Ooni App Terms and Conditions

App Terms & Conditions

 

Terms of App Use.

 These terms (together with any other terms and/or documents referred to in these terms) govern your use of our App (terms

). 

Please read these terms carefully before you start to use our App, particularly the sections below headed "Our liability" and "Indemnity"

By using our App you indicate that you accept these terms and that you agree to comply with them. If you do not agree to these terms, then you won't be able to access or use our App or create an account using our App.

Information about us.

 Our App is operated by Ooni Limited ("we/us/our

"). We are a company incorporated in England (registered number 08316049) with our registered office at 105 Hopewell Business Centre Unit 20, Hopewell Drive, Chatham, Kent ME5 7DX.

How to contact us.

You can contact us by writing to us at support@ooni.com, or by mail to our business office at Ooni HQ, Ooni Park, 189 West Main Street, Broxburn, EH52 5LH.

There may be other terms that apply.

 These terms apply to your use of our App. 

If you purchase goods from our website, our terms and conditions of supply will apply to your purchase. We will make these available to you before you complete your purchase. 

Personal information.

If you create an account, you promise to provide us with true, accurate, and complete information about yourself, and maintain and update this information to ensure it remains true, accurate and complete. 

Any personal information we obtain from users of our App will be processed in accordance with our Privacy Policy. Please read our policy carefully to understand our views and practices regarding your personal data and how we will treat it. If you have any questions or concerns about our Privacy Policy, please get in touch at support@ooni.com.

Accessing our App.

 Access to our App is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on our App without notice (see below). We will not be liable if for any reason our App is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our App, or our entire App. 

To use our App, you must be at least 18 years old and reside in a country where our App is available.

To use the connect tab of our App, you need to create an account. You may also need to create an account to use other functionalities in our App. 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, this is for your personal use only. You must treat such information as confidential and must not disclose it to anyone else without our permission. We may disable any user identification code or password, whether chosen by you or allocated by us, at any time, or suspend or terminate your account, if in our opinion you have failed to comply with any of these terms. 

You are responsible for making all arrangements necessary for you to have access to our App. 

You are also responsible for ensuring that anyone that accesses our App through your account is aware of these terms, and that they comply with them.

Intellectual property rights.

 We are the owner or the licensee of all intellectual property rights in our App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

You must not modify any digital copies of any materials you have downloaded or taken from our App in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without first seeking our permission to do so.

Our status (and that of any identified contributors) as the authors of material on our App must always be acknowledged.

You must not use any part of the materials on our App for commercial purposes without obtaining a licence to do so from us or our licensors.

If you copy or download any part of our App in breach of these terms, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have copied or downloaded. 

Content uploaded by you.

You are responsible for any content or information that you add, create, upload, submit, distribute, post or otherwise contribute to our App via your account (Content

). This Content may be publicly available. 

In relation to any Content, you agree that: (1) you own or have the right to upload it; (2) you have obtained any necessary approvals or consents to use it; (3) it does not violate these terms, any applicable legislation, or the intellectual property rights of any third party; and (4) you are solely responsible for any Content, including any reliance on the accuracy of such Content.

You must not upload Content to our App that is offensive or defamatory, or used for promotional or marketing purposes. 

We may monitor Content uploaded by users from time to time, and we reserve the right to remove or disable access to any Content at any time without prior notification. 

You retain ownership of all Content. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide licence to reproduce, adapt, display, modify, distribute and otherwise use your Content in any manner by any means. You also agree to waive and not enforce any moral rights or equivalent rights to the extent permitted under applicable legislation. 

We are not responsible for and do not endorse any Content you upload to our App. If your Content breaches these terms, you may be legally responsible for that Content. Between you and us, any Content will be non-confidential and we will not be liable for any use or disclosure of any Content you upload to our App. Your Content will not be subject to any obligation of confidence on our part other than as set out in our Privacy Policy. You agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to upload any Content to our App does not place us in a different position from the position held by members of the general public, including with regard to your Content. 

Our App may allow you to mark certain Content that you upload to it as private, public, or available only to select users of our App. We will maintain the privacy of such Content in accordance with your selections.

Content uploaded by others.

We do not guarantee or endorse the accuracy, integrity, or quality of any content or information added, created, uploaded, submitted, distributed, posted, or otherwise contributed to our App by other users. We are not responsible for what you, or others, upload to our App. Any views expressed in content contributed by other users do not represent our views or values.

Viruses, hacking and other offences.

 You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our App or to your downloading of any material posted on it, or on any website linked to it.

Although we use security measures to protect against unauthorised access to your account, we cannot guarantee absolute security to your account or that our security measures will prevent unauthorised access to your account.

Our App changes regularly.

 We aim to update our App regularly, and may change the content and functionality at any time. If the need arises, we may suspend access to our App, or close it indefinitely. Any of the material on our App may be out of date at any given time, and we are not obliged to update such material.

Links from our App.

 Where our App contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage caused by your use of them.

Our liability.

 We exclude, to the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied. 

Nothing in these terms seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. However, beyond that we exclude, to the extent permitted by law, all other liability.

Whilst we try to ensure that the material and information displayed on our App (including, for example, temperature information) is correct, our App is provided for general information and entertainment purposes only, without any guarantees, conditions or warranties as to the availability, accuracy, completeness, reliability, or timeliness of the material and information displayed on our App. Our App does not offer advice that you should rely on. We accept no responsibility for any errors, omissions or misleading information made available on or through our App, or for any loss which may arise from any reliance placed on such information by any user of our App, or by anyone who may be informed of any of such information. You must always use your own judgement when relying on the material and information displayed on our App and should obtain professional or specialist advice before taking, or refraining from, any action on the basis of material or information obtained from our App. 

Indemnity.

You agree to indemnify and hold us harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable legal fees) suffered or incurred by us arising out of or related to: (1) your breach of any of these terms; (2) any Content you post or otherwise contribute to our App; and (3) your violation of any law or the rights of a third party in relation to our App.

Transfer.

We may transfer any or all of these terms, and any rights or obligations under these terms, in whole or in part, to any other company within our group of companies without your consent. Otherwise, neither us or you may transfer these terms, in whole or in part, nor transfer any rights or obligations under these terms, to any third party.

Severability.

If a court finds part of these terms unlawful, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Governing law.

The governing law and jurisdiction of these terms depends on where you live. 

These terms, and any non-contractual obligations arising out of or in connection with them, and any disputes arising from them, will be governed exclusively by the applicable governing law described in the table below, without giving effect to any of its conflict of laws principles. The courts located in the applicable venue described below will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these terms. 

Country of residence

Applicable governing law

Applicable venue


Australia

Australian

Victoria


Canada

Canada, Ontario

Ontario 


Germany

German

Bonn


New Zealand 

New Zealand 

Auckland 


UK

English

England


US

 

Texan

Austin, Texas

Variations.

 We may change these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes, as they are binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our App.

Your concerns.

 If you have any concerns about the material and information which appears on our App, please contact support@ooni.com.  

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