otwayite.net

Terms and Conditions

Last Updated: September 2026

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Otwayite ("Company," "we," "us," or "our") governing your access to and use of the otwayite.net website, platform, software, application programming interfaces, and all related services (collectively, the "Service"). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By accessing, browsing, registering for, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy, each of which is incorporated herein by reference. Your acceptance may be manifested by clicking an "I Agree" or similar button, creating an account, executing an order form, or simply continuing to use the Service. If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Service.

You represent and warrant that you are at least eighteen (18) years of age, that you possess the legal capacity to enter into a binding contract, and that you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction. If you are using the Service on behalf of a company, partnership, or other legal entity, you represent that you have full authority to bind that entity, and references to "you" shall include that entity.

Certain features, modules, or professional services offered through the Service may be subject to supplemental terms, order forms, service-level commitments, or data processing addenda ("Additional Terms"). In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall control solely with respect to the subject matter to which they relate. These Terms, together with the Additional Terms and the policies incorporated by reference, constitute the entire agreement between you and Otwayite concerning the Service and supersede all prior or contemporaneous agreements, proposals, and communications, whether written or oral.

You consent to receive communications from us electronically, including notices, agreements, disclosures, and invoices, and you agree that such electronic communications satisfy any legal requirement that such communications be in writing. Your use of the Service is also subject to any applicable usage limits, technical requirements, and documentation published by Otwayite from time to time.

2. Use of Service

Subject to your compliance with these Terms, Otwayite grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your internal business or personal purposes, in accordance with the applicable documentation and any subscription tier you have purchased. All rights not expressly granted to you are reserved by Otwayite and its licensors.

To access certain features, you must register for an account. You agree to provide accurate, current, and complete registration information and to keep such information updated. You may not share account credentials, permit concurrent use of a single user license by multiple individuals, or use the Service to provide services to third parties unless expressly authorized in writing. We may suspend or refuse registration, or decline to provide the Service to any person or entity, at our sole discretion and without liability.

You shall not, and shall not permit any third party to:

  • Copy, modify, translate, adapt, or create derivative works of the Service or any portion thereof;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, model weights, algorithms, or underlying structure of the Service, except to the extent permitted by applicable law;
  • Rent, lease, lend, sell, resell, sublicense, distribute, or commercially exploit the Service or access thereto;
  • Use automated scripts, bots, crawlers, or scraping tools to access, extract, or index data from the Service, or circumvent any rate limits, access controls, or authentication mechanisms;
  • Introduce viruses, malware, or any other harmful code, or interfere with, disrupt, or impose an unreasonable load on the Service's infrastructure;
  • Use the Service to develop or train a competing product or service, or for benchmarking or competitive analysis purposes without our prior written consent;
  • Remove, obscure, or alter any copyright, trademark, or other proprietary notices displayed within the Service.

The Service may interoperate with or contain links to third-party applications, integrations, marketplaces, or websites. Such third-party services are governed by their own terms and privacy practices, and Otwayite is not responsible for their content, availability, security, or performance. Any enablement of a third-party integration is at your sole risk, and your use of such integration constitutes a direction to us to transmit applicable data to that third party.

We may offer evaluation, trial, beta, preview, or free-tier versions of the Service. Such offerings are provided for testing purposes only, may contain defects, may be modified or discontinued at any time without notice, and are provided without any warranty, indemnity, or service-level commitment. Any data submitted to a beta or preview environment may be deleted at our discretion.

3. User Obligations

You are solely responsible for maintaining the confidentiality of your account credentials, including passwords, API keys, and access tokens, and for all activities that occur under your account, whether or not authorized by you. You must notify Otwayite promptly at [email protected] of any unauthorized access, suspected breach of security, or loss of credentials. We shall not be liable for any loss or damage arising from your failure to safeguard your credentials.

You agree to use the Service in compliance with all applicable federal, state, and local laws, regulations, and ordinances, including without limitation laws governing data privacy, intellectual property, export controls, economic sanctions, anti-corruption, anti-money laundering, and consumer protection. You represent that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. trade sanctions, and that you are not listed on any U.S. government restricted party list.

You retain ownership of all data, text, files, images, code, prompts, and other materials you submit to, upload into, or process through the Service ("User Content"). You grant Otwayite a worldwide, non-exclusive, royalty-free, fully paid license to host, store, reproduce, process, transmit, and display User Content solely as necessary to provide, secure, maintain, and improve the Service, or as otherwise permitted by our Privacy Policy. You represent and warrant that you own or have obtained all rights necessary to grant this license, and that your User Content does not infringe, misappropriate, or violate the rights of any third party or any applicable law.

You further agree that you will not use the Service to transmit, generate, or store content that is defamatory, obscene, harassing, hateful, discriminatory, fraudulent, or unlawful; that contains sensitive personal data of third parties without lawful authority; or that is designed to circumvent safeguards, generate deceptive deepfakes, or facilitate the development of weapons, malware, or other harmful technologies. You are solely responsible for reviewing and validating all output generated by the Service before relying on it for any business, legal, financial, medical, or compliance decision.

We reserve the right, but assume no obligation, to monitor use of the Service for compliance with these Terms. We may investigate suspected violations and cooperate with law enforcement. Failure to enforce any provision of these Terms in one instance shall not constitute a waiver of our right to enforce that or any other provision in the future.

4. Intellectual Property Rights

The Service, including all software, source code, object code, architecture, user interfaces, designs, graphics, text, audiovisual content, documentation, machine learning models, algorithms, trade secrets, and know-how, and all intellectual property rights therein, are and shall remain the exclusive property of Otwayite and its licensors. These Terms do not convey to you any right, title, or interest in or to the Service other than the limited license expressly granted in Section 2, and no license or right is granted by implication, estoppel, or otherwise.

otwayite.net, the Otwayite name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Otwayite or its affiliates. You may not use such marks without our prior written permission. All other trademarks, service marks, and trade names referenced in the Service are the property of their respective owners and are used for identification purposes only.

If you submit suggestions, enhancement requests, feedback, recommendations, or other information about the Service ("Feedback"), you hereby assign to Otwayite all right, title, and interest in such Feedback and agree that we may use, disclose, reproduce, license, and otherwise exploit the Feedback without restriction, attribution, or compensation to you.

We respect the intellectual property rights of others. If you believe that any content available through the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent at [email protected], including the identification of the copyrighted work, the location of the allegedly infringing material, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the information is accurate, and your physical or electronic signature. We will respond to valid notices and may remove or disable access to the identified material and terminate the accounts of repeat infringers.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Otwayite, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR DATA USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF Otwayite AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO Otwayite 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 FOREGOING CAP SHALL APPLY IN THE AGGREGATE ACROSS ALL CLAIMS AND SHALL NOT BE ENLARGED BY THE FILING OF MULTIPLE CLAIMS.

The limitations and exclusions in this Section apply regardless of whether the alleged liability arises from breach of contract, breach of warranty, negligence, strict liability, or any other cause, and shall survive and continue to apply even if any limited remedy provided herein is found to have failed its essential purpose. You acknowledge and agree that these limitations reflect a reasonable and negotiated allocation of risk between the parties, form an essential basis of the bargain between the parties, and would not be the same absent these limitations.

Any claim or cause of action arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim or cause of action accrues, or such claim or cause of action shall be permanently barred, to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law, and nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, death, or personal injury caused by our negligence where such limitation is prohibited by law.

6. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Otwayite EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR ANY OUTPUT GENERATED THEREBY WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, RELIABILITY, AND PERFORMANCE OF THE SERVICE AND ANY OUTPUT OBTAINED THEREFORE.

Output generated through automated or artificial-intelligence-enabled features may be inaccurate, incomplete, biased, or otherwise unsuitable for your purposes. Otwayite does not guarantee the accuracy or originality of such output, does not endorse it, and shall have no liability arising from your use of or reliance upon it. The Service does not provide legal, tax, accounting, financial, medical, or other professional advice, and nothing in the Service should be construed as such advice.

The Service may contain content, data, or links provided by third parties. Otwayite does not control, monitor, endorse, or assume responsibility for any third-party content, services, or websites, and your interactions with third parties are solely between you and the applicable third party. We may modify, suspend, discontinue, or restrict access to any feature of the Service at any time without notice or liability.

7. Indemnification

You agree to defend, indemnify, and hold harmless Otwayite, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, actions, proceedings, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable attorneys' fees and costs of investigation and defense) arising out of or relating to: (i) your access to or use of the Service; (ii) your User Content; (iii) your breach or alleged breach of these Terms; (iv) your violation of any applicable law, regulation, or third-party right, including intellectual property, privacy, or publicity rights; or (v) your negligence or willful misconduct.

We will provide you with prompt written notice of any indemnifiable claim; provided, however, that our failure to provide prompt notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure. You shall have the right to assume control of the defense and settlement of the claim with counsel reasonably acceptable to us, provided that you may not settle any claim in a manner that imposes any liability, obligation, or admission of wrongdoing on any Indemnified Party without our prior written consent.

The Indemnified Parties may, at their own expense, participate in the defense of any claim with counsel of their own choosing. If you fail to promptly assume the defense of a claim, we may defend the claim at your expense, without waiving your indemnification obligations. Your obligation to indemnify any Indemnified Party shall be reduced to the extent the applicable losses were caused by that Indemnified Party's gross negligence or willful misconduct.

The indemnification obligations set forth in this Section are independent of, and shall not be limited by, any limitation of liability set forth in these Terms, and shall survive the termination or expiration of these Terms and your cessation of use of the Service.

8. Governing Law

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles or any rules that would cause the application of the laws of any other jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are expressly excluded from application to these Terms. The parties agree that the predominant purpose of these Terms is the provision of services and a license of intellectual property rights, not the sale of goods.

You agree to comply with all applicable U.S. export control and economic sanctions laws and regulations, including the Export Administration Regulations and the regulations administered by the Office of Foreign Assets Control. You represent and warrant that you are not located in a country subject to comprehensive U.S. sanctions, that you are not identified on any U.S. restricted party list, and that you will not use, export, re-export, or transfer the Service in violation of any such laws. Government users acquire the Service with only those rights granted to other end users under these Terms, consistent with 48 C.F.R. §§ 12.212 and 227.7202, as applicable.

The Service is operated from the United States and is intended for use within the United States. We make no representation that the Service or its content is appropriate or available for use in other locations, and access to the Service from jurisdictions where such access is illegal is prohibited.

9. Dispute Resolution

Informal Resolution. Before initiating any formal proceeding, you and Otwayite agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through informal negotiation. Either party may initiate this process by sending written notice to the other describing the dispute and the requested relief. The parties shall confer within thirty (30) days of such notice. This period may be extended by mutual written agreement.

Binding Arbitration. If the dispute is not resolved informally, it shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted by a single arbitrator, in the English language, at a location within the county in which Otwayite maintains its principal place of business, or by telephonic or videoconference means if the arbitrator so determines. The arbitrator's award shall be final and binding and may be entered and enforced in any court of competent jurisdiction. Each party shall bear its own attorneys' fees and costs unless otherwise awarded by the arbitrator under applicable law or the applicable AAA rules.

Class Action and Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Otwayite EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. All disputes shall be arbitrated or litigated on an individual basis only. If a court or arbitrator determines that this class action waiver is unenforceable as to any claim, then that claim shall proceed in court and not in arbitration, but the remainder of this Section shall remain in effect.

Exceptions and Opt-Out. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information, and either party may bring an individual claim in small claims court if it qualifies. You may opt out of this mandatory arbitration provision by sending written notice to [email protected] within thirty (30) days after you first accept these Terms, stating your name, account identifier, and a clear statement of your intent to opt out. Opting out will not affect any other provision of these Terms.

10. Termination

These Terms remain in effect for as long as you access or use the Service, unless earlier terminated in accordance with this Section. You may terminate these Terms at any time by ceasing all use of the Service and, if applicable, closing your account through the account settings or by contacting us at [email protected].

We may suspend, restrict, or terminate your access to the Service, in whole or in part, immediately and without prior notice, if we reasonably determine that you have breached these Terms, violated applicable law, created risk of harm or legal liability to Otwayite or any third party, failed to pay applicable fees, or if we are required to do so by law or by a governmental authority. We may also terminate the Service or any part thereof generally upon reasonable notice. Any fees prepaid for a terminated subscription period are non-refundable except as expressly required by applicable law or as set forth in a separate written agreement.

Upon termination or expiration, your license to use the Service immediately ceases, and you must cease all use of the Service and destroy or delete any downloaded materials, software, or documentation in your possession. We may, at our discretion, retain or delete User Content in accordance with our Privacy Policy and applicable law. You are solely responsible for exporting any User Content you wish to retain prior to termination; we have no obligation to retain User Content after termination.

Sections concerning Intellectual Property Rights, Limitation of Liability, Disclaimers, Indemnification, Governing Law, Dispute Resolution, General Provisions, and any other provisions that by their nature should survive termination shall survive the termination or expiration of these Terms and continue in full force and effect.

11. Changes to Terms

Otwayite reserves the right, in its sole discretion, to modify, amend, supplement, or replace these Terms at any time. Material changes will be effective upon the earlier of (i) thirty (30) days after we post the revised Terms on the Service or send notice to the email address associated with your account, or (ii) your affirmative acceptance of the revised Terms. Non-material changes, including corrections of typographical errors and clarifications that do not diminish your rights, may be effective immediately upon posting.

We will update the "Last Updated" date at the top of this page whenever these Terms are revised and will maintain a version history where practicable. It is your responsibility to review these Terms periodically. Your continued access to or use of the Service after the effective date of any revision constitutes your acceptance of the revised Terms.

If you do not agree with any modification, your sole and exclusive remedy is to stop using the Service and, where applicable, terminate your account before the effective date of the change. No modification to these Terms shall apply retroactively to any dispute arising from conduct occurring prior to the effective date of the modification, unless required by law.

No amendment or modification of these Terms by you shall be effective unless made in writing and signed by an authorized representative of Otwayite. No purchase order, click-through agreement, vendor portal term, or other document issued by you shall modify these Terms, and any such conflicting terms are hereby rejected.

12. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Service, please contact us using the information below. Legal notices must be in writing and are deemed given upon actual receipt, or three (3) business days after dispatch by certified mail, return receipt requested.

  • Company: Otwayite
  • Email: [email protected]
  • Phone: +12155550114
  • Address: 1608 Walnut Street, Suite 1105, Philadelphia, PA 19103, United States

Notices to you will be sent to the email address associated with your account or posted conspicuously within the Service, and are deemed delivered upon sending or posting. You are responsible for keeping your contact information current. Communications regarding copyright infringement claims should be directed to the attention of our designated DMCA agent at the email address listed above.

These Terms are drafted and executed in the English language, which shall be the controlling language of these Terms and any related notice or communication, regardless of any translation provided for convenience.

13. General Provisions

These Terms, together with the Privacy Policy, the Cookie Policy, and any Additional Terms, constitute the entire agreement between you and Otwayite and supersede all prior and contemporaneous understandings, agreements, representations, and warranties relating to the Service. You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent; any attempted assignment in violation of this provision is void. We may freely assign these Terms, including to an affiliate or in connection with a merger, acquisition,