Terms and Conditions
Last Updated: September 2026
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Otavite ("Company," "we," "us," or "our") governing your access to and use of the otavite.info software-as-a-service platform, applications, application programming interfaces, and all related content, features, and functionality made available at otavite.info and any subOtavites thereof (collectively, the "Service"). Please read these Terms carefully before using the Service. By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, each of which is incorporated herein by reference.
1. Acceptance of Terms
Your access to or use of the Service constitutes your acceptance of these Terms. If you are entering into these Terms on behalf of a company, partnership, governmental entity, or other legal organization, you represent and warrant that you have the legal authority to bind that entity, and "you" shall refer to that entity. If you do not have such authority, or if you do not agree with any provision of these Terms, you must not access or use the Service.
You represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, and that you possess the legal capacity to enter into a binding contract. The Service is not directed to, and is not intended for use by, children under the age of thirteen (13). In accordance with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 (COPPA), and the COPPA Rule as amended effective June 2025 (16 C.F.R. Part 312, 2025 amendments), we do not knowingly collect personal information from children under thirteen (13). If you become aware that a child under thirteen has provided information to the Service, please contact us immediately at [email protected].
These Terms apply to all visitors, registered users, and others who access the Service, including users of any free trial, freemium tier, evaluation license, or paid subscription plan. Certain features of the Service may be subject to supplementary terms, including Terms of Service, acceptable use policies, service-level commitments, or order forms executed between you and Otavite. In the event of a direct conflict between these Terms and a mutually executed written agreement, the executed agreement shall control solely with respect to that conflict.
2. Use of Service
2.1 Limited License Grant
Subject to your continued compliance with these Terms and payment of all applicable fees, Otavite grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during the applicable subscription term solely for your internal business or personal purposes. You acquire no ownership interest in the Service, and all rights not expressly granted herein are reserved by Otavite and its licensors. To the extent that any portion of the Service constitutes software licensed rather than sold, this license is governed by these Terms and, in jurisdictions that have adopted the Uniform Computer Information Transactions Act (UCITA, adopted only in Maryland, Virginia, and Louisiana), by the applicable provisions of UCITA to the extent mandatory.
2.2 Account Registration and Security
To access certain features, you must create an account and provide accurate, current, and complete registration information. You are solely responsible for maintaining the confidentiality of your account credentials, for all activities that occur under your account, and for promptly notifying Otavite of any unauthorized use or suspected security breach. We may suspend or terminate accounts that we reasonably determine have been compromised or used in violation of these Terms.
2.3 Prohibited Conduct
You shall not, and shall not permit any third party to:
- reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying structure of the Service, except to the extent such restriction is prohibited by applicable law;
- copy, modify, distribute, sell, resell, sublicense, lease, or otherwise commercially exploit the Service or any portion thereof;
- use the Service to transmit unlawful, defamatory, obscene, harassing, or infringing content, or to violate any applicable federal, state, or local law, including the Federal Trade Commission Act § 5, 15 U.S.C. § 45;
- interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service, its servers, networks, or related systems;
- use automated scripts, scrapers, bots, or similar mechanisms to harvest data from the Service without our prior written consent; or
- use the Service in any manner that violates export control laws, sanctions regulations, or the intellectual property or privacy rights of any third party.
2.4 Subscriptions, Billing, and Automatic Renewal
Paid subscriptions renew automatically at the end of each billing period unless cancelled prior to the renewal date. In accordance with the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA), we will clearly and conspicuously disclose all material terms of any recurring charge — including the amount, frequency, and cancellation method — and will obtain your express informed consent before charging your payment method. You may cancel at any time through your account settings or by contacting [email protected]. Fees are stated in U.S. dollars and are exclusive of applicable taxes. Except as expressly required by law or stated in a separate written agreement, all fees are non-refundable.
3. User Obligations
You are responsible for all content, data, text, files, and materials that you upload, submit, or transmit through the Service ("User Content"). You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Otavite to process all User Content, and that such User Content does not infringe, misappropriate, or violate any third-party right, including any intellectual property, privacy, or publicity right.
You agree to use the Service only in compliance with all applicable laws, regulations, and industry standards, including the Health Insurance Portability and Accountability Act (HIPAA) where applicable, the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 (GLBA) where applicable to financial institutions, and all applicable state consumer privacy statutes. You further agree to implement reasonable administrative, technical, and physical safeguards to protect any credentials and personal information in your possession.
You are responsible for the acts and omissions of your employees, contractors, agents, and end users who access the Service under your account, and you shall ensure that such persons comply with these Terms. Any breach of these Terms by such persons shall constitute a breach by you.
You agree to provide accurate billing and contact information and to promptly update such information. You acknowledge that Otavite may rely on the information you provide for all notices, invoicing, and security communications, and that you bear responsibility for any failure to receive notices due to inaccurate information.
4. Intellectual Property Rights
The Service, including all software, source code, object code, algorithms, user interfaces, designs, text, graphics, logos, trademarks, service marks, and the compilation and arrangement thereof, is owned by Otavite or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. All rights, title, and interest in and to the Service remain with Otavite and its licensors. No rights are granted except as expressly set forth in these Terms.
otavite.info, the otavite.info logo, and all related names, logos, product names, and slogans are trademarks of Otavite. You may not use any such marks without our prior written permission. All other trademarks, service marks, and trade names referenced in the Service are the property of their respective owners.
You retain all rights in your User Content. By submitting User Content, you grant Otavite a worldwide, non-exclusive, royalty-free, fully paid license to host, store, reproduce, process, transmit, and display such User Content solely as necessary to provide, maintain, secure, and improve the Service, to comply with legal obligations, and to enforce these Terms. This license terminates when your User Content is deleted from the Service, except for residual copies retained in backups or as required by law.
If you choose to provide feedback, suggestions, or ideas regarding the Service, you grant Otavite a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution to you. You agree not to submit any feedback that you consider confidential or proprietary.
We respect the intellectual property rights of others and will respond to notices of alleged infringement under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. Notices of claimed infringement should be sent to [email protected] with the subject line "DMCA Notice" and must include all information required by 17 U.S.C. § 512(c)(3).
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE UNIFORM COMMERCIAL CODE (UCC) ARTICLE 2 AS ADOPTED BY THE STATES, IN NO EVENT SHALL Otavite, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF Otavite ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO Otavite FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE FOREGOING CAP SHALL APPLY IN THE AGGREGATE ACROSS ALL CLAIMS AND SHALL NOT BE ENLARGED BY THE EXISTENCE OF MULTIPLE CLAIMS.
The limitations and exclusions in this Section apply regardless of whether any limited remedy is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the foregoing limitations may not apply to you. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.
You acknowledge that the fees charged by Otavite reflect the allocation of risk set forth in these Terms and that Otavite would not enter into these Terms without these limitations. Nothing in this Section limits any liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by our negligence.
6. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Otavite EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Otavite DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICE AND ANY RELIANCE ON ITS OUTPUT.
The Service may contain links to or integrations with third-party websites, products, or services. Otavite does not control and is not responsible for the content, privacy practices, or performance of any third-party offering. Your use of any third-party service is governed by that third party's terms, and you access such services at your own risk.
To the extent the Service processes regulated data, you are solely responsible for determining whether the Service is appropriate for your regulatory environment and for obtaining any consents or providing any notices required by applicable law, including the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), the Colorado Privacy Act (C.R.S. § 6-1-1300 et seq.), the Connecticut Data Privacy Act (Conn. Gen. Stat. § 42-515 et seq.), the Utah Consumer Privacy Act (Utah Code § 13-11-101 et seq.), and other state comprehensive privacy laws (Texas, Oregon, Montana, Florida, Tennessee, and similar statutes).
7. Indemnification
You agree to defend, indemnify, and hold harmless Otavite, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, actions, suits, proceedings, demands, liabilities, damages, losses, judgments, settlements, fines, penalties, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your breach or alleged breach of these Terms; (d) your violation of any applicable law, regulation, or third-party right, including intellectual property, privacy, or contractual rights; or (e) the acts or omissions of any person accessing the Service under your account.
Otavite shall provide you with prompt written notice of any claim subject to indemnification, shall cooperate reasonably with you in the defense of such claim at your expense, and shall have the right, at its option, to participate in the defense with counsel of its own choosing. You shall not settle any claim in a manner that imposes any admission of liability or any non-monetary obligation on Otavite without our prior written consent.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense of such matter. The indemnification obligations in this Section shall survive termination of these Terms and your cessation of use of the Service.
8. Governing Law
These Terms, and any dispute or claim arising out of or relating to them or the Service, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles, and without application of the United Nations Convention on Contracts for the International Sale of Goods. If your principal place of business or residence is elsewhere, mandatory consumer protection provisions of your local jurisdiction may apply notwithstanding this choice of law.
The parties acknowledge that the Service involves interstate commerce and that the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of the arbitration provisions in Section 9. Where the Uniform Commercial Code Article 2 as adopted by the states applies to any transaction in goods under these Terms, it shall govern to the extent applicable and not inconsistent with these Terms.
The parties agree that any judicial proceeding permitted under these Terms shall be brought exclusively in the state or federal courts located in the State of Delaware, and each party consents to the personal jurisdiction and venue of such courts. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
9. Dispute Resolution
9.1 Informal Resolution
Before initiating any formal proceeding, you and Otavite agree to attempt in good faith to resolve any dispute arising out of or relating to these Terms or the Service through informal negotiation. Either party may initiate this process by sending written notice to the other describing the dispute, the relief sought, and the factual basis for the claim. The parties shall confer for a period of thirty (30) days from the date of notice. Notices to Otavite shall be sent to 1 Bush Street, San Francisco, CA 94104, United States and [email protected].
9.2 Binding Arbitration
Except as provided in Section 9.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration shall be conducted in the State of Delaware, or at such other location as the parties mutually agree. The arbitrator shall have authority to award any relief available in court, and the award shall be final and enforceable in any court of competent jurisdiction.
9.3 Class Action and Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Otavite EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.
9.4 Exceptions and Opt-Out
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdiction, and either party may seek injunctive relief in court to prevent the actual or threatened infringement of intellectual property rights. You may opt out of the arbitration agreement by sending written notice to Otavite at 1 Bush Street, San Francisco, CA 94104, United States within thirty (30) days after you first accept these Terms, stating your name, account information, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
10. Termination
These Terms remain in effect while you access or use the Service. You may terminate your account at any time by following the cancellation procedures in your account settings or by contacting [email protected]. Termination of a paid subscription does not entitle you to a refund of prepaid fees except as expressly provided herein or required by applicable law, including ROSCA, 15 U.S.C. §§ 8401-8405.
Otavite may suspend or terminate your access to the Service, in whole or in part, immediately and without notice, if you materially breach these Terms, fail to pay applicable fees, engage in conduct that creates risk of legal liability for Otavite or harm to other users, or if we are required to do so by law. We may also terminate the Service or any feature thereof upon reasonable notice to you.
Upon termination, your license to use the Service terminates immediately, and you must cease all use of the Service. We will make your User Content available for export for a period of thirty (30) days following termination, after which we may delete it in accordance with our data retention practices and applicable law. Sections concerning intellectual property, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and any other provisions that by their nature should survive termination shall survive.
If Otavite terminates your account without cause, we will refund any prepaid, unused fees on a pro rata basis. If we terminate your account for cause, no refund will be provided.
11. Changes to Terms
Otavite reserves the right to modify, amend, or replace these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service, updating the "Last Updated" date, and, where required by law or where the changes materially affect your rights, by sending notice to the email address associated with your account. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms.
If you do not agree to any modification, you must stop using the Service and, if applicable, cancel your subscription before the effective date of the change. Modifications will not apply retroactively to disputes arising before the effective date, and we will not alter the arbitration provisions in Section 9 without providing you with an opportunity to opt out as described therein.
We may also update, modify, or discontinue features of the Service from time to time. Where a change materially reduces the core functionality of a paid subscription, we will provide reasonable advance notice and, at your option, a pro rata refund of prepaid fees for the affected period.
12. Contact Information
If you have any questions, concerns, or complaints regarding these Terms or the Service, please contact us using the details below. We will make reasonable efforts to respond to all inquiries within a reasonable timeframe.
- Company: Otavite
- Email: [email protected]
- Phone: +13016622683
- Address: 1 Bush Street, San Francisco, CA 94104, United States
For legal notices relating to these Terms, including DMCA notices and arbitration opt-out requests, please use the address above and include a clear subject line identifying the nature of the notice. Notices shall be deemed effective upon actual receipt, or three (3) business days after deposit with a nationally recognized courier service, whichever occurs first.
These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Terms of Service, constitute the entire agreement between you and Otavite regarding the Service and supersede all prior or contemporaneous agreements, understandings, and representations, whether written or oral. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.