hOS Terms of Service
Last revised on April 25, 2022, effective as of April 25, 2022.
Please read these terms of service (“Agreement”) carefully. By using the www.hosinc.co website (“Site”) operated by hOS, Inc. (“hOS”), hOS’s AI-driven technologies for web and mobile applications designed to achieve massive scale and impact, and other related services (collectively, with the Site, “Services”), you agree to the terms and conditions of this Agreement.
Please read hOS’s Privacy Statement which along with any additional terms you agree to pursuant to this Agreement are included as part of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not use the Services. hOS may modify this Agreement at any time by posting a notice on the Services, or by sending you a notice via email. Your use of the Services following such notification constitutes your acceptance of the modified terms. If at any time you do not agree to this Agreement, you must terminate your use of the Services. You will still remain liable for any obligations incurred or charges accrued on or before the date of termination.
1. Access to Services
Subject to the terms and conditions of this Agreement, hOS will provide the Services solely for you and your authorized employee and independent contractor end users (“Authorized Users”). hOS may provide other services upon mutual agreement with you that are subject to additional terms. hOS may change, suspend or discontinue the Services for any reason, at any time, including the availability of any feature or content. hOS may also restrict your access to parts or all of the Services without notice or liability.
You represent and warrant to hOS that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also represent and warrant that you are legally permitted to use the Services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” will refer to such entity. This Agreement is void where prohibited by law, and the right to use the Services is revoked in such jurisdictions.
2. Intellectual Property Rights
As between hOS and you, hOS (or its licensors) is the sole and exclusive owner, and will retain all right, title and interest in and to the Services. You will not own any significant portion of the Services in any form. Subject to the terms and conditions of this Agreement, hOS grants you and your Authorized Users a nonexclusive, nontransferable right and license (without right to sublicense) to access and use the Services, solely for your and your Authorized Users’ personal, non-commercial purposes.
Except as provided in this Section, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Services in whole or in part. Additionally, you will not attempt to circumvent any of hOS’s technical measures, or decompile, reverse engineer, or disassemble the Services. You will not copy or store any portion of the Services other than for your personal, noncommercial use without prior written permission from hOS, or from the applicable licensor. All trademarks, service marks, and trade names that appear on the Services are proprietary to hOS or third parties. You will abide by all copyright or intellectual property notices and restrictions contained in the Services.
3. Use on Your Mobile Device
Use of the Services may be available through a compatible mobile device with Internet access or hOS’s mobile app (“Mobile App”) made available for download and installation on compatible mobile devices. The mobile app may not be available for all mobile devices or telecommunication providers. You are solely responsible for any mobile charges, including data or network charges, you may incur from your service provider(s) for using the Services. If you chose to access and use the Services through the Mobile App, hOS grants you a non-exclusive, non-transferrable license to download, install, and use a single copy of the Mobile App on your personal mobile device to access and use the Services solely as set forth in this Agreement. The Mobile App is licensed to you, not sold.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, hOS have a policy of terminating, in appropriate circumstances and in its sole discretion, users who are deemed to repeatedly infringed any intellectual property rights of others. hOS may also terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you think anyone has posted material to the Services that violates any copyrights or other intellectual property right, then you can notify hOS via email@example.com or via mail at 51 S Broadway, Unit 749, Salem, NH 03079, Attn: Natalie Hogan. Upon receipt of such complaint, hOS may take whatever action, in its sole discretion, it deems appropriate, in accordance with applicable law (including the Safe Harbor provisions of the DMCA).
Please see 17 U.S.C. §512(c)(3) for notification requirements under the DMCA. hOS may notify users of a claim of copyright infringement by means of a general notice on the Services, an electronic mail, or by written communication.
5. Your Data
For any data (e.g., text, sound, video, or image files) you provide to hOS, including data regarding you or your end users, in connection with your use of the Services (“Data”), you grant hOS a non-exclusive, worldwide, royalty-free, transferable license to use, modify, reproduce, and display such Data (including all related intellectual property rights) to provide and improve the Services. You represent and warrant that you: (i) own all right, title, and interest or possess sufficient license rights, in and to the Data as may be necessary to permit the use contemplated under this Agreement; and (ii) you will not contribute any Data that: (a) infringes any intellectual property right, proprietary right, or the privacy or publicity rights of another; (b) is libelous, defamatory, obscene, pornographic, harassing, hateful, offensive or otherwise violates any law; (c) contains a virus, trojan horse, worm, or other computer programming routine or engine intended to detrimentally interfere with any system, data or information; or (d) causes damage to the systems of hOS or its users in any way. If you disclose Data that includes personally identifiable information or information that could be used to identify an individual (“Personal Data”), (i) you represent and warrant that you comply with all applicable laws relating to the collection, use, and disclosure of Personal Data; and (ii) you are responsible for assessing whether or not hOS’s Services are appropriate for your use with respect to your obligations under any applicable laws or regulations (e.g., HIPAA, data privacy laws, etc.).
You bear all responsibility and liability for the accuracy, completeness, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right of the Data and hOS’s access, possession and use as permitted herein.
hOS reserves the right to remove any Data from the Services at any time, for any reason or for no reason at all, though hOS will make commercially reasonable efforts to alert you of such actions as soon as practicable. hOS may, but is not obligated to, monitor Data and remove any Data or content or prohibit any use of the Services, if hOS believes in its sole discretion such content or use may be (or is alleged to be) in violation of this Agreement or any applicable laws or may impact delivery. hOS does not assume liability for any Data.
6. User Submissions; Feedback
Where hOS has specifically invited or requested submissions or comments through the Site, hOS encourages you to submit such content for consideration (“User Submissions”). User Submissions remain the property of the submitting party. By posting content on the Site, you grant hOS a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt publish, translate, create derivative works from, distribute, perform, and display such content and your name, voice, and/or likeness as contained in your User Submission, in any form throughout the world in any media or technology, and including the right to sublicense such rights. Any such User Submissions are deemed non-confidential.
For any feedback relating to the Services (“Feedback”) that you provide to hOS, you give hOS, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize the Feedback in any way and for any purpose. hOS will not be required to treat any Feedback as confidential, and will not be liable for any ideas or incur any liability as a result of any similarities that may appear in future Services or operations.
hOS’s communications to you and the Services may contain hOS confidential information. Such confidential information may include business, technical, financial or other information that is marked confidential or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed. For clarity, all Data will be deemed confidential information of Company without any marking or further designation. If you receive any such confidential information, then you will not disclose it to any third party without hOS’s prior written consent and will not use such confidential information for any purpose other than fulfilling your obligations and exercising your rights under this Agreement. hOS confidential information does not include information that you independently developed, was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose hOS confidential information when compelled to do so by law if you provide reasonable prior notice to hOS, unless a court orders that hOS should not receive notice. hOS may disclose Data at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena). Unless otherwise required by applicable law, within 60 days of the termination of this Agreement for any reason, you must: (i) cease the use of all confidential information; and (ii) delete, and upon request certify that you have deleted, all documents and other materials in your possession or control containing, recording, or constituting confidential information.
You are responsible for all of your activity in connection with the Services. You may not post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any hOS user. hOS will not be liable for any failures in the Services or other problems that are related to your Data or any equipment or service outside of hOS’s facilities or control. You will not use any part of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will use the Services only in compliance with all applicable laws (including policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity, or defamation).
9. Warranty Disclaimer
hOS has no special relationship with or fiduciary duty to you. You acknowledge that hOS has no control over, and no duty to take any action regarding: which end users gain access to the Services; what results you may obtain via the Services; what effects the Services may have on you; how you may interpret or use such results; or what actions you may take as a result of having been exposed to the Services. You release hOS from all liability for your having acquired or not acquired Services and content and results through the Services. hOS does not manage or control any business or individual that you may interact with through the Services, and hOS accepts no responsibility or liability for any act or omission by such entity. You hereby waive any and all legal or equitable rights or remedies you have or may have against hOS with respect to acts and omissions by such entities.
hOS makes no representations concerning any content contained in or accessed through the Services, and hOS will not be responsible or liable for the accuracy, compliance, or legality of any material or content contained in or accessed through the Services. hOS does not guarantee that the Services will be accessible at all times, without interruption, or at any given time. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY LAW, hOS DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY, OR OPERABILITY OF THE MATERIAL PROVIDED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT hOS IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM: (i) USE OF THE SERVICES; (ii) DOWNLOADING INFORMATION FROM THE SERVICES; (iii) UNAUTHORIZED DISCLOSURE OF ANY CONTENT, MATERIAL, OR DATA THROUGH THE SERVICES; AND (iv) THE INABILITY TO ACCESS OR RETRIEVE ANY DATA FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR DESTRUCTIVE PROGRAM.
10. Third Party Sites and Services
Users may gain access to third-party sites on the Internet from the Services. Third-party sites or services are not within the supervision or control of hOS. hOS makes no representations or warranties about any third-party site or resource, and does not endorse the products or services offered by third parties. hOS disclaims all responsibility and liability for content on third-party websites. Third-party providers of ancillary services may require your agreement to additional or different terms prior to your use or access of their sites or services. Any such agreement will in no way modify this Agreement.
You will indemnify and hold hOS, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) your violation of this Agreement, (iii) your infringement, or the infringement by any third party using your registration information, of any intellectual property, or other right of any person or entity, including any claims relating to your disclosure of Personal Data to hOS, and (iv) the Data or any other materials you provide to hOS.
12. Mobile Applications
To the extent you acquire any part of the Services from a third party application store provider (“App Store Provider”), the terms of this Section 12 apply. You agree that this Agreement is solely between you and hOS and that the App Store Provider has no responsibility for the Services. For Apple, your use of the App Store must comply with the App Store Terms of Service. You acknowledge that the App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple or the App Store Provider, and, in the case of Apple, Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, App Store Provider will have no other warranty obligation whatsoever with respect to the Services. You acknowledge that App Store Provider is not responsible for addressing any claims of you or any third party relating to the Services or your possession and use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the Services infringe that third party’s intellectual property rights, App Store Provider will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and hOS acknowledge that App Store Provider, and App Store Provider’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Services, and that, upon your acceptance of this Agreement, App Store Provider will have the right to enforce this Agreement as relates to your license of the Services against you as a third-party beneficiary thereof. You must comply with applicable third party terms of agreement when using the Services. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Limitation of Liability
EXCEPT FOR DAMAGES AND LIABILITIES ARISING FROM: (i) A PARTY’S BREACH OF SECTION 7 (CONFIDENTIALITY), (ii) ITS VIOLATION OF APPLICABLE LAWS, (iii) ITS INDEMNIFICATION OBLIGATIONS, OR (iv) GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, OR OTHER INTANGIBLES, OR IN THE CASE OF hOS, DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS. hOS’s LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO $100 US DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement begins on the date you first use the Services and continues for as long as you access or use the Services. hOS may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon any such termination, your right to use the Services and access Data or materials through the Services, will immediately cease. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
Please review hOS’s Privacy Statement which governs hOS’s use of Personal Data and Data.
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled by the state and federal courts located in County of New Castle, Delaware. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
This Agreement (including the Privacy Statement) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you without hOS’s written consent.
You may send inquiries regarding this Agreement to the address below and delivered in person by a nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid:
51 S Broadway, Unit 749, Salem, NH 03079, Attn: Natalie Hogan