THE AGREEMENT: The use of the website and services provided by OttoMatey, a company owned by HyperSocial, LLC (hereinafter referred to as “Company”) are subject to the following Terms of Service (hereinafter the “Terms of Service” or “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”). OttoMatey is not a LinkedIn product. You understand that like any third-party software or tools, LinkedIn Corporation does not endorse the use of OttoMatey nor does LinkedIn Corporation have any association with OttoMatey.

By registering, accessing, or using any services developed, operated, maintained, or hosted by OttoMatey, including all websites and IP addresses available at and configured for use at https://www.ottomatey.com or https://app.ottomatey.com, you agree to be bound to the following terms and conditions (“Terms of Service”) and you agree that it is enforceable as if it were a written negotiated agreement signed by OttoMatey and you.

OttoMatey, at its sole discretion, reserves the right to revise, update, and change the Terms of Service from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service. You agree to use OttoMatey at your own risk.

BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.

ACCOUNT TERMS:

– You must be 18 years or older to use OttoMatey.
– You are required to provide a valid email address, and any other information requested in order to complete the signup process and/or continue to use OttoMatey.
– OttoMatey reserves the right to terminate your use of the services upon the discovery that the information you provided is not complete or accurate.
– You may not use OttoMatey for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright, spam, or trademark laws).
– You are responsible for complying with all applicable local, state, national, and foreign laws relating to your use of the service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the service for any fraudulent or inappropriate purpose.
– You may not use any robot, spider, other automated devices, or manual process to monitor or copy any content from OttoMatey.
– You may not resell, duplicate, reproduce, or exploit any part of the service without the express written consent of OttoMatey.
– OttoMatey may modify, suspend, or discontinue this service at any time, for any reason, at its sole discretion if the Client is in breach of terms.
– OttoMatey reserves the right to refuse service to anyone for any reason at any time.
– OttoMatey claims no ownership, responsibility, or intellectual property rights over any of the content or materials you provide to OttoMatey.
– If you cancel or terminate your Service, all of your content, data, information, text, files, documents, images may be immediately deleted from the Service.
– Third-party subscriptions may be required to run certain aspects of your campaign. These subscriptions are not included in our pricing and must be procured directly from the Third-party.

PAYMENT TERMS

All accounts are billed on a recurring monthly basis for each individual user in advance of the month. Once the initial period paid for has come to an end, the account will automatically renew on the same charge date and for the same package, unless you modify your package or cancel your account before the charge has taken place, as in line with our “Cancellation and Termination” terms.

Your billing date is determined by the licensee and reflects the nominal calendar day in which you received your login credentials (username and password).

No refunds or credits will be granted for partially used or unused months of service.

OttoMatey reserves the right to terminate or suspend any account for non-payment of the subscription dues.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

A three percent (3%) transaction fee is added to all credit card purchases and is calculated in summation of the aforementioned applicable charges.

CHANGES TO SERVICE FEES

OttoMatey reserves the right to change service fees with 14 days notice. Such notice may be provided at any time by posting the changes to the OttoMatey website (https://www.ottomatey.com) or through email. Existing account plans may not be automatically updated in accordance with these changes, but are eligible for a service charge, by request.

CANCELLATION AND TERMINATION

You are solely responsible for canceling your account by written notice to OttoMatey at least 7 days in advance of cancellation and your recurring bill date.

Failure to provide 7 days’ written notice to [email protected] may result in additional charges under the same terms and duration as your existing agreement. As an example, your monthly or annual commitment will renew for another consecutive month or twelve-month term respectively when insufficient cancellation notice is provided.

Charges already processed by OttoMatey without 7 days written notice as outlined above will not be refunded.

All of your content may be immediately deleted from the Service upon cancellation. Once your account is canceled, your Content may not be able to be recovered.

INTELLECTUAL PROPERTY RIGHTS

You agree that OttoMatey owns all rights to the code, databases, visual-design, and layout of the service itself. OttoMatey claims no intellectual property rights over the material you provide to the Service. You may not duplicate, copy, or reuse any portion of the content of OttoMatey’s service without the express written consent of OttoMatey.

REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

– Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
– Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to host, user, or network.

DATA LOSS

The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

NON-DISCLOSURE

Parties shall not use or disclose to anyone any confidential information regarding the other Party’s business operations. Such confidential information shall include all non-public information the Party acquired as a result of interaction with the other Party which might be of any value to a competitor of the Party, or which might cause any economic loss or substantial embarrassment to the Party or its customers, distributors, or suppliers if used or disclosed. Examples of such confidential information include, without limitation, non-public information about the Party’s customers, suppliers, distributors, and potential acquisition targets; its business operations and structure; its services, formulas, and pricing; its processes, technologies, and inventions; its research and know-how; its financial data; and its plans and strategies.

WARRANTIES AND LIABILITY

OttoMatey does not warrant that:

– The service will meet your requirements or expectations.
– The service will be uninterrupted, timely, secure, bug, or error-free at all times.
– The calculations performed by the service are accurate.

You expressly understand and agree that OttoMatey shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if OttoMatey has been advised of the possibility of such damages), resulting from your usage of the service.

GENERAL CONDITIONS

Your use of the service is at your sole risk. You acknowledge, understand, and agree that OttoMatey provides the service to you “As Is” and “As Available” without warranty or condition of any kind.

Technical support is only provided to paying account holders and is available as per the terms of your account. You understand that OttoMatey uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the service.

You acknowledge, understand, and agree that OttoMatey cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated, linked to, or partnered with OttoMatey.

Verbal, physical, written, or other abuse of any OttoMatey customer, employee, member, or officer will result in immediate account termination and legal action.

You agree to receive administrative and legal notices about the Service electronically via email or postal mail.

JURISDICTION, VENUE & CHOICE OF LAW

Through Your use of the Website or Services, You agree that the laws of the jurisdiction where HyperSocial, LLC is registered shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the said jurisdiction. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

ARBITRATION

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the jurisdiction where HyperSocial, LLC is registered. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by the applicable and governing law of the said jurisdiction. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

The failure of OttoMatey to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and OttoMatey and govern your use of the service, superseding any prior agreements between you and OttoMatey (including, but not limited to, any prior versions of the Terms of Service).

If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact us.