oto.do Terms of Service


Posted: 25 January, 2024
Effective: 25 January, 2024

Thank you for using oto.do! Our mission is to assist you manage and operate your digital life and operations. We do so by providing our digital companion platform oto.do through our websites, client applications and other software suites/tools (combined called "Services") to help you automate your digital life/operations.


We, Moontropy Private Limited, Bengaluru, India ("Moontropy", "oto.do", "We", "Us", "oto", "otodo", "our") are the creator and provider of the Services under these privacy policy and terms & conditions (combined called "Terms") listed below. By using our Services, you are agreeing to be bound by these Terms and our Privacy Policy.

About our Services


Software

Some of our Services allow you to download client software ("Software") which may be updated automatically. As long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so or assist anyone to do so.

Beta Services

We sometimes release products and features that we're still testing and evaluating ("Beta Services"). Beta Services are labelled 'alpha', 'beta', 'preview', 'early access' or 'evaluation' (or with words or phrases with similar meanings) and may not be as reliable as our other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback. Beta Services are confidential until they are officially launched. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.

Privacy Policy And User Data

We care about your privacy. Our Privacy Policy describes our data practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you.


Acceptable Use Of Our Services

Our Terms And Policies: You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the "Termination" section below.

Legal And Acceptable Use: You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of oto.do, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-appropriate use of our Services unless otherwise authorized by us.

Harm To oto.do Or Our Users/Services: You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services, unless an exception or limitation applies under applicable law; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

Keeping Your Account Secure: You are responsible for keeping your device and your oto.do account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services


Additional Features

From time to time, oto.do will add additional features to enhance the user experience at no charge or additional charge. However, these free features may be withdrawn without further notice.


Third-Party features

The Services may give you the option to link to third-party features and integrations. oto.do does not own or operate any such features or integrations. If you access or use any third-party features or integrations, you are responsible for this access and use, and oto.do is not responsible for any act or omission of the third party or the availability, accuracy, the related content, products or services of third parties.


Third-Party Services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, other products and services, Please note that these Terms and our Privacy Policy apply only to the use of our Services. When you use third-party products or services their own terms and privacy policies will govern your use of those products or services.


Our Rights

The Services are protected by copyright, trademark, and other India and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, oto.do trademarks, logos and other brand features. We welcome feedback, but please note that we may use comments or suggestions without any obligation to you.


Licenses

Your Rights: oto.do does not claim ownership of the information that you submit for your oto.do account or through our Services. You must have the necessary rights to such information that you submit for your oto.do account or through our Services and the right to grant the rights and licenses in our Terms.

oto.do's Rights: We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, or other intellectual property rights unless you have our express permission.

Your License To oto.do: In order to operate and provide our Services, you grant oto.do a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services.

oto.do's License To You: We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.


Disclaimers And Release

You use our Services at your own risk and are subject to the following disclaimers.

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, oto.do AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES.

We are providing our Services on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections. We do not control and are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the "oto.do Parties") from any claim, complaint, cause of action, controversy, or damages (together, "Claim"), known and unknown, relating to, arising out of, or in any way connected with any such Claim you have against any third-parties. Your rights with respect to the oto.do Parties are not modified by the foregoing disclaimer if the laws in the UK, applicable as a result of your use of our Services, do not permit it.


Limitation Of Liability

oto.do is only liable to the following extent:

Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.

oto.do will exercise professional diligence in providing the Services to you. Provided that we have acted with professional diligence, oto.do does not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.


Dispute Resolution

If you are a consumer, both you and us agree that you may resolve your individual claim or dispute against us, and we may resolve our claim or dispute against you, in any competent court in the country of your main residence that has jurisdiction over your claim or dispute, and the laws of that country will apply without regard to conflict of law provisions.

If a claim or dispute arises between us that relates to use of the oto.do Service in any other capacity, or that an entity brings on your behalf, you agree that any such claim or dispute must be resolved exclusively in India, a District Court or a State court located in Bangalore, India. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of India will govern these Terms and any such claim or dispute without regard to conflict of law provisions. Notwithstanding the foregoing, you agree that, in our sole discretion, we may bring any claim, cause of action, or dispute we have against you in such a capacity in any competent court in the country in which you reside that has jurisdiction over the claim.


Availability And Termination Of Our Services

Availability Of Our Services: We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time with or without notice, with no such notice being required in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination: Although we hope you remain a oto.do user, you can terminate your relationship with oto.do anytime for any reason by deleting your account.

Our right to terminate for cause remains unaffected. Good cause shall be deemed to exist if one party violates laws, third-party rights, or otherwise breaches these Terms, and the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period, taking into account all circumstances of the individual case and after weighing the interests of both parties. A termination for good cause is only possible within a reasonable period of time after a breach has come to the knowledge of the other party.

If the important reason is a violation of an obligation of these Terms, termination is only permissible after the unsuccessful expiration of a granted remedy period or after an unsuccessful warning. However, this does not apply if the party in breach seriously and finally refuses to fulfill its obligations or if, after weighing the interests of both parties, special circumstances justify immediate termination.

In accordance with this "Termination" section, we may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. If you delete your account or we delete or disable it, these Terms will end as an agreement between you and us, but the following provisions will survive any termination of your relationship with oto.do: "Licenses," "Disclaimers And Release," "Limitation Of Liability," "Dispute Resolution," "Availability And Termination Of Our Services," and "Other.”

If you believe your account's termination or suspension was in error, please contact us at contact@moontropy.com.


Entire Agreement

These Terms constitute the entire agreement between you and oto.do with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of these Terms. Our past, present and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.


Waiver, Severability & Assignment

oto.do's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. oto.do may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.


Modifications

We may revise these Terms to better reflect:
changes to the law,
new regulatory requirements, or
improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify you prior to the update's effective date by sending an email or using a texting service(SMS, WhatsApp etc) to the email address/phone number associated with your account or via an in-product notification. If you do not agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we'll offer you a pro-rata refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.


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