SETTING BOUNDARIES
Terms of Use
Last updated: Jul 2, 2023
1. Introduction
Welcome to Optave AI Solutions Inc. (“Optave”, “we”, “us”), and thank you for choosing to use our website, products, and services. Our relationship is guided by these Terms of Use (“Terms”), and by interacting with our services, you confirm your understanding and agreement with these Terms.
We want you to know that our Privacy Policy, along with any other policies or documents we may provide from time to time, are incorporated within these Terms, ensuring transparency and a shared understanding. We kindly ask for your commitment to use our Services in alignment with these Terms.
It’s important that our services are a good fit for you. By engaging with our Services in any form, you’re acknowledging and agreeing to these Terms. We understand that everyone’s needs are different, so if for any reason you’re unable to agree to these Terms, we’re sorry but you will not be able to use our services. We appreciate your understanding.
2. Acceptable Use
We appreciate your use of our Services and kindly request your compliance with the following guidelines, as well as any other written policies we may occasionally present:
Respect for the Law: We expect you to use our Services in a manner that fully complies with all applicable laws. If there are any legal limitations applicable to you, unfortunately, we cannot authorize you to use our Services for those purposes.
Avoiding Harmful Uses: We kindly request that you refrain from using our Services to produce harmful content. This includes any material that might cause significant harm to yourself or others, promote unethical behavior, or spread misinformation. We also prohibit any attempts to use our Services to create content that may be deceitfully represented as human-generated.
Promoting Respectful Interactions: Please do not use our Services to generate content that can be perceived as hateful, discriminatory, sexually explicit, graphically violent, or other shocking material. Let’s make our community respectful and inclusive for everyone.
Honoring Rights: Please remember that our Services must not be used to infringe upon or violate others’ rights. This includes actions such as prying into individuals’ personal information, including phone numbers, addresses, and similar sensitive data.
Maintaining Security: We kindly request that you do not attempt to disable, disrupt, or otherwise compromise the security of our Services. This includes any attempts to bypass or disable our implemented content moderation and safety measures.
Preserving Intellectual Property: We expect that you won’t use our Services to reverse engineer, decompile, or otherwise attempt to obtain the underlying models, algorithms, or source code of the Services. We must also insist that our Services not be used for activities aimed at developing competitive products.
Restricting Data Harvesting: We kindly request that you refrain from scraping, “crawling”, or “spidering” any page, data, or portion of our Services, whether manually or via automated means. This allows us to maintain the integrity of our Services for everyone’s benefit.
2. Third Party Services and Websites
Our Services may offer links or access to services, websites, technology, and resources supplied or made accessible by third parties (“Third-Party Services”). Using these Third-Party Services might also require you to accept additional terms and conditions, privacy policies, or other agreements with the respective third party. You might even need to authenticate or create separate accounts to utilize these Third-Party Services on their providers’ websites or technology platforms. For a clearer understanding of the implications of activating these Third-Party Services and our use, storage, and disclosure of information pertaining to your use of such Third-Party Services within our Service, please refer to our Privacy Policy.
Please note that Optave does not control nor is responsible for these Third-Party Services, including the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or their privacy practices. We highly recommend reviewing the privacy policies of the third parties providing these Third-Party Services before using such services. All costs and charges associated with your use of any Third-Party Services fall under your responsibility, not Optave’s. Optave provides access to these Third-Party Services merely for convenience, and such provision does not imply endorsement or recommendation. Any interactions you have with third parties while using our Service are solely between you and the third party. Optave will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Services.
3. Intellectual Property
Optave Intellectual Property: These Terms do not bestow upon you any ownership rights, entitlements, or interests in our Services, our trademarks, or other intellectual property belonging to Optave. We sincerely thank you for understanding this critical aspect.
Feedback: We truly value and welcome your feedback, suggestions for enhancements, product proposals, and other inputs. However, we kindly remind you that by providing such feedback, you acknowledge our right to use it without limitations, further notice, or any compensatory obligations towards you.
Copyright Infringement Notices: If you have reasons to believe that your copyright has been infringed upon by any content within our Services, we kindly request you to send us a copyright notice compliant with the DMCA by emailing legal@optave.com. Upon receiving a compliant notice, we will strive to promptly eliminate or disable the material identified as infringing. Your notice should include the following details:
– A detailed description of the work(s) you assert have been infringed;
– An elucidation of the content within our Services that you believe infringes upon your rights;
– Your contact details, including your mailing address, telephone number, and email address;
– Your affirmation of a good faith belief that the usage of the material in the manner complained of is not sanctioned by the copyright owner, its agent, or the law;
– Your affirmation that the information you’ve furnished is precise, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– Your signature
4.User-Generated Content
In your interaction with our Services, you’ll provide various forms of input such as text and media (“Content”). It’s vital that you only input Content that is owned by you, or when dealing with Content owned by someone else, that you’ve obtained prior written consent from the respective rights holder.
You retain ownership of any Content you provide, but in doing so, you agree to grant Optave a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license. This license allows Optave to use your Content for the following limited purposes:
Service Operation: You enable Optave to use, adapt, reproduce, or otherwise engage with the Content to facilitate and maintain our Services. This includes, but is not limited to, compliance with applicable laws, delivery of our Services across various channels and platforms, ensuring user safety and security, and upholding our policies.
Service Improvement: You grant Optave permission to utilize the Content to enhance our current Services and to develop new ones. This could involve analyzing conversation content to identify potential new features, using Content for model training and fine-tuning, and assessing the performance of our existing Services.
The license also extends to any content you submit to our website, such as reviews, comments, or suggestions. You give us the right to use, modify, adapt, publish, translate, create derivative works from, distribute, and display such content globally in any media. You confirm that you possess or control all rights to the content you provide, and you agree to indemnify us against any claims stemming from the submitted content.
This license should be interpreted in conjunction with our Privacy Policy, which provides a detailed explanation of how we handle and manage your Content. We kindly ask that you review this policy carefully. Your continued engagement with our Services signifies your acceptance of these conditions, which are legally binding. We greatly value your understanding and cooperation.
5. Limitation of Liability
In no event and under no legal concept (whether contractual, tort, or otherwise) shall Optave be held accountable to you or any third party for (A) any indirect, incidental, special, exemplary, consequential, or punitive damages, such as but not limited to lost profits, lost business or sales, or lost data, or (B) any direct damages, costs, losses, or liabilities exceeding one hundred ($100) U.S. dollars. The conditions of this section serve to distribute the risks under these Terms between the involved parties, and both parties have taken these limitations into account in deciding to enter into these Terms.
6. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Optave, its affiliates, officers, agents, employees, and partners from any and all claims, liabilities, damages (both actual and consequential), losses and expenses (including legal fees) that arise from or are in any way related to any third party claims pertaining to (a) your use of our Services (including any actions taken by a third party using your account), and (b) your breach of these Terms.
7. Changes to These Terms
Optave holds the right to modify these Terms at any given time and for any reason. We will keep you informed about these changes by updating this page with the revised Terms and modifying the effective date. Any other alterations to the Terms will only be considered effective if they are in writing and signed by both you and an authorized representative of Optave.
Any subsequent use of our Services after an amendment to the Terms will be viewed as acceptance of all changes to the Terms. If you do not agree with the updated Terms, you are obliged to immediately stop using our Services.
8. Termination
Optave reserves the right to terminate or suspend your access to our Services at any time and for any reason at our discretion. Termination may result from our determination that you have breached these Terms, if we find it necessary for ensuring user safety, for legal compliance purposes, or if we believe it necessary to protect the rights or property of Optave.
Should you wish to delete your account, you may do so by contacting data.privacy@optave.com. For your security and privacy, we may request additional information to confirm your identity before processing such requests.
Please be aware that certain provisions of these Terms, including but not limited to those relating to indemnification, limitations of liability, intellectual property, dispute and arbitration, and any other terms that, by their nature, ought to survive the termination of these Terms, shall indeed persist beyond any termination.
9. Miscellaneous Terms
Violations: Optave retains exclusive discretion to establish whether a user is in breach of any provisions of these Terms.
Assignment: You are not allowed to assign or delegate any rights or obligations under these Terms, including in the event of a change of control. Any purported assignment or delegation will be deemed null and void. We may assign these Terms in conjunction with a merger, acquisition, sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
Choice of Law: These Terms will be governed by and construed following Canadian laws and the laws of Alberta, Canada, without giving effect to any conflict of laws rules.
Arbitration: Any dispute arising from or related to the subject matter of these Terms will be finally settled by arbitration in Alberta, Canada, under the Rules of Arbitration of the ADR Institute of Canada, Inc. (“ADRIC”) then in effect, by a single commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, chosen from the appropriate list of ADRIC arbitrators in accordance with ADRIC’s Rules of Arbitration. Any judgment rendered may be entered in a court having jurisdiction, or an application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Despite the foregoing, both you and Optave have the right to initiate an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Jurisdiction and Venue: For all purposes of these Terms, you consent to the exclusive jurisdiction and venue in the provincial or federal courts located, respectively, in Calgary, Alberta, Canada, or the Federal Court of Canada. The prevailing party in any action or proceeding arising from these Terms will be entitled to an award of costs and attorney’s fees.
Class Action Waiver: To the maximum extent permitted by law, you and Optave agree that all claims against each other can only be brought in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding and are limited to providing relief warranted by an individual party’s claim.
No Joint Venture or Beneficiaries: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Optave, and you do not possess any authority of any kind to bind us in any respect. There are no third-party beneficiaries intended under these Terms.
Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
Notices: Notices under these Terms shall be provided to you under the information provided to Optave when you registered your account. Notices to Optave may be provided by sending a message to legal@optave.com or
Suite 500 – 602 12 Ave SW, Calgary, Canada AB T2R 1J3
Optave AI Solutions Inc.
Notice shall be considered effective as of the date of receipt.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the
10. Contact Us
If you have any questions or concerns regarding this Terms of Use, please contact us using our contact form.
Suite 500 – 602 12 Ave SW, Calgary AB, Canada T2R 1J3
Optave AI Solutions Inc.