Terms of Service
Last Updated: November 8, 2023
These Terms of Service ("Terms") are a legal agreement between you ("User" or "you") and Oasis Labs, Inc. ("Oasis Labs," "we," "us," or "our") regarding your use of Oasis Labs's website located at oasislabs.com and all of its subdomains, privacy software, and services (collectively, the "Services"). By registering for, signing up for, and/or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
1. Acceptance of Terms
By accessing or using our Services, you agree to comply with and be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to agree to these Terms on behalf of your organization and to bind that organization to these Terms. "You" refers to both you individually and that organization, if applicable.
2. Description of Services
Oasis Labs provides privacy software and services designed for developers, companies and institutions to enhance data privacy, security, and compliance within their applications and services and when they share sensitive data with other such companies and institutions.
3. Acceptable Use
You agree to only use the Services for lawful purposes permitted by these Terms. You may not use the Services in any way that violates applicable laws or infringes any third party's rights. You may not:
- attempt to gain unauthorized access to the Services, or other computer systems connected to the Services, through password mining or any other means;
- engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, abusive, illegal, fraudulent, malicious, or that violate any right of any third party, or are otherwise objectionable to Oasis Labs;
- use the Services in violation of any applicable law or regulation;
- reverse engineer, decompile, disassemble, reverse assemble, or modify any of the Services’ source or object code or any software or other products, services, or processes accessible through any portion of the Services;
- engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to Oasis Labs, the Services, or other users of the Services;
- interfere with or circumvent any security feature of the Services or any feature that restricts or enforces, or seeks to restrict or enforce, limitations on use of or access to the Services or the Content;
- monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
- sell, lease, rent, exchange, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by Oasis Labs or with the prior written consent of an officer of Oasis Labs or, in the case of Content from a licensor, the owner of the Content;
- insert any code or product to manipulate such Content or the Services in any way that adversely affects any user experience, including through distribution of viruses, malware, or other harmful content;
- engage in DDoS attacks against or through the Services; or
- otherwise violate these Terms.
4. Account Registration
To use certain features of the Services, you may be required to register for an account. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and current and that your account may only be used by you.
You agree to the following:
(i) You will select a unique username and password. You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any username or email address for any other reason in our sole discretion;
(ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and to maintain and update such information, continuously and promptly, to keep your Account information accurate, current, and complete;
(iii) You are solely responsible for all activities that occur under your Account, password, and username – whether or not you authorized the activity;
(iv) You will immediately notify us of any unauthorized use of your Account, password, or username, or any other breach of security;
(v) You will not sell, transfer, or assign your Account or any rights in or to your Account; and
(vi) You agree that Oasis Labs may use technologies that track and collect information about use of your account.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms or any applicable law, then we may suspend or terminate your account. We also reserve the general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
5. User Responsibilities
a. Compliance: You agree to use the Services in compliance with all applicable laws, regulations, and these Terms.
b. Data Privacy: You are solely responsible for the data you process using our Services. You must ensure that your use of the Services complies with all applicable privacy laws and regulations, including obtaining any necessary consents from individuals whose data is processed, and assessing compliance of data sharing using our services either with internal or external privacy counsel.
c. Security: You are responsible for maintaining the security of your account credentials and for any activities that occur under your account.
6. Payment
Some Services may be provided for a fee. Payment terms and pricing are outlined in separate agreements. You agree to pay all applicable fees and taxes related to your use of the Services.
7. Intellectual Property
a. Content generally: The Services contains a variety of (i) materials, applications, and other items relating to Oasis Labs and similar items from Oasis Labs’ licensors and other third parties, including all data, metadata, metrics, information, layout, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service sand elements thereof, and the compilation, assembly, and arrangement of the materials of the Service sand any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Oasis Labs (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
b. Ownership: Oasis Labs and/or its licensors retain all intellectual property rights, title, and interest in the Services, including but not limited to patents, trademarks, copyrights, and trade secrets. The Services and any Content provided in, through, or in connection with the Services, are protected by U.S. international intellectual property and unfair competition rights and laws, to the fullest extent possible. Oasis Labs owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content in the Services.
c. License: Subject to your strict compliance with these Terms, Oasis Labs grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose. You may not modify, reproduce, distribute, or create derivative works from the Services. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Content or in the Services and may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise under common law or in equity. All rights not expressly granted in this license are reserved by Oasis Labs and its licensors and other third parties.
d. Feedback: In your communications with us, please keep in mind that Oasis Labs does not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit to Oasis Labs via or regarding the Services are licensed to Oasis Labs. In addition, Oasis Labs retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Oasis Labs’ receipt of your Unsolicited Ideas and Materials is not an admission by Oasis Labs of their novelty, priority, or originality, and it does not impair Oasis Labs’ right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. You grant to Oasis Labs the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Unsolicited Ideas and Materials (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. In order to further effect the rights and license that you grant to Oasis Labs to your Unsolicited Ideas and Materials, you also hereby grant to Oasis Labs, and agree to grant to Oasis Labs, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any Unsolicited Ideas and Materials on the Site, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Unsolicited Ideas and Materials, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the license rights granted in this paragraph. Each time you submit any Unsolicited Ideas and Materials, you represent and warrant that (a) the Unsolicited Ideas and Materials are accurate, and are not fraudulent, deceptive, inaccurate, misleading, or misrepresentative of your identity or affiliation with a person or company; (b) the Unsolicited Ideas and Materials do not and, as to Oasis Labs’ permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (c) the Unsolicited Ideas and Materials will not violate these Terms, or cause injury or harm to any person.
8. Termination
Oasis Labs may terminate or suspend your access to the Services at any time, with or without cause, and without notice. Upon termination, all rights granted to you under these Terms will cease.
9. Privacy
Your use of the Services is governed by our Privacy Policy, which can be found on our website.
10. Disclaimers; Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. OASIS LABS, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR SUPPLIERS, VENDORS AND CONTRACTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT WITH RESPECT TO THE CONTENT AND THE SERVICES.
OASIS LABS, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR SUPPLIERS, VENDORS AND CONTRACTORS MAKE NO WARRANTY THAT (i) THE CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) WE WILL FIX ANY ERRORS; OR (iv) THAT USE OF THE SERVICES WILL NOT CAUSE YOU TO BE IN BREACH OF USER AGREEMENTS OR CONTRACTS GOVERNING YOUR USE OF ANY OTHER WEBSITE, APPLICATION, OR SERVICE. ANY CONTENT OR MATERIALS OBTAINED THROUGH USE OF THE SERVICES ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICES OR ANY CONTENT OBTAINED FROM OR THROUGH USE OF THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OASIS LABS AND ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, AND THE OFFICERS, EMPLOYEES, SUPPLIERS, VENDORS AND CONTRACTORS OF EACH OF THE FOREGOING SHALL NOT BE LIABLE (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATED TO YOUR USE OF REPLYFORCE OR ANY CONTENT PROVIDED BY OR USING THE SERVICEs, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR ASSOCIATED CONTENT, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SERVICE OR ASSOCIATED CONTENT. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
CERTAIN U.S. STATES DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF OASIS LABS AND ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, AND THE OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS OF EACH OF THE FOREGOING TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) $100 AND (B) THE AMOUNTS YOU HAVE PAID TO OASIS LABS IN THE PAST 12 MONTHS.
11. Governing Law; Venue
These Terms are governed by and construed in accordance with the laws of California. Any disputes arising from or relating to these Terms will be subject to the exclusive jurisdiction of state or federal courts located in San Francisco County, California, and in doing so agree to submit to the personal jurisdiction of those courts.
Notwithstanding the foregoing, you and Oasis Labs are each permitted to seek injunctive or other equitable relief from a court of competent jurisdiction in connection with claims arising out of any actual or alleged infringement of any intellectual property rights of you or Oasis Labs, and such you and Oasis Labs agree that such a court may issue such injunctive or other equitable relief as set forth in this sentence.
Class Action Waiver. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Mass Arbitration. Notwithstanding the foregoing Class Action Waiver clause, if, at any time, 25 or more similar demands for arbitration are asserted against Oasis Labs by the same or coordinated counsel or entities (a “Mass Filing”), you and Oasis Labs agree that additional Mass Arbitration procedures may apply. These procedures may be made available to you upon request. To request these procedures, please email compliance@oasislabs.com.
12. Changes to Terms
Oasis Labs reserves the right to update or modify these Terms at any time without notice. Your continued use of the Services after any such changes constitutes your acceptance of the updated Terms. Accordingly, each time you sign in to or otherwise use the Services you are entering into a new agreement with Oasis Labs on the then-applicable terms and you agree that we may notify you of other terms by posting them on or in the Services (or in any other reasonable manner of notice which we elect), and that your use of the Services after such notice constitutes your agreement to the other terms for your new use and transactions.
13. No Waiver
Except as expressly set forth in these Terms, no failure or delay by you or Oasis Labs in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
14. Severability
If any clause within these Terms other than the Class Action Waiver or Mass Arbitration clauses above, contained within the Governing Law; Venue provision is found to be illegal or unenforceable, that clause will be severed from these Terms, and the remainder of these Terms will be given full force and effect. If the Class Action Waiver or Mass Arbitration clauses are found to be illegal or unenforceable, the entire Governing Law; Venue provision will be unenforceable (except for the choice of governing law) and the dispute will be decided by a court.
15. Contact Us
If you have any questions or concerns about these Terms, please contact us at contact@oasislabs.com.