Last Updated: December 13, 2024
Welcome to Ouva!
These Terms of Service ("Terms") constitute a binding legal agreement between you and Ouva LLC ("Company," "we," "us," or "our"). By registering for, accessing, or using the web application Ouva (the "Service"), you agree to be bound by these Terms. Your use of the Service is also governed by our Privacy Policy, available at https://docs.ouva.co/security/privacy-and-data-policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must not access or use the Service.
1. Eligibility
By using the Service, you represent and warrant that you have the legal capacity to enter into a binding contract. If you are under 18 years of age (or the age of legal majority where you live), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
2. Accounts and Registration
To access the Service, you must register for an account and provide accurate, current, and complete information.
- Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (username and password). You agree to notify us immediately of any unauthorized use of your account.
- Responsibility: You are fully responsible for all activities that occur under your account, whether or not you authorized that activity.
3. Subscriptions, Trials, and Billing
The Service is provided on a subscription basis.
- Free Trials: We may offer a free trial period. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial expires.
- Billing: By providing a payment method, you authorize us to charge the applicable subscription fees on a recurring basis.
- Taxes: Subscription fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes.
- Cancellation: You may cancel your subscription at any time via your account settings in the app or through the Stripe customer portal. Cancellation will take effect at the end of the current billing cycle.
- Price Changes: We reserve the right to change subscription fees upon reasonable notice to you. Continued use of the Service after a price change constitutes your agreement to pay the new amount.
- No Refunds: All sales are final. We do not offer refunds for partial subscription periods or unused services, except where required by law.
- Note for EU/UK Customers: If you are a consumer residing in the EU or UK, you may have a statutory right to withdraw from your subscription within 14 days. However, by accessing the digital content immediately, you acknowledge that you lose this right of withdrawal.
4. User-Generated Content
You may upload, store, and share content, including images, text, videos, and 3D assets ("User Content").
- Ownership: You retain full ownership of your User Content. We do not claim ownership of the files you upload.
- License to Us: By uploading User Content, you grant Ouva LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and perform your User Content strictly as necessary to operate and provide the Service to you (e.g., hosting your files and displaying them in the app).
- No AI Training: We respect your creative rights. We do not use your User Content to train generative AI models or Large Language Models (LLMs) without your explicit written consent.
- Feedback License: If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Ouva LLC an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
5. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Illegal Acts: Violating any applicable laws or regulations.
- Abuse: Harassing, threatening, or defaming other users.
- Technical Harm: Uploading viruses, malware, or attempting to reverse engineer, decompile, or disassemble any part of the Service.
- Excessive Use: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, or using excessive bandwidth or storage as determined by us.
- Data Scraping: Using automated bots, scrapers, or spiders to access or collect data from the Service.
We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
6. Termination and Data Retention
- Termination: We reserve the right, in our sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Service for any reason, including without limitation violation of these Terms.
- Data Retention: Upon cancellation or termination of your account, we may retain your User Content for a commercially reasonable period (e.g., 30 days) to allow for account reactivation. After this period, we reserve the right to permanently delete your User Content from our servers. We have no obligation to return data to you after the termination of your account.
7. Intellectual Property Rights
The Service and its original content (excluding User Content), features, and functionality—including but not limited to the Ouva logo, design, code, and proprietary assets—are and will remain the exclusive property of Ouva LLC and its licensors. You agree not to copy, modify, or distribute the Company’s proprietary materials without our written permission.
8. DMCA / Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement ("Infringement").
If you are a Copyright Owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to our Copyright Agent at hello@ouva.co and include a detailed description of the alleged Infringement (a "DMCA Notice").
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
9. Third-Party Links and Services
The Service may contain links to third-party web sites or services that are not owned or controlled by Ouva LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that Ouva LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
10. Indemnification
You agree to indemnify, defend, and hold harmless Ouva LLC, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Service; (ii) your User Content; (iii) your violation of these Terms; or (iv) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OUVA LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SERVICE. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR THE DELETION, FAILURE TO STORE, OR BACKUP OF ANY USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUVA LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
13. Dispute Resolution: Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
- Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Class Action Waiver: You and Ouva LLC agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.
- Opt-Out: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending a written notice to hello@ouva.co.
14. General Provisions
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
- Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Ouva LLC regarding the Service and supersede and replace any prior agreements we might have had between us regarding the Service.
- Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
- Export Control: 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.
- Modifications: We reserve the right to modify these Terms at any time. If we make material changes, we will notify you (e.g., via email or in-app notice). Your continued use of the Service constitutes acceptance of the revised Terms.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Ouva LLC
Email: hello@ouva.co
