Terms of Service

Last updated: December 4, 2023

By using Ottava software, products, services or ottava.io web site ("Service"), or any other services of Potix Corporation ("Potix", "We", or "Us"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"), together with our Privacy Policy. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

Please note that if you are accessing any Potix service in your capacity as a government entity, there are special terms that may apply to you. Please see Section D. 21, below, for more details.

If Potix makes material changes to these Terms, we will notify you by email or by posting a notice on our site. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://ottava.io/terms

Violation of any of the Terms of Service herein will result in the termination of your Account. While Potix prohibits the conduct and Content which violate the Terms of Service on the Service, you understand and agree that Potix cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk. For avoidance of doubt, the “Content” herein means the information, material, or anything else including but not limited to personal profile, Ottava apps and communications uploaded and/or posted by users on the Service.

  1. Account Terms

    1. You must be 13 years or older to use this Service.
    2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
    3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. It is your responsibility to keep your email address reachable and make sure the email address correct in order for Potix to send you important emails and notifications regarding to your account.
    4. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
    5. You are responsible for maintaining the security of your account and password. Potix cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
    6. You are responsible for all Content posted and activity under your account (even when Content is posted by others who have accounts under your account).
    7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

  2. Cancellation and Termination

    1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account Settings link in the universal navigation bar at the top of the screen. The Account Settings screen provides a simple cancellation link.
    2. All of your Content will be immediately deleted from the Service upon cancellation. Your Content can not be recovered once your account is cancelled.
    3. Potix, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Potix service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Potix reserves the right to refuse service to anyone for any reason at any time.
    4. You agree that the clauses of payment obligations, warranty disclaimers, indemnities, limitations of liability, copyright and General Conditions under this Agreement will survive expiration or termination of this Agreement.

  3. Copyright and Content Ownership

    1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your Ottava apps, workspaces, or Content to be viewed publicly, you agree to allow others to view your Ottava apps, workspaces or Content.
    2. Potix does not pre-screen Content, but Potix and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
    3. You shall defend Potix against any claim, demand, suit or proceeding made or brought against Potix by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Potix for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Potix in connection with any such claim, demand, suit or proceeding; provided, that Potix (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding without Potix’s prior written permission or approval (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Potix of all liability); and (c) provides to You all reasonable assistance, at Your expense.
    4. The look and feel of the Service is copyright of Potix Corporation. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Potix.

  4. General Conditions

    1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
    2. Support for Potix services is only available in English, via email.
    3. You understand that Potix uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
    4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Potix, or any other Potix service.
    5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Potix.
    6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
    7. Verbal, physical, written or other kinds of abuse (including threats of abuse or retribution) of any Potix customer, employee, member, or officer will result in immediate account termination.
    8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    9. A high speed Internet connection is required for proper transmission of the Service. You are responsible for procuring and maintaining the network connections that connect your network to the Service, including, but not limited to, “browser” software that supports protocols used by Potix, including Secure Socket Layer (SSL) protocol or other protocols accepted by Potix, and to follow procedures for accessing services that support such protocols. We are not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data, including your Content, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Potix. We assume no responsibility for the reliability or performance of any connections as described in this section.
    10. You agree that Potix shall have the right to access your Account and to use, modify, reproduce, distribute, display and disclose your Content solely to the extent necessary to provide the Service, including, without limitation, in response to your support requests. Potix may also access or disclose information about you, your Account, including your Content, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect Potix’s or its users’ or partners’ rights or property, including enforcement of these Terms of Service or other policies associated with the Service; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.
    11. We collect certain information about you as well as your respective devices, computers and use of the Service. Our use, disclosure, and protection of this information are subject to our Privacy Policy.
    12. If you connect to Potix with a third-party service, you give us permission to access and use your information from that service as permitted by that service.
    13. You agree that Potix may identify you and/or the company or legal entity you represent as a user, including by making reference thereto on the Potix web site.
    14. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
    15. You must not transmit any worms or viruses or any code of a destructive nature.
    16. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Potix) of other Potix users, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
    17. Potix does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
    18. You expressly understand and agree that Potix shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Potix has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
    19. The failure of Potix to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Potix and govern your use of the Service, superseding any prior agreements between you and Potix (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Taiwan law.
    20. Questions about the Terms of Service should be sent to feedback@ottava.io.
    21. If you are a U.S. government user or otherwise accessing or using any Potix Service in a U.S. government capacity, this Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, this Service is licensed to you with only those rights as provided under the terms and conditions of these Terms.