Effective as of: 1st of January 2024
By accessing and using OSSA.AI Inc.'s application programming interfaces, software, tools, data, documentation, or website (collectively, “Services”), you explicitly agree that you have read and agreed to be bound by the following terms and conditions (the “Terms”) as well as all applicable laws and regulations. Additionally, you confirm that you are 18 years or older and have the legal capacity to enter into a binding contract.
The use of the above terminology or other words in the singular, plural, capitalized, and/or he/she or they, are considered interchangeable and, therefore, as referring to the same entity or concept.
These Terms, along with any policies included in these Terms, constitute the complete agreement between you and OSSA.AI regarding access to or use of the Services. They supersede any previous or simultaneous agreements, communications, or understandings between you and OSSA.AI on this subject, except for any Service-specific terms of use or applicable Enterprise agreements.
No agency, partnership, joint venture, or other forms of relationship are intended or created by your access to or use of the Services.
You may not transfer or delegate any rights or obligations under these Terms, and any attempted transfer or delegation by you will be considered null and void. OSSA.AI may transfer these Terms in the event of a merger, acquisition, or sale of all or a significant portion of our assets, or to any affiliate as part of a corporate restructuring.
OSSA.AI is dedicated to safeguarding your privacy. Our Privacy Policy details how we gather, utilize, and disclose personal information you provide to us when you access and use the Services. For more information, please view our Privacy Policy here.
OSSA.AI Inc. grants you a non-exclusive right to access and utilize the Services in accordance with these Terms. OSSA.AI retains all rights, titles, and interests in the Services and does not consent to any transfer of title regarding the Services. Under this license, the following is not permitted:.
In the course of utilizing the Services, you may input, post, upload, and submit information (“User Input”) to the Services, and direct the Services to create and generate new content based on your User Input (“User Output”). OSSA.AI reserves the right to restrict or remove certain User Inputs or User Outputs at its sole discretion, particularly if they contravene these Terms. OSSA.AI does not assert any ownership over your User Input or User Output, and does not limit your use of User Output for personal purposes (including commercial uses), except in cases of termination as outlined below, and explicitly denies any liability stemming from your commercial use of any User Output. Between you and OSSA.AI, to the degree that we gain any rights in the User Output, we hereby transfer to you all rights, titles, and interests in such User Output. Your User Input, User Output, and any other materials, data, or content you post, upload, submit, or make accessible through the Services are collectively termed “Your Content.” You bear responsibility for Your Content, including ensuring it complies with laws, third-party rights, and these Terms.
OSSA.AI does not claim ownership of Your Content. By using the Services and uploading or generating Your Content, you grant us a license to access, utilize, host, cache, store, replicate, transmit, display, publish, distribute, and modify Your Content for technical purposes, but only as necessary to operate, enhance, promote, and provide the Services. You acknowledge that these rights and licenses are royalty-free, transferable, sublicensable, global, and permanent (as long as Your Content is stored with us), and include a right for us to make Your Content available to, and transfer these rights to, others whom we have contractual agreements with in relation to the provision of the Services, and to allow access to or disclose Your Content to third parties if deemed necessary to fulfill our legal obligations.
To the greatest extent allowed by law, OSSA.AI reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any moment, for any reason, without prior notice. By posting or submitting Your Content through the Services, you represent and warrant that you possess, or have obtained, all necessary rights, licenses, consents, permissions, authority, and power to grant the rights conferred herein for Your Content. You agree that Your Content will not include material subject to copyright or other proprietary rights, unless you have the necessary authorization or are legally entitled to post the material and to grant us the license specified above.
These Terms become effective upon your initial access to the Services and continue until they are terminated. You can terminate these Terms at any time by ceasing to use the Services and Outputs and deleting your account, if applicable, through your account settings. OSSA.AI may immediately terminate your use of the Services without notice if you breach, or if we reasonably suspect you may have breached, the Terms. OSSA.AI may also terminate the Terms with 30 days’ notice to you. Upon OSSA.AI’s termination of the Terms or your use of the Services for any reason, OSSA.AI may, but is not required to, delete any of Your Content. OSSA.AI is not liable for failing to delete or for deleting Your Content. Moreover, if OSSA.AI terminates the Terms or your use of the Services due to your violation of these Terms or other applicable use policies, you must cease using and delete any Outputs and other materials obtained from the Services in your possession, in either electronic or printed format. Sections that inherently should survive the termination or expiration of the Terms, such as "General", "Input and Output License", "Confidentiality", "Exclusions and Limitations", "Indemnification", and "Dispute Resolution", will survive the termination or expiration of the Terms.
Through your use of the Services, you may gain access to OSSA.AI’s and other third parties' Confidential Information. This Confidential Information should only be used as necessary to access or use the Services according to the Terms. You are obliged to protect this Confidential Information with the same degree of care that you use for your own Confidential Information. If legally compelled or ordered by a court to disclose such Confidential Information, you are expected to notify OSSA.AI in advance and make reasonable efforts to limit the disclosure, including aiding OSSA.AI in contesting such requests if feasible.
Information should be considered “Confidential Information” if it is designated as such by OSSA.AI or the third-party owner, or if it is reasonably regarded as confidential under the circumstances. When in doubt, treat information as Confidential Information.
If you choose to purchase any Services provided by OSSA.AI (“Payment”), you may be required to provide specific information relevant to your Payment, including your credit card number, its expiration date, and your billing address. You affirm and warrant that: (i) you are legally authorized to use any credit card(s) or other payment method(s) for the Payment; and (ii) the information you provide us is accurate, complete, and current.
OSSA.AI may use third-party services to facilitate Payment. By submitting your Payment details, you understand that we may share this information with these third parties as per our Privacy Policy.
Your Payment is only confirmed upon receipt of a confirmation email from us or our third-party payment services. We and the third-party services facilitating payments reserve the right to reject your Payment due to product or service unavailability, or if fraud or an unauthorized or illegal transaction is suspected. We also reserve the right to refuse payment, cancel orders, or correct pricing errors or mistakes even after issuing an invoice or receiving Payment. After your Payment is processed, you will receive credits in your OSSA.AI account that can be used to generate applicable content under these Terms and any applicable pricing terms.
All prices displayed by OSSA.AI are typically in USD. We may alter our prices, which become effective 14 days after posting on our website. We may choose to display prices in the currency we deem to be your local currency. You are responsible for all applicable taxes for any Service purchases, based on the billing information provided at the time of service.
Payments are nonrefundable except as outlined in these Terms. If you make a Payment to OSSA.AI, you are entitled to request a refund of that Payment within seven (7) days of the original Payment date. Refunds only apply to accounts which have the full credit balance on the account. Users who have used credits following the purchase of a subscription are not entitled to a refund. To request a refund, please reach out to us via the support chat widget on our website or email us at [email protected]. We will process any approved refund to the payment method used for the original Payment.
We may, at our sole discretion, provide complimentary credits for free use of Services. These credits are not legal tender and hold no value, which OSSA.AI may revoke at any time. If you create multiple accounts or otherwise attempt to fraudulently obtain complimentary credits, we reserve the right to charge you for Services obtained using the credits or revoke your access to the Services.
Please note that the subscription prices for OSSA.AI services as displayed are not tax-inclusive. Your subscription may be subject to sales tax, VAT, or other types of taxes, in accordance with the laws of your region or country. The applicable tax amount will be calculated and added to your total charge based on the billing information you provide at the time of purchase. It is your responsibility to understand and comply with any tax obligations that may arise from your purchase of OSSA.AI services.
Payments are nonrefundable except as outlined in these Terms. If you make a Payment to OSSA.AI, you are entitled to request a refund of that Payment within seven (7) days of the original Payment date. Refunds only apply to accounts which have the full credit balance on the account. Users who have used credits following the purchase of a subscription are not entitled to a refund. To request a refund, please reach out to us via the support chat widget on our website or email us at [email protected]. We will process any approved refund to the payment method used for the original Payment.
The Services are provided "as is." To the extent permitted by law, OSSA.AI and our representatives disclaim all warranties (express, implied, statutory, or otherwise) regarding the Services, including any warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, as well as any warranties arising from course of dealing or trade usage. We do not guarantee that the Services will be uninterrupted, error-free, accurate, or that any content will be secure or not lost or altered.
OSSA.AI and our representatives shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these Terms shall not exceed the greater of the amount you paid for the service that gave rise to the claim in the 12 months before the liability arose or one hundred dollars ($100). The limitations in this section apply to the maximum extent permitted by applicable law.
OSSA.AI assumes no responsibility and accepts no liability for any content created, uploaded, posted, sent, received, or stored by you, another user, or a third party on or through our Services.
You acknowledge and agree that you may encounter content that could be offensive, illegal, misleading, or otherwise inappropriate, for which OSSA.AI will not be responsible.
The Services may include technical, typographical, or photographic errors. OSSA.AI does not warrant that the Services are accurate, complete, or current. We may make changes to the Services at any time without notice, but we do not make any commitment to update the Services.
Redistribution or republication of any part of the Services is strictly prohibited unless specified otherwise in these Terms or with the express written consent of OSSA.AI.
OSSA.AI does not actively monitor or review the content of third-party websites or services that are linked to or accessible from our Services. The views and opinions expressed on these external sites or services are not necessarily endorsed or shared by us, and we should not be considered the publisher of such opinions or material. You acknowledge and agree that OSSA.AI is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party websites or services. We do not make any warranties or endorsements and do not assume any liability or responsibility to you or anyone else for materials, products, or services of third parties. These materials and links to other websites are provided merely for your convenience.
Please be aware that we are not responsible for the privacy practices or content of these third-party sites or services. We encourage our users to be mindful when they leave our Services and to read the privacy statements of other sites or services. You should assess the security and trustworthiness of any other site or service you visit or interact with. OSSA.AI is not liable for any loss or damage of any kind, however caused, resulting from your dealings with third-party sites or services.
The Services contain intellectual property owned by OSSA.AI and/or our Representatives, including trademarks, copyrights, proprietary information, and other forms of intellectual property, as well as the OSSA.AI name, logo, all designs, text, graphics, files, and the selection and arrangement thereof, often referred to as the "look and feel." The entire Services are safeguarded by intellectual property law, encompassing international copyright and trademark laws. You are forbidden from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing, or performing, or in any manner exploiting any of the Services or intellectual property, in whole or in part, without our prior written consent. This includes, without limitation, any text, graphics, code, software, video, audio in the Services. We reserve the right to immediately remove you from the Services, without notice or refund, or restrict your access to the Services should you violate this term.
If you believe that your intellectual property rights have been infringed upon by a user of the Services, please forward a notice via certified mail to the address provided below. OSSA.AI may remove content alleged to be infringing and reserves the right to terminate the Services for users who infringe on these rights.
Cole Gonzales
CEO & Co-Founder of OSSA.AI Inc.
603 Park Center Drive, Suite 101
Email: [email protected]
Attn: Copyright Complaint
Claims regarding copyright infringement should include:
You agree to indemnify and hold harmless OSSA.AI and its Representatives from all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, including third-party claims and legal fees, arising from your breach of these Terms, any violation of law, or your use of the Services or Outputs. You shall assist OSSA.AI in its defense of such matters, providing information, documents, records, and access as deemed necessary by OSSA.AI without charge. Any settlement or waiver of defense regarding third-party claims requires OSSA.AI's prior written consent.
OSSA.AI will not be held responsible for any failure to fulfill obligations related to the Services, as stipulated in these Terms, due to circumstances beyond its control. This includes, but is not limited to, acts of God, terrorism, war, political unrest, insurrection, riots, civil disorder, acts of civil or military authority, uprisings, natural disasters like earthquakes or floods, or any other unforeseen natural or man-made events. Such circumstances absolve OSSA.AI from any prior agreement or contract and are not anticipated as foreseeable events.
The failure of either Party to strictly enforce any provision of this Agreement, or to exercise any right or remedy available under these Terms, should not be interpreted as a waiver of that provision, right, or remedy. Such inaction does not alter the obligations set forth in these Terms or any other agreements related to the Services. Additionally, any waiver of provisions in these Terms or related agreements is not valid unless expressly stated in a written document and signed by duly authorized representatives of OSSA.AI Inc.
You and OSSA.AI agree to resolve any past, present, or future claims related to these Terms or our Services through final and binding arbitration, except for claims brought in small claims court, claims solely for injunctive relief, or intellectual property disputes.
You have the option to opt out of these arbitration terms, including any future changes to these arbitration terms, by notifying us in writing within thirty (30) days of your first access to the Services. Your written notification must include your name and address, and a clear statement indicating your decision to opt out of arbitration with OSSA.AI. Failing to opt out within this 30-day period signifies your acceptance of the arbitration and dispute resolution procedures outlined in these Terms.
Prior to initiating any formal action against OSSA.AI, including arbitration or lawsuits, you agree to attempt informal dispute resolution by sending OSSA.AI a certified mail notice containing your name, a description of the dispute, the remedy you seek, and your preferred contact method for this dispute. If we cannot resolve the dispute within 60 days or an agreed-upon time frame, you may then proceed with formal action. Any statute of limitations will be suspended during these informal negotiations.
Arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted by a single arbitrator mutually agreed upon by both parties from the AAA National Roster. If face-to-face arbitration is required, it will take place in Orange County, California. Each party will bear its own attorneys’ fees and expenses, unless ordered otherwise by the arbitrator. Should the arbitrator deem your claim frivolous, improper, or otherwise rule in favor of OSSA.AI, you agree to reimburse OSSA.AI for all associated arbitration fees, including attorneys’ fees and expenses.
Injunctions may only be granted by the arbitrator if mutually agreed upon by both parties. In disputes involving both monetary and injunctive claims, monetary claims must be resolved in arbitration before seeking injunctive relief in court, as permitted by law. The arbitrator’s decision is final and binding, and judgment on the award can be entered in any court with jurisdiction.
Unless mandated otherwise by law, the arbitration proceeding and all related records will remain confidential and will not be disclosed to third parties, except as needed for court confirmation of the arbitration award.
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Unless required to be arbitrated or brought in small claims court under these Terms, or if arbitration is deemed unenforceable or invalid, legal proceedings may only be initiated in federal or state courts located within Orange County, California. Both parties consent to the jurisdiction of these courts.
You and OSSA.AI agree that disputes will be resolved individually, not as part of any class action. You waive any right to participate in a class action lawsuit. The arbitrator is not authorized to combine or aggregate claims, conduct class actions, or make awards to non-parties. You and OSSA.AI agree that the arbitrator cannot consolidate more than one person’s claims or preside over any class action.
A breach of these Terms will cause irreparable harm to OSSA.AI, for which monetary damages would not suffice. Thus, OSSA.AI is entitled to equitable relief, in addition to any other remedies available, without the necessity of a bond, other security, or proof of damages.
Written notifications under this section should be sent by certified mail to:
603 Park Center Drive
Suite 101, Santa Ana, CA 92705
Attn: Legal Department
OSSA.AI Inc. reserves the right to modify these Terms as necessary and your ongoing use of the Services signifies your acceptance of any changes. We will endeavor to inform you of significant amendments to these Terms, such as through email or in-service notifications, which will take effect 30 days after such notice. Other changes may be implemented immediately and might not be accompanied by notice. It is your responsibility to regularly review the Terms for any updates.
You agree not to export or re-export, directly or indirectly, the Services and/or any related information or materials provided by OSSA.AI, to any country requiring an export license or other governmental consent without first obtaining such license or approval. Specifically, the Services must not be exported or re-exported (a) to any countries under U.S. embargo or designated as “terrorist supporting” by the U.S. Government, or (b) to entities on U.S. Government lists of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals and the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You agree to comply with all applicable export laws and regulations at your own expense.
OSSA.AI Inc. welcomes and values your feedback, comments, and suggestions for improvements to the Services (“Feedback”). You understand and agree that any Feedback you provide, whether directly to OSSA.AI Inc. or through a third-party service, does not grant you any rights, titles, or interests in the Services or the Feedback itself. All Feedback becomes the exclusive property of OSSA.AI Inc., and we may use and disclose Feedback in any manner and for any purpose without further notice, compensation to you, or any retention of proprietary, or other rights or claims by you. You hereby assign to OSSA.AI Inc. all rights, titles, and interests in any Feedback, including all intellectual property rights. To the extent these rights cannot be assigned under applicable law, you waive any moral and author's rights (including attribution and integrity) related to the Feedback.