Terms of Service

Acceptance of the Terms of Service

Welcome to Otto Engineer (a.k.a. “Otto” or “we” or “us” or the “Company”)! We are excited to have you as a user and member of the community. The following terms and conditions (collectively, these “Terms of Service ”) apply to your use of www.otto.engineer, including any content, functionality and services offered on or via Otto.engineer (the “Website”). The Terms of Service also include our Privacy Policy, which you can review here: Privacy Policy. Otto Engineer is built and maintained by ElseWare Inc. ("ElseWare").

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Otto, because by using the Website you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, you can either leave the Website (although we’ll be sad to see you go!), or contact us at ottoengineersupport@elseware.tech. We’ll be happy to hear your comments and suggestions.

Changes to the Terms of Service and the Website

Otto is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change. Of course, this document is publicly available on the Website, and you will be able to see the changes here for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.

Accessing the Website, Security and Privacy

We are working hard on improving Otto, but we can’t guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.

To access certain features of the Website you have to register by creating an account. You must treat your login information as confidential, not disclosing it to any third party and only using Otto in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password and that you log out from your account at the end of every session.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

Intellectual Property Rights and Use Guidelines

The Website and its original content, features and functionality, are owned by ElseWare and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to: ottoengineersupport@elseware.tech.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, or hacking the Website in any manner. No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.

Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of Otto is at your sole risk. The service is provided “as is” and “as available.” We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.

Publicity Rights

(a) You grant Otto the right to include your organization as a customer in Product promotional material.

(b) You can deny Otto this right by submitting a written request via email to ottoengineersupport@elseware.tech, requesting to be excluded from Product promotional material.

(c) Should you come to be or already be included in Product promotional material as a result of any prior purchases where you did not request exclusion from Product promotional material, you can, at any point in time, submit a written request via email to ottoengineersupport@elseware.tech to have us remove your organization name from Product promotional material. Upon receipt of such request, we will remove any reference to the organization from such promotional material within 30 days and make no further reference to it.

Geographic Restrictions

For now, we provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible, appropriate or legal outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Termination of Accounts

You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.

Governing Law and Jursidiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota.

Waiver and Severability

Our failure 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 constitutes the entire agreement between you and Otto and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Modification of the Terms

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, or giving you a notification on the Website). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Feedback

We welcome any comment, question and communication at ottoengineersupport@elseware.tech.

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