Terms and Conditions
These Standard Terms and Conditions written on this webpage shall manage your use of this Website and Oathtrack mobile applications. These Terms will be applied fully and affect to your use of Oathtrack and Oathtrack mobile applications. By using Oathtrack (website and mobile applications), you agreed to accept all terms and conditions written in here. You must not use Oathtrack if you disagree with any of these Standard Terms and Conditions.
Who is “Customer”?
“Customer” is the organization that you represent in agreeing to the Contract. If your account is being set up by someone who is not formally affiliated with an organization, Customer is the individual creating the account. For example, if you signed up using a personal email address and invited a couple of friends to work on a new startup idea but haven't formed a company yet, you are the Customer. If you signed up for a plan using your corporate email domain, your organization is Customer, and Customer can modify and re-assign roles on your account (including your role) and otherwise exercise its rights under the Contract. If Customer elects to replace you as the representative with ultimate authority for the account, we will provide you with notice following such election and you agree to take any actions reasonably requested by us or Customer to facilitate the transfer of authority to a new representative of Customer.
- Intellectual Property Rights
Other than the content you own, under these Terms, Oathtrack and/or its licensors own all the intellectual property rights and materials contained in Oathtrack.
You are granted limited license only for purposes of viewing the material contained on Oathtrack.
You are specifically restricted from all of the following
- publishing any Oathtrack material in any other media;
- selling, sublicensing and/or otherwise commercializing any Oathtrack material;
- publicly performing and/or showing any Oathtrack material;
- using Oathtrack in any way that is or may be damaging to Oathtrack;
- using Oathtrack in any way that impacts user access to Oathtrack;
- using Oathtrack contrary to applicable laws and regulations, or in any way may cause harm to Oathtrack, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Oathtrack;
- using Oathtrack to engage in any advertising or marketing.
Certain areas of Oathtrack are restricted from being accessed by you and Oathtrack may further restrict access by you to any areas of Oathtrack, at any time, in absolute discretion. Any user ID and password you may have for Oathtrack are confidential and you must maintain confidentiality as well.
- Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on Oathtrack. By displaying Your Content, you grant Oathtrack a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Oathtrack reserves the right to remove any of Your Content from Oathtrack at any time without notice.
- No warranties
Oathtrack is provided “as is,” with all faults, and Oathtrack express no representations or warranties, of any kind related to Oathtrack or the materials contained on Oathtrack. Also, nothing contained on Oathtrack shall be interpreted as advising you.
- Paid Accounts
Billing. After your initial 30-day free trial, you may subscribe to continue using your account (turning your account into a “Paid Account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws. If we agree to invoice Customer by email, full payment must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, Customer will reimburse us for such withholding tax.
Cancellation. You may cancel your Oathtrack Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you’re on an Oathtrack "Paid Account", the initial user that signed up, also known as the "Account Admin" or "Account Owner", may be able to upgrade or downgrade your account at any time. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.
Changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We’ll give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.
- Feedback is Welcome
The more suggestions our customers make, the better the Services become. If Customer sends us any feedback or suggestions regarding the Services, there is a chance we will use it, so Customer grants us (for itself and all of its Authorized Users and other Customer personnel) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer, any Authorized User or other Customer personnel. If we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless.
- Limitation of liability
In no event shall Oathtrack, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website or Oathtrack Mobile Apps whether such liability is under contract. Oathtrack, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of Oathtrack.
You hereby indemnify to the fullest extent Oathtrack from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
- Variation of Terms
Oathtrack is permitted to revise these Terms at any time as it sees fit, and by using Oathtrack you are expected to review these Terms on a regular basis.
Oathtrack is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
- Entire Agreement
These Terms constitute the entire agreement between Oathtrack and you in relation to your use of Oathtrack, and supersede all prior agreements and understandings.
- Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Pennsylvania, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Pennsylvania for the resolution of any disputes.