Terms of Service

Please read these terms carefully before using our platform

Last updated: January 2024

1. Introduction

Welcome to Ownly ("Company," "we," "us," "our," or "Service"). These Terms of Service ("Terms") govern your access to and use of our website, platform, and services (collectively, the "Service"). By accessing or using Ownly, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not use our Service.

Ownly provides AI-powered demo and lead capture solutions designed to help businesses showcase their products and services to potential customers. Our platform enables users to create interactive demos, capture customer information, and generate leads through our advanced AI technology.

These Terms constitute a legally binding agreement between you and Ownly. We reserve the right to modify these Terms at any time. Your continued use of the Service following any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically to stay informed of any updates.

2. User Agreements and Eligibility

2.1 Eligibility

You represent and warrant that: (a) you are at least 18 years of age or the legal age of majority in your jurisdiction; (b) you have the legal authority to enter into these Terms; (c) you are not a person or entity barred from using our Service under applicable law; and (d) your use of the Service complies with all applicable laws and regulations.

2.2 Account Registration

To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to your account.

2.3 Account Responsibility

You are solely responsible for all activities conducted through your account, including any content uploaded, created, or shared. You agree to use your account only for lawful purposes and in accordance with these Terms. You may not share your account credentials with third parties or allow others to access your account.

3. Acceptable Use Policy

You agree not to use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Service. Specifically, you agree not to:

  • Engage in any form of harassment, abuse, or threatening behavior toward other users or our staff
  • Upload, post, or transmit any unlawful, defamatory, obscene, or otherwise objectionable material
  • Violate any applicable laws, regulations, or third-party rights, including intellectual property rights
  • Attempt to gain unauthorized access to our systems, networks, or accounts
  • Use automated tools, bots, or scripts to access or interact with the Service without authorization
  • Engage in spam, phishing, or other deceptive practices
  • Reverse engineer, decompile, or attempt to discover the source code or underlying technology of the Service
  • Transmit viruses, malware, or any other harmful code
  • Create multiple accounts to circumvent restrictions or manipulate the Service
  • Sell, transfer, or exploit access to the Service for commercial purposes without authorization

3.1 Content Guidelines

You are responsible for all content you create, upload, or share through the Service. You warrant that you own or have the necessary rights to all content you provide. You grant Ownly a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content as necessary to provide and improve the Service.

3.2 Prohibited Content

You may not use the Service to create, distribute, or promote content that: is illegal or promotes illegal activity; violates third-party rights; contains hate speech or discrimination; promotes violence or harm; or is sexually explicit or exploitative. Ownly reserves the right to remove such content and terminate accounts in violation of this policy.

4. Limitation of Liability

4.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. OWNLY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OWNLY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

4.2 Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, OWNLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT.

4.3 Cap on Liability

EXCEPT AS REQUIRED BY LAW, OWNLY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO OWNLY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

4.4 Indemnification

You agree to indemnify, defend, and hold harmless Ownly and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

5. Intellectual Property Rights

The Service, including all software, design, graphics, text, and other materials, is owned by or licensed to Ownly and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose, subject to these Terms.

You may not reproduce, modify, distribute, or otherwise exploit the Service or its content without Ownly's prior written consent. Any unauthorized use of the Service's intellectual property may violate copyright, trademark, and other laws and could result in legal liability.

If you believe that any content on the Service infringes your intellectual property rights, please contact us immediately at admin@ownly1nce.com with details of the alleged infringement.

6. Payment and Billing

6.1 Fees and Payment

Certain features of the Service may require payment. You agree to pay all fees and charges that you incur. Pricing and billing terms are provided at the time of purchase. All payments must be made in accordance with the payment terms specified.

6.2 Billing Disputes

If you believe you have been incorrectly charged, you must contact us within thirty (30) days of the charge. Failure to notify us within this period constitutes acceptance of the charge.

6.3 Refund Policy

Refunds are subject to our refund policy as outlined in your service agreement. Requests for refunds must be submitted within the timeframe specified in your agreement. Ownly reserves the right to deny refund requests that do not comply with our refund policy.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.

You are responsible for maintaining the security of any data you store or transmit through the Service. Ownly is not responsible for unauthorized access to your data resulting from your failure to secure your account credentials or from your negligence.

We implement industry-standard security measures to protect your data; however, no security system is completely secure. You use the Service at your own risk and assume full responsibility for any data loss or unauthorized access.

8. Termination

Ownly may terminate or suspend your account and access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms, violation of applicable laws, or engagement in fraudulent or harmful activity.

Upon termination, your right to use the Service ceases immediately. Ownly may delete your account and associated data. Sections of these Terms that by their nature should survive termination, including Limitation of Liability and Indemnification, shall continue in effect after termination.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the jurisdiction in which Ownly is incorporated, without regard to its conflict of law principles.

9.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall first be addressed through informal negotiation. If negotiation fails, you agree to submit the dispute to binding arbitration rather than pursuing litigation in court. Arbitration shall be conducted in accordance with the rules of a mutually agreed-upon arbitration organization.

9.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action. You waive your right to participate in class actions against Ownly.

10. Modifications to the Service

Ownly reserves the right to modify, suspend, or discontinue the Service or any portion thereof at any time. We may also modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or through the Service. Your continued use of the Service following notification of changes constitutes your acceptance of the modified Terms.

We are not liable for any modifications to the Service or any loss of functionality or data resulting from such modifications. We are also not liable for any temporary or permanent discontinuation of the Service.

11. Contact Information

If you have any questions about these Terms of Service or need to report a violation, please contact us:

Response Time

We typically respond to inquiries within 24 hours

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Ownly regarding the Service and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral. No course of dealing or trade usage shall modify these Terms.

14. Waiver

The failure of Ownly to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Ownly.