Terms of Service

Last Updated: September 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "your"), and Otavite ("Otavite," "we," "us," or "our"), governing your access to and use of the otavite.info platform, including any associated software, application programming interfaces, dashboards, mobile applications, documentation, and hosted services made available at otavite.info or through any related Otavite (collectively, the "Service").

By creating an account, clicking to accept these Terms, executing an order form that references these Terms, or otherwise accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, in which case "you" refers to that entity.

Your use of the Service is also governed by our Privacy Policy and Cookie Policy, each incorporated herein by reference. In the event of a conflict between these Terms and a separately executed written agreement between you and Otavite (including, without limitation, an enterprise agreement or the terms available at terms-and-conditions.php), the separately executed agreement will control solely with respect to the subject matter it expressly governs.

1. Service Description

Otavite provides a cloud-based software-as-a-service platform designed to deliver the functionality described on our website, in our documentation, and in any applicable order form. The Service is provided on a subscription basis and may include hosted software, data processing and storage functionality, integrations with third-party services, application programming interfaces ("APIs"), and associated support services. Certain features may be designated as beta, preview, pilot, or early access ("Beta Features") and are provided for evaluation purposes only, may contain errors, may be modified or discontinued at any time, and are expressly excluded from any service-level commitments unless otherwise stated in writing.

The Service is made available on an "as available" and "as configured" basis. You are solely responsible for obtaining and maintaining all equipment, telecommunications, internet connectivity, and third-party software necessary to access the Service, and for ensuring that your systems meet the technical requirements we publish from time to time. We do not warrant that the Service will operate in combination with any particular third-party product, service, or configuration not expressly identified as supported in our documentation.

To the extent the Service or any transaction hereunder constitutes a transaction in goods, the Uniform Commercial Code (UCC) Article 2, as adopted by the applicable state, governs that transaction. To the extent a transaction is characterized as a computer information transaction in a jurisdiction that has adopted the Uniform Computer Information Transactions Act (UCITA) — currently Maryland, Virginia, and Louisiana — the provisions of that statute apply to the extent mandatory and not varied by these Terms. Nothing in this Section limits any non-waivable statutory right you may have.

We may make third-party services, integrations, or content available through the Service. Such third-party offerings are governed by their own terms and privacy practices, and Otavite is not responsible for the availability, accuracy, functionality, or legality of any third-party offering. Your use of a third-party integration constitutes a direct relationship between you and that third party, and you agree to comply with all applicable third-party terms.

2. User Accounts

To access most features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to promptly update such information to keep it accurate and complete. You may not select a username that infringes another party's rights, impersonates any person or entity, or is otherwise offensive, misleading, or unlawful.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to notify Otavite immediately at [email protected] upon becoming aware of any unauthorized access to or use of your account, credentials, or the Service. We are not liable for any loss or damage arising from your failure to safeguard your credentials or from unauthorized use of your account.

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, to create an account. The Service is not directed to children. 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 online from children under thirteen (13) years of age without verified parental consent, and we do not permit children under 13 to register for or use the Service. If we learn that a child under 13 has created an account, we will terminate that account and delete associated personal information to the extent required by law.

Where you administer an organizational account, you may provision sub-accounts and authorize additional end users ("Authorized Users"). You are responsible for all acts and omissions of your Authorized Users, for ensuring they comply with these Terms, and for all fees incurred under your account. We may suspend or terminate any sub-account that violates these Terms. You may not share account credentials among individuals except as expressly permitted through our multi-user functionality, and we reserve the right to verify account ownership and eligibility at any time.

3. Acceptable Use Policy

Subject to your compliance with these Terms and payment of all applicable fees, Otavite grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the applicable subscription term solely for your internal business or personal purposes in accordance with the documentation. All rights not expressly granted are reserved by Otavite and its licensors.

Your use of the Service must at all times comply with all applicable federal, state, local, and international laws, including the Federal Trade Commission Act § 5, 15 U.S.C. § 45 (prohibiting unfair or deceptive acts or practices), applicable anti-spam laws, export control and sanctions regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control and the Bureau of Industry and Security, and all data protection and privacy laws applicable to the data you submit. Where your use of the Service involves financial, payments, or protected health information, you are responsible for compliance with the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801–6809 (GLBA), and the Health Insurance Portability and Accountability Act (HIPAA) where applicable, including execution of any required business associate agreement.

We may establish and enforce reasonable usage limits, including storage, bandwidth, API call, and compute thresholds. We may monitor usage to detect abuse, ensure system integrity, and enforce these Terms, subject to the terms of our Privacy Policy. If your usage materially exceeds documented limits or threatens the stability of the Service, we may throttle usage, require an upgrade, or suspend access after notice where practicable.

You are responsible for ensuring that all individuals who access the Service through your account are aware of, and comply with, this Acceptable Use Policy. Any violation of this Section by any Authorized User will be deemed a violation by you.

4. Prohibited Activities

You agree that you will not, and will not permit any third party to, use the Service in any manner that is unlawful, harmful, or inconsistent with its intended purpose. Without limiting the foregoing, you shall not:

  • Violate any applicable law, regulation, ordinance, or third-party right, including intellectual property, privacy, publicity, or contractual rights;
  • Upload, transmit, or store content that is defamatory, harassing, abusive, fraudulent, obscene, hateful, or that constitutes child sexual abuse material or otherwise exploits minors;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, or algorithms of the Service, except to the extent such restriction is prohibited by law;
  • Access, probe, or test the vulnerability of the Service, or circumvent or attempt to circumvent any authentication, encryption, access control, rate limit, or other protective measure, except pursuant to a written penetration-testing authorization from Otavite;
  • Introduce viruses, worms, ransomware, spyware, or any other malicious or disabling code, or interfere with the integrity, performance, or availability of the Service or the data of other users;
  • Use automated means (including bots, crawlers, scrapers, or harvesting tools) to access the Service, extract data, or compile information about other users, except through our documented APIs and within applicable rate limits;
  • Send unsolicited bulk communications, engage in deceptive marketing, or use the Service to make misrepresentations regarding any product or service in violation of the Federal Trade Commission Act;
  • Resell, sublicense, time-share, or make the Service available to any third party as a service bureau, or use the Service to develop a competing product or service; or
  • Impersonate any person or entity, falsify header or identification information, or misrepresent your affiliation with any person or entity.

We reserve the right to investigate suspected violations, cooperate with law enforcement, and take any action we deem appropriate, including removing content, suspending or terminating accounts, and pursuing civil remedies. You acknowledge that violating this Section may cause irreparable harm to Otavite, and that we may seek injunctive relief in addition to any other remedy available at law or in equity.

5. Content Ownership

The Service, including all software, source code, object code, architecture, interfaces, designs, text, graphics, logos, trademarks, service marks, and documentation, is owned by Otavite, its affiliates, or its licensors and is protected by United States and international intellectual property laws. Except for the limited license expressly granted in these Terms, no rights, title, or interest in or to the Service are transferred to you, and all rights not expressly granted are reserved. You may not remove, obscure, or alter any copyright, trademark, or other proprietary notices.

You retain all right, title, and interest in and to the data, files, records, and materials that you upload, submit, or otherwise make available through the Service ("Customer Data"). You grant Otavite a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and create derivative works of Customer Data solely as necessary to provide, secure, maintain, and improve the Service, to comply with applicable law, and as otherwise described in our Privacy Policy. You represent and warrant that you have all rights necessary to grant this license and that your Customer Data does not infringe the rights of any third party.

If you provide comments, suggestions, ideas, or feedback regarding the Service, you grant Otavite a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such feedback without attribution or compensation. The Service may incorporate open source components licensed under their respective terms; where required, those terms govern the applicable component and are available upon request.

We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Notices of claimed infringement should be directed to Otavite at [email protected] or 1 Bush Street, San Francisco, CA 94104, United States, and must include the information required by law. We may remove or disable access to allegedly infringing material and terminate the accounts of repeat infringers.

6. User-Generated Content

The Service may allow you to create, upload, publish, or share content, including text, images, files, comments, and other materials ("User Content"). You are solely responsible for your User Content and the consequences of submitting, publishing, or transmitting it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the use of all User Content as contemplated by these Terms.

You grant Otavite a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display User Content solely to the extent necessary to operate, provide, and promote the Service and to the extent you have designated such content as publicly available. This license terminates with respect to content you delete, except to the extent the content has been shared with others who have not deleted it, has been backed up, or must be retained for legal, security, or compliance reasons.

We do not claim ownership of User Content and do not undertake any obligation to monitor, screen, or verify User Content. We nevertheless reserve the right, but not the obligation, to review, refuse, remove, or restrict access to any User Content that we determine, in our sole discretion, violates these Terms or applicable law. You acknowledge that the Service functions as an interactive computer service and that Otavite is not the publisher or speaker of User Content provided by you or other users.

You are solely responsible for maintaining independent backups of your User Content. While we may perform routine backups, we do not guarantee that any data will be recoverable, and we disclaim liability for any loss, corruption, or destruction of User Content except as expressly stated in a separately executed agreement. If your use of the Service involves the personal information of consumers, you are responsible for providing all required notices and honoring applicable rights under laws such as 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 others).

7. Payment Terms

Certain features of the Service are provided for a fee. All fees, billing frequencies, billing periods, and payment obligations are set forth in your order form, plan selection, or pricing page. Unless otherwise stated, fees are quoted and payable in U.S. dollars, are exclusive of all applicable taxes, levies, and duties, and are non-refundable except as expressly provided in these Terms or required by law. You are responsible for all sales, use, value-added, and similar taxes arising from your subscription, excluding taxes based on our net income.

Subscriptions renew automatically for successive terms equal to the initial term unless either party provides notice of non-renewal prior to the end of the then-current term. By subscribing, you expressly agree that we may charge your designated payment method on a recurring basis at the applicable interval. In accordance with the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401–8405 (ROSCA), and applicable state automatic renewal laws, we will clearly disclose all material terms of the recurring charge — including the amount, the billing frequency, and the cancellation policy — before obtaining your billing information, we will obtain your express informed consent before charging your payment method, and we will provide a simple mechanism for you to cancel your subscription and stop recurring charges.

Fees for renewal terms may be increased upon at least thirty (30) days' prior written notice, and continued use of the Service after the effective date of an increase constitutes your acceptance of the new fees. You authorize us and our third-party payment processors to charge all amounts due, and you agree to keep your payment information current. If a payment fails or is reversed, we may charge a late fee of up to 1.5% per month (or the maximum rate permitted by law, if lower) and may suspend or terminate your access to the Service after notice. You are responsible for any chargeback fees or collection costs reasonably incurred by us.

If we offer a free trial, the trial period and any conversion to a paid subscription will be disclosed at sign-up, and we will not charge you unless you provide affirmative consent. Sections 5, 7, 9, and 12 survive the expiration or termination of these Terms.

8. Service Modifications

We are continuously improving the Service and reserve the right to modify, update, enhance, or discontinue any feature, functionality, or component of the Service at any time. We may deploy updates, patches, and configuration changes automatically without notice where necessary for security, performance, or legal compliance. Such changes may alter the appearance, behavior, or availability of the Service, and you agree that such changes do not constitute a breach of these Terms.

If we intend to discontinue a material feature on which you reasonably depend, we will use commercially reasonable efforts to provide at least thirty (30) days' advance notice by email to the address associated with your account or by in-Service notification. We may immediately suspend or modify the Service where required by law, court order, or to address a security vulnerability, and will provide notice as soon as reasonably practicable in such circumstances.

We may also revise these Terms from time to time. Material changes will be communicated by posting the revised Terms with a new "Last Updated" date and, where the changes materially affect your rights or obligations, by providing notice via email or in-Service notification. Your continued use of the Service after the effective date of any revision constitutes acceptance of the revised Terms. If you do not agree to a revision, your sole remedy is to stop using the Service and, where applicable, to terminate your subscription in accordance with Section 10.

Scheduled maintenance may result in temporary unavailability of the Service. We will use commercially reasonable efforts to perform maintenance during off-peak hours and to provide advance notice of planned downtime. Any service-level commitments expressly agreed in writing are stated in your order form and do not apply to Beta Features, free-tier accounts, or outages caused by factors outside our reasonable control.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS, AND Otavite DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. Consistent with UCC § 2-316 as adopted in the applicable jurisdiction, all implied warranties are expressly excluded to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any data will be preserved without loss.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Otavite, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF Otavite ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES 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 ($100). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

You agree to defend, indemnify, and hold harmless Otavite and its affiliates, 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 access to or use of the Service, your Customer Data or User Content, your violation of these Terms, or your violation of any third-party right or applicable law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in such jurisdictions, the foregoing limitations apply to the fullest extent permitted by law, and nothing herein limits liability for gross negligence, willful misconduct, fraud, or any other liability that cannot be limited or excluded under applicable law.

10. Termination

These Terms remain in effect for as long as you maintain an account or use the Service. You may terminate your account at any time through your account settings or by contacting us at [email protected]. Termination is effective at the end of the then-current billing period, and you remain responsible for all fees accrued through the effective date of termination. Except as required by law or expressly stated in a separate agreement, fees paid are non-refundable.

We may suspend or terminate your access to the Service, in whole or in part, immediately and without liability, if: (a) you materially breach these Terms, including any obligation under Sections 3 or 4; (b) you fail to pay applicable fees when due; (c) we are required to do so by law or court order; (d) your continued use creates a security, legal, or operational risk to Otavite or other users; or (e) we discontinue the Service generally. Where practicable, we will provide notice and an opportunity to cure prior to termination for breach.

Upon termination, your license to use the Service ends immediately, and you must cease all access and use. We will make your Customer Data available for export for thirty (30) days following termination, after which we may delete or anonymize it in accordance with our retention practices and applicable law. You are responsible for exporting your data prior to termination. Notwithstanding any deletion, we may retain copies as required by law, to resolve disputes, to enforce our agreements, or in routine backups until purged in the ordinary course.

The following provisions survive termination: Section 4 (Prohibited Activities), Section 5 (Content Ownership), Section 6 (User-Generated Content, to the extent applicable), Section 7 (Payment Terms, with respect to accrued obligations), Section 9 (Limitation of Liability), Section 10 (Termination), Section 12 (Governing Law and Dispute Resolution), and any other provision that by its nature should survive.

11. Contact Information

If you have questions, concerns, or notices regarding these Terms or the Service, please contact us using the information below. Formal legal notices must be sent in writing to the address provided and are deemed given upon receipt or, if sent by email, upon confirmation of transmission.

  • Company: Otavite
  • Email: [email protected]
  • Phone: +13016622683
  • Address: 1 Bush Street, San Francisco, CA 94104, United States

Questions regarding privacy, data subject rights, or our handling of personal information should be directed to the same contact points and will be addressed in accordance with our Privacy Policy. Questions regarding cookies and tracking technologies are addressed in our Cookie Policy.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United States and the state in which Otavite is organized, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. To the extent the Uniform Commercial Code (UCC) Article 2 as adopted by the applicable state applies to any transaction, the parties agree it governs the sale of goods and related obligations hereunder.

Except as otherwise provided, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in the state in which Otavite is organized. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. You and Otavite each waive the right to a trial by jury and the right to participate in any class, collective, or representative action, to the maximum extent permitted by law.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights. You may opt out of the arbitration and class action waiver provisions by sending written notice to [email protected] within thirty (30) days of first accepting these Terms; opting out will not affect any other provision.

Nothing in this Section limits any non-waivable consumer rights you may have under applicable state or federal law, including rights under the state comprehensive privacy laws identified in Section 6 and the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), which may be enforced through the mechanisms those statutes provide.

13. Miscellaneous Provisions

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not constitute a waiver of that right or provision.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, reorganization, or sale of assets. These Terms, together with the Privacy Policy, Cookie Policy, and any applicable order form, constitute the entire agreement between you and Otavite regarding the Service and supersede all