, or other harmful code
- Impersonate any person or entity or misrepresent your affiliation
- Collect or harvest information about other users
5. Subscription and Payment
5.1 Subscription Plans
The Service is offered on a subscription basis. Subscription fees, billing cycles, and features are detailed on our pricing page. We reserve the right to modify our pricing with reasonable notice.
5.2 Payment Terms
You agree to pay all fees associated with your subscription. Fees are billed in advance on a recurring basis. All fees are non-refundable except as required by law or as explicitly stated in our refund policy.
5.3 Automatic Renewal
Subscriptions automatically renew unless cancelled before the end of the billing period. You may cancel your subscription at any time through your account settings.
6. Intellectual Property
6.1 Our Rights
The Service, including all content, features, functionality, and technology, is owned by Ocally and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
6.2 Your Content
You retain ownership of any content you upload, create, or share through the Service ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely to provide and improve the Service. We do not use Your Content to train or fine-tune AI models.
7. Third-Party Services
The Service may integrate with third-party services, tools, and platforms. Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or practices of third-party services.
8. Data and Privacy
Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
9. Service Availability and Modifications
We strive to maintain the availability of the Service but do not guarantee uninterrupted or error-free operation. We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time with or without notice. We are not liable for any loss or damage resulting from such actions.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCALLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.
12. Indemnification
You agree to indemnify, defend, and hold harmless Ocally and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Service or violation of these Terms.
13. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease, and we may delete your account and data. You may terminate your account at any time through your account settings.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Contact Us
If you have any questions about these Terms, please contact us at:
Ocally, Inc.
Palo Alto, CA
Email: [email protected]