Terms of Service

Introduction

Welcome to Owlery, an all in one logistics platform for brands and manufacturers. By accessing or using Owlery (the "Software"), you agree to comply with and be bound by these Terms ofService (the "Terms"). Please read these terms carefully. By registering for, accessing, browsing, and/or otherwise using the Software, you acknowledge that you have read, understood, and agree to be bound by these terms. Based on the feedback of users like you, the features and functionality of Owlery will evolve over time and therefore we reserve the right to change any of these terms and conditions at any time. This policy was last updated on August 14, 2022 and replaces any and all previous versions.

‍Use of Software

‍The right to access and use the Software is granted to you according to any agreements you have with Owlery Inc. This right is non-transferable and non-exclusive. You may not use the Software for any purpose other than as expressly permitted by Owlery. You may not: (a) reverse engineer, decompile, or disassemble the Software; (b) copy, modify, or create derivative works of the Software; (c) rent, lease, lend, sell, sublicense, or otherwise distribute the Software to any third party; (d) use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. Unauthorized use may result in termination of your access to the Software.

‍User Obligations

‍You agree to comply with these Terms, all applicable local, state, national, and international laws, rules, and regulations in connection with your use of the Software. If you create an account on the Software, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. You must not misuse the Software by knowingly introducing viruses, trojans, worms, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Software, the server on which the Software are stored, or any server, computer, or database connected to the Software. You agree to provide accurate, current, and complete information as required for the use of the Software. You agree not to falsely represent your identity or affiliation with any person or entity. You agree not to use the Software in any manner that could disable, overburden, damage, or impair the Software or interfere with any other party's use of the Software, including their ability to engage in real-time activities through the Software.

‍Privacy

Owlery takes the privacy of its customers very seriously. Owlery's Privacy Policy at https://owlery.ai/privacy-policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs Supplier’s collection, use, and disclosure of Client’s or User’s personal information.

‍Fees and Payments

‍Access to certain features and functionalities of the Software may require payment of subscription fees and/or transaction fees. These fees, along with any applicable taxes, will be disclosed to you prior to your purchase. All fees are non-refundable, except as required by law or as otherwise stated in these Terms. Fees may be billed on a one-time, monthly, or annual basis, as described at the time of purchase. If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment information provided, we reserve the right to revoke access to the Services. You may also be responsible for any costs associated with collecting unpaid fees, including legal and collection costs.

‍Third-Party Integrations

The Software leverages integrations with various third-party service providers you use. These integrations are meant to facilitate your use of the Software. By enabling integration with Third-PartyServices, you grant Owlery the right to share data and information necessary for the integration. You are responsible for ensuring that such sharing complies with applicable laws and regulations, including data privacy laws. Owlery is not responsible for any disclosure, modification, or deletion of your data, or for any corresponding losses or damages you may suffer, as a result of access by a Third-Party Service. Owlery makes no representation, warranty, or commitment regarding the availability, quality, safety, or reliability of Third-Party Services. While unlikely, Owlery may terminate or suspend any integration with a Third-Party Service at any time without notice, for any reason, including for any use of the integration in a manner that violates these Terms or applicable laws.

‍Intellectual Property

All intellectual property rights in the Software, the website and any documentation relating to the Software, and all titles, will remain the property of Owlery. Title to, and all intellectual property rights in the data you provide will remain your property. Your access to this information is contingent on payment in full of all fees to Owlery by their due dates. By accepting these terms you are granting Owlery permission to use, copy, transmit, store, and back up your information and data to ensure your access and use of the services, and for any other purpose related to the provision of services to you.

‍Disclaimers; No Warranty

‍THE SOFTWARE AND ALL CONTENT, MATERIALS,INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE"WITHOUT WARRANTY OF ANY KIND. OWLERY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Owlery does not guarantee the accuracy, completeness, or usefulness of theSoftware or any content therein. You rely on the Software at your own risk, and any reliance on the information and materials provided through the Software is strictly at your own risk. Owlery does not guarantee that the Software will be uninterrupted, timely, secure, or error-free. Maintenance, technical issues, or updates may result in temporary downtime or slow service.

Limitation of Liability

‍Owlery excludes, to the maximum extent permitted by law, all liability and responsibility to you in contract, tort, or otherwise, for any loss or damage resulting, directly or indirectly, from any use of, or reliance on, the service or website.

‍General

‍This Agreement constitutes the entire agreement between Owlery and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Owlery, or by the posting by Owlery of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California. If any part or provision of these terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this agreement will be binding on the parties. A person who is nota party to these terms, ie is not a customer of the Software, has no right to benefit under or to enforce any part of these terms of use.