otwayite.net

Terms of Service

Last Updated: September 2026

Welcome to otwayite.net. These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("you," "your," "User") and Otwayite ("Company," "we," "us," "our") governing your access to and use of the otwayite.net software-as-a-service platform, including all associated web applications, application programming interfaces, mobile interfaces, dashboards, documentation, and related services (collectively, the "Service").

BY ACCESSING, REGISTERING FOR, OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICE. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and "you" shall refer to that entity.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-Service notice at least thirty (30) days prior to taking effect, where practicable. Your continued use of the Service following the effective date constitutes acceptance of the revised Terms.

1. Service Description

Otwayite provides a cloud-based software platform delivered on a subscription basis. The Service may include, without limitation, hosted application functionality, data processing and storage, integrations with third-party systems, analytics, reporting tools, technical documentation, and customer support. The specific features, usage limits, and service tiers applicable to you are set forth in your order form, subscription plan, or account settings.

The Service is provided on a hosted, multi-tenant basis and is accessible via supported web browsers and devices. While we strive for high availability, the Service may be subject to scheduled maintenance, emergency repairs, and interruptions beyond our reasonable control. Any service level commitments, uptime targets, or support response times are only binding if expressly stated in a separate written Service Level Agreement executed by both parties.

The Service is intended for business and professional use. It is not designed for, and must not be used in, any application where failure or delay could result in death, personal injury, or severe physical or environmental damage, including without limitation medical devices, emergency response systems, aircraft navigation, or nuclear facilities.

We may engage subcontractors, subprocessors, and third-party service providers to deliver the Service. We remain responsible for the performance of the Service in accordance with these Terms, but we do not warrant the availability, accuracy, or performance of any third-party product, integration, or data source.

2. User Accounts

To access most features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to promptly update such information. Each account is personal to the registered user or entity, and you may not share login credentials with any third party except your authorized employees and contractors who require access for legitimate business purposes.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You must notify Otwayite immediately at [email protected] upon becoming aware of any unauthorized access, credential compromise, or security incident affecting your account.

Administrators may grant, modify, or revoke access permissions for end users within their organization. The account administrator is responsible for all end-user compliance with these Terms. We are not liable for any loss or damage arising from your failure to safeguard credentials or from administrative actions taken within your organization.

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to create an account. Accounts may not be registered by automated means or for the purpose of impersonating another person or entity.

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms, all applicable federal, state, and local laws, and any documentation or usage guidelines we publish. You are responsible for ensuring that your use of the Service, and any data you submit, complies with all laws applicable to you, including laws governing data privacy, export control, electronic communications, and intellectual property.

You may not use the Service to store, transmit, or process content that is unlawful, defamatory, harassing, obscene, infringing, or that contains malicious code. You may not attempt to probe, scan, or test the vulnerability of the Service, breach any security or authentication measure, or interfere with the proper working of the Service or any network connected to it.

You are responsible for obtaining and maintaining all equipment, software, and connectivity necessary to access the Service, and for all fees associated with such access. We reserve the right to investigate suspected violations and to cooperate with law enforcement authorities in prosecuting Users who violate applicable law.

4. Prohibited Activities

Without limiting the generality of Section 3, you expressly agree not to engage in any of the following activities:

  • Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, underlying algorithms, or structure of the Service, except to the extent such restriction is prohibited by applicable law.
  • Copying, reproducing, distributing, selling, reselling, sublicensing, renting, leasing, or otherwise commercially exploiting the Service or any portion thereof without our prior written consent.
  • Using automated scripts, bots, scrapers, crawlers, or similar mechanisms to access, harvest, or extract data from the Service in a manner that exceeds reasonable use or imposes disproportionate load on our infrastructure.
  • Circumventing or attempting to circumvent usage limits, subscription tier restrictions, rate limits, authentication controls, or billing mechanisms.
  • Uploading or transmitting viruses, worms, Trojan horses, ransomware, spyware, or any other harmful or disruptive code or material.
  • Engaging in fraudulent, deceptive, or misleading conduct, including misrepresenting your identity, affiliation, or the origin of any data or communication.
  • Violating the rights of any third party, including intellectual property rights, privacy rights, publicity rights, or contractual rights.
  • Using the Service to develop or operate a competing product or service, or to benchmark the Service for publication without our written consent.
  • Removing, obscuring, or altering any copyright, trademark, or other proprietary notices contained in or displayed by the Service.

Violation of this Section may result in immediate suspension or termination of your account, in addition to any other remedies available to us.

5. Content Ownership

The Service, including all software, source code, object code, architecture, user interfaces, designs, graphics, text, documentation, and trade secrets, is and shall remain the exclusive property of Otwayite and its licensors. The Service is licensed, not sold, and these Terms grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service solely in accordance with these Terms and your applicable subscription plan.

All trademarks, service marks, logos, and trade names displayed in connection with the Service are the property of Otwayite or their respective owners. No license or right to use any trademark or logo is granted by implication, estoppel, or otherwise.

You retain all right, title, and interest in and to any data, files, records, or materials that you upload, submit, or transmit to the Service ("Customer Data"). You hereby grant Otwayite a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, process, transmit, reproduce, and display Customer Data solely as necessary to provide, secure, maintain, and improve the Service and as otherwise described in our Privacy Policy.

We may collect and use aggregated, de-identified, and anonymized information derived from your use of the Service ("Usage Data") to operate, analyze, benchmark, and improve the Service and to develop new products and features, provided that such Usage Data does not identify you or your customers and does not incorporate your confidential information.

6. User-Generated Content

The Service may permit you to create, upload, publish, or share content, including comments, configurations, templates, datasets, reports, and other materials ("User-Generated Content"). You are solely responsible for all User-Generated Content you submit and for the consequences of submitting it.

You represent and warrant that you own or control all rights necessary to submit your User-Generated Content, that such content does not infringe or violate any third-party right, and that it complies with all applicable laws and these Terms. You agree to pay all royalties, fees, and other amounts owed to any third party by reason of your User-Generated Content.

You grant Otwayite a worldwide, non-exclusive, royalty-free, fully sublicensable, transferable license to use, reproduce, distribute, modify, adapt, publish, and display User-Generated Content solely in connection with operating, providing, and promoting the Service. This license terminates, with respect to any particular item of User-Generated Content, upon its deletion from the Service, except that we may retain copies as required by law, for backup and archival purposes, or as reasonably necessary to resolve disputes.

We do not endorse, verify, or assume responsibility for any User-Generated Content and reserve the right, but not the obligation, to review, screen, refuse, or remove any User-Generated Content that we determine, in our sole discretion, violates these Terms or applicable law.

7. Payment Terms

Fees for the Service are specified in your order form, subscription plan, or online checkout and are quoted in United States dollars unless otherwise stated. Unless your order specifies otherwise, subscriptions are billed in advance on a recurring monthly or annual basis and renew automatically for successive periods of equal length unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

You authorize Otwayite and its payment processors to charge your designated payment method for all recurring and usage-based fees, applicable taxes, and any other charges incurred in connection with your account. You are responsible for providing accurate and current billing information and for promptly notifying us of any change to your payment method. If a payment is declined or reversed, we may suspend or terminate access to the Service.

All fees are non-refundable except as expressly stated in these Terms or as required by applicable law. Fees are exclusive of all sales, use, value-added, and similar taxes, and you are responsible for all such taxes arising from your subscription, excluding taxes based on our net income. We may increase fees for any renewal term upon at least thirty (30) days' prior written notice.

You must notify us in writing of any billing dispute within thirty (30) days after the contested charge appears on your account, or such dispute shall be deemed waived. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, and you agree to reimburse us for reasonable collection costs and attorneys' fees.

8. Service Modifications

We are continually evolving the Service. We reserve the right, at any time and without liability, to modify, enhance, update, suspend, or discontinue any feature, functionality, integration, or component of the Service, in whole or in part, including changes to the user interface, APIs, and supported platforms.

For material modifications that would adversely affect your use of the Service in a significant manner, we will provide reasonable advance notice, where practicable, via email or in-Service notification. Where a discontinuation materially reduces the core functionality for which you have prepaid, we may, at our sole discretion, provide a pro-rata refund or credit for the unused portion of your prepaid term.

We may perform scheduled maintenance during designated maintenance windows and will use commercially reasonable efforts to minimize disruption. Emergency maintenance may be performed at any time without prior notice where necessary to protect the security, integrity, or performance of the Service.

Your continued use of the Service after any modification constitutes your acceptance of that modification. If you do not agree with a modification, your sole and exclusive remedy is to terminate your subscription in accordance with Section 10.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND Otwayite EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Otwayite, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO Otwayite DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.

You agree to indemnify, defend, and hold harmless Otwayite and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your Customer Data or User-Generated Content, or your violation of these Terms or any third-party right.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Otwayite is organized, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered in accordance with the rules of the American Arbitration Association, and you and Otwayite each waive the right to a trial by jury and the right to participate in any class, collective, or representative action. Nothing in this Section prohibits either party from seeking injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

Consumer Privacy Rights

Certain U.S. state privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act ("CCPA/CPRA"), and other applicable state privacy laws, grant consumers specific rights regarding their personal information. Where we process personal information on your behalf as a service provider or processor, you are responsible for responding to consumer requests and for providing required notices. Details regarding the categories of personal information we collect, the purposes of processing, and the exercise of opt-out rights are set forth in our Privacy Policy and Cookie Policy.

10. Termination

These Terms remain in effect until terminated by either party. You may terminate by providing written notice to [email protected] or by cancelling your subscription through your account settings, effective as of the end of your then-current billing period.

We may suspend or terminate your access to the Service immediately, without notice or liability, if you breach these Terms, fail to pay applicable fees, engage in fraudulent or unlawful activity, or if we determine that your use of the Service poses a security, legal, or operational risk to us, other users, or third parties. We may also terminate these Terms for convenience upon thirty (30) days' written notice.

Upon termination, your right to access and use the Service ceases immediately, and we may delete or de-identify Customer Data in accordance with our retention practices and the Privacy Policy. You may export Customer Data during the term of your subscription or within thirty (30) days following termination, after which we have no obligation to retain it.

Sections 5, 6, 7, 9, 10, and 11, together with any provisions that by their nature should survive termination, shall survive the termination or expiration of these Terms.

11. Contact Information

If you have any questions, concerns, or notices regarding these Terms of Service, or if you wish to report a violation, please contact us using the information below. Notices to Otwayite must be sent in writing and shall be deemed given upon receipt.

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

These Terms, together with the Privacy Policy, the Cookie Policy, and any order form or supplemental agreement referencing these Terms, constitute the entire agreement between you and Otwayite concerning the Service and supersede all prior or contemporaneous understandings, communications, and proposals, whether oral or written. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.