Terms of Service

Welcome to oboe.chat! Your use of our services, including the services we make available through this website and all related web sites, mobile sites, data files, visualizations and applications which link to these terms of service (the "Site") and to all software or services offered by us in connection with any of those (collectively, the "Services"), is governed by these terms of service (the "Terms"), so please carefully read them before using the Services. For the purposes of these Terms, "we," "our," "us," and "oboe.chat" refer to the providers and operators of the Services.

In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will also refer to that organization, wherever possible.

You must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services.

You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by oboe.chat or any of its affiliates regarding future functionality or features.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND OBOE.CHAT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You must register an account with us (a "Customer Account") in order to use the Services. You agree to provide accurate and complete information in the creation of your Customer Account and agree to update this information with any changes. Your Customer Account is for your personal use only and you may not authorize others to use your account. You are responsible for ensuring that your access credentials are kept confidential and are not disclosed to any third party, and for all activity that occurs under your Customer Account. You agree to notify us immediately upon learning of any unauthorized access to your Customer Account or any other suspected security breach.

You will be able to upload, create, host, transmit, share, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as "User Content."

You are solely responsible for the development, content, and use of the User Content you upload to oboe.chat and you assume all risks associated with them, including intellectual property or other legal claims. By storing User Content with oboe.chat, you represent that you have all necessary rights to store, use and, if applicable, publicize that User Content, and that doing so does not conflict with, violate or misappropriate any third party legal rights, conflict with licenses you've granted to others, violate any applicable law or regulations, or any of our Terms.

You agree to immediately take down any User Content that violates these Terms, including pursuant to a takedown request from oboe.chat. oboe.chat doesn't actively monitor the User Content you upload, download or share. However, we reserve the right, in our sole discretion, to review and remove User Content and/or suspend your access to your account in the event we become aware that your use of our Services or User Content violate any of our Terms, or any applicable law and/or regulations.

By submitting, posting or otherwise uploading User Content on or through the Services you give oboe.chat a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content for the purpose of enabling oboe.chat to provide you with the Services.

Except as provided above, oboe.chat acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any User Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that User Content.

You acknowledge and agree that oboe.chat (and/or oboe.chat's licensors) own all legal right, title and interest in and to the Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws. Nothing in these Terms authorizes you to use any of oboe.chat's trademarks, logos, domain names, or other distinctive brand features except as otherwise permitted by law.

oboe.chat gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services solely in the manner permitted by these Terms.

You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof; or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.

You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

You may not rent, lease, provide access to or sublicense any elements of the Services to a third party or use the Services on behalf of or to provide services to third parties.

You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.

You may not access the Services for the purpose of bringing an intellectual property infringement claim against oboe.chat or for the purpose of creating a product or service competitive with the Services. You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, "scrape," "data mine" or in any way gather Content from the Services.

You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party; (iii) attempts to mislead others about your identity or the origin of a message or other communication; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; or (vi) violates any law, statute, ordinance, or regulation.

Subject to the Terms, the Services are provided to you without charge up to certain usage limits, and usage in excess of these limits may require purchase of additional resources and the payment of fees. Please see oboe.chat's settings page for more details regarding pricing for the Services.

If you are a consumer located in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason. However, by purchasing and using the Services, you expressly agree and acknowledge that the Services consist of the supply of digital content which is not supplied on a tangible medium, and you hereby expressly consent to the immediate performance of the contract and acknowledge that you will lose your right of withdrawal from the contract once the performance has been fully carried out.

By accepting these Terms and purchasing the Services, you explicitly request that oboe.chat begin the performance of the Services before the end of the 14-day withdrawal period. You acknowledge that once the performance of the Services has begun, you will lose your right to withdraw from the contract in accordance with Article 16(m) of Directive 2011/83/EU of the European Parliament and of the Council.

These Services are provided in accordance with our Privacy Policy. You agree to the use of your User Content and personal information in accordance with these Terms and oboe.chat's Privacy Policy.

You agree to protect the privacy and legal rights of your Authorized Users and any end users or third parties involved in the creation of your User Content. To the extent that your User Content and/or use of the Services requires compliance with specialized data privacy laws (e.g. FERPA, COPPA, HIPAA, etc.), you understand and agree that you are solely responsible for compliance with such laws.

oboe.chat is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which oboe.chat provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements.

You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.

You agree that oboe.chat, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that oboe.chat will not be liable to you or any third party for such termination.

You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account for our convenience, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.

We sometimes release products and features that we're still testing and evaluating ("Beta Services"). Beta Services are labeled "alpha," "beta," "preview," "early access," or "evaluation" (or with words or phrases with similar meanings) and may not be as reliable as oboe.chat's other services. Accordingly, use of any Beta Services is completely voluntary and at your sole risk. The Beta Services are provided on an "as is" basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device.

These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

OBOE.CHAT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OBOE.CHAT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.

SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OBOE.CHAT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

IN NO EVENT SHALL OBOE.CHAT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

You agree to hold harmless and indemnify oboe.chat, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent.

To submit a DMCA Notice of Alleged Infringement, please identify the copyrighted work that you claim has been infringed, identify the material or link you claim is infringing, provide your contact information, include a good faith belief statement, and provide your full legal name and electronic or physical signature.

Deliver this Notice to our Designated Copyright Agent at: support@oboe.chat

You may be able to access or use third party websites, resources, content, communications or information ("Third Party Materials") via the Services. You acknowledge sole responsibility for and assume all risk arising from your access to, reliance upon or use of any such Third Party Materials and oboe.chat disclaims any liability that you may incur arising from access to, reliance upon or use of such Third Party Materials via the Services.

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place oboe.chat under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you.

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Except for small claims disputes in which you or oboe.chat seek to bring an individual action in small claims court or claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services shall be finally settled by binding arbitration under the Federal Arbitration Act (9 U.S.C. §§ 1-307) by one (1) arbitrator.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND OBOE.CHAT, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing us at support@oboe.chat.

These Terms, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: support@oboe.chat

When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.