Welcome to Oogway, a revolutionary AI assistant that will help users make decisions regarding a wide range of products and services. The application (web & mobile) and service described herein (collectively the “Service”) are provided by Oogway Technologies Corp., a Delaware corporation.
1. Description of Service
Our Service provides you with the most efficient way to make a decision regarding various products and services. You can search using different criteria, compare options and make a decision, all of it by chatting with our AI bot or using other features like social polling etc. When you inform Oogway what you are looking for, Oogway will quickly provide recommendations based on your requirements.
As a condition to using the Service, you are required to create an account by registering with us directly. The Service is not targeted toward or intended for use by anyone under the age of 18. By creating an account, you represent and warrant that you are 18 years of age or older. In that registration process, we require that you provide certain information, such as your full name and email address, date of birth, gender, personal preferences about food and restaurants, and social media profile links (if applicable); and that you create a unique password. A security code will be sent to your email address to confirm your identity.
You may not use the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, or obscene.
3. App License Terms
Our mobile application is designed for devices using the iOS and Android mobile operating platforms. The iOS application may be downloaded from the App Store, which is operated and owned by Apple Inc.; the Android application may be downloaded from Google Play, which is owned and operated by Google Inc. once the app is made publicly available. Please note that it is your responsibility to ensure your mobile device meets all of the necessary technical specifications to enable you to access and use our application.
We grant to you a limited, non-exclusive, non-transferable license to use the application solely for your own personal use and not for resale, further distribution, or to render any commercial services. You are not allowed to transfer, assign, sub-license, sell, lease, rent or otherwise distribute the application or any part of it. In no event shall your use include any attempts to copy, reproduce, change, reverse-engineer, de-compile, disassemble, translate, make derivative works, enhancements, extensions or add-ons, modify, adapt or otherwise alter any portion of the application. Any attempt to do so is a violation of our rights or our licensors. If you breach this restriction, you may be subject to prosecution and damages. These terms will govern any upgrades provided by us that may replace and/or supplement the application, unless such upgrades are accompanied by a separate license in which case the terms of that license will govern.
Any third party software provided as part of the Service will be licensed to you on the terms of this Section unless a separate license agreement is provided to you in which event the separate license agreement will apply to your use of the specific third party component.
4. Upgrades Updates and Additional Software
5. No Fees
6. Disclaimers/ Acknowledgements
By using the Service, you acknowledge and agree to the statements in this Section 6. All material and information presented by us is intended to be used for personal, educational or informational purposes only; you may not sell or resell any products you purchase or otherwise receive from us.
We cannot guarantee the accuracy, completeness, or accuracy of our Service and do not accept responsibility for its use. By using this Service, you agree to defend, hold harmless and indemnify Oogway Technologies Corp., a Delaware corporation , and its affiliates from and against any and all claims, suits, or damages of any kind related to your use of the Service or any other events in which you are involved, before, during or after your use of the Service.
Advice, graphics, images, videos, and information contained on our Service are presented for general educational and information purposes only. The information contained in our Service is to be used at your own risk based on your own judgement. You assume full responsibility and liability for your own actions. Failure to follow safe practices could result in severe personal injury (including death) to you or bystanders.
YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND RESTAURANTS. WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR BACKGROUND SCREENINGS ON RESTAURANTS, SERVICE USERS, OR VERIFY ANY STATEMENTS MADE BY BUSINESSES OR OUR USERS. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN, AND ASSUME ALL RESPONSIBILITY FOR, ALL INTERACTIONS WITH BUSINESSES AND OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICE OR MEET IN PERSON. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES RESULTING FROM ANY INTERACTIONS WITH ANYONE ARISING FROM USE OF THIS SERVICE, OR ANY PROMOTIONAL OR MARKETING INFORMATION OR SERVICES PROVIDED BY US.
We allow you to upload certain content on the Service, including photos, videos, comments, messages, suggestions and feedback (“Content”). Please read this section carefully before posting, uploading, or otherwise making available any Content on the Service.
You may be able to share your Content with other users via the Service. It must be emphasized that we cannot prevent other users from taking screenshots or captures or from downloading your Content and subsequently making your Content publicly available. We and other users may retain and continue to use, host, display, store, cache, reproduce, publish, transmit, modify, re-format, re-arrange, distribute, and create derivative works of any of your Content that you have posted to the Service. If the potential for public dissemination of your Content concerns you, please do not share that Content.
By submitting Content to us, you represent and warrant that:
• You understand you are participating in a public forum and that your Content will be available to all other users of the Service;
• All Content that you post is accurate;
We reserve the right, but are under no obligation to review any of your Content for any purpose, including but not limited to, for accuracy, legality or non-infringement. You may remove your Content from the Service at any time; however, you acknowledge that we may retain archived copies of your Content.
By making your Content available to our Service, you are granting us a non-exclusive, royalty-free, worldwide license to use, host, display, store, cache, transmit, modify, re-format, re-arrange, and adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of your Content. The rights you grant to us are for the limited purpose of operating and providing the Service and producing revenue therefrom, marketing and improving the Service, and allowing us to develop new services. The reference in this license to "derivative works'' is not intended to give us a right to make substantive changes or derivations to your Content, but does enable other users to redistribute your Content by means of their own accounts in a manner that allows users to, for example, add captions, text, commentary, filters, photo-editing, or other Content in connection with your Content. Please note that you also irrevocably grant the users of the Service the right to access Your Content in connection with their use of the Service. You irrevocably waive, and cause to be waived, against us or any users any claims and assertions of moral rights or attribution with respect to your Content.
As between you and us, you own your Content, and we own all Oogway Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of user Content and other Service content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding your Content, user Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with our Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. You may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of our Content, in whole or in part ,except as expressly authorized by us. Except as expressly provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and our Content are retained by us.
You agree that we may publicly display advertisements, paid content, and other information nearby or in association with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content). We may also impose limits on certain features and services or restrict your access to parts or all of the Service, or any Content, without notice or liability.
8. Responsibility for Content
Users of the Service may post copyrighted information which has copyright protection whether or not it is identified as copyrighted. We reserve the right, but have no obligation, to monitor such Content, and, as such, we do not control or guarantee the accuracy, integrity or quality of user Content. You acknowledge that by using the Service, you may be exposed to user Content that is offensive, indecent or objectionable.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service. We also do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on the Service, or transmitted to users.
You can access features through the Service that allow you to book, purchase, and transact online with various restaurants, hotels and consumer product retailers . These features may be provided by our third-party partners, and their use may be governed by different or additional terms presented to you as part of the transaction process. Please note that such third-party partners themselves are responsible for fulfilling such transactions .
11. Links to Other Sites
Links to third party websites are not endorsements or referrals of any products, services or information contained in such websites. Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned in or on the Service. Mention of these products, manufacturers or service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by users as offensive.
12. Use Restrictions
You represent and warrant that you will not use the Service to:
We reserve the right, but are not obligated to, investigate and terminate your participation in the Service if you have misused the Service, or violated any of the restrictions above.
13. No Warranties
WE PROVIDE THE SERVICE AND RELATED INFORMATION AND MATERIALS ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
We do not warrant that your use of the Service will be reliable, secure, uninterrupted, always available, or error-free, that any defects in the Service will be corrected, or that the Service is free of viruses or other harmful components.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of text messaging on account of technical problems or traffic congestion on the Internet, on the Service, on any website or any combination thereof, including injury or damage to your mobile device or other hardware or software, related to or resulting from using or downloading materials in connection with the Service.
No oral or written information or advice provided by us, our agents or employees shall create a warranty or in any way. We reserve the right to modify, suspend or stop providing access to the Service at any time without notice and without obligation or liability to you.
You will be solely responsible for any damage that results from your use of the Services. We will have no responsibility or liability to you for third party products made available through our Service and any claims or disputes by you regarding these products must be brought directly to and shall be the responsibility of, that third party vendor.
15. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DAMAGES ARISING FROM YOUR USE OF, OR ANY THIRD PARTY’S USE OF, OR INABILITY TO USE, THE SERVICE, MOBILE APPLICATION OR ANY PRODUCTS RELATED THERETO (WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND ARISING FROM ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT OR TORT, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE FOR LOSS OF YOUR DATA, INFORMATION, CONTENT OR OTHER INFORMATION IN CONNECTION WITH THE USE OF SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
16. Term and Termination
17. Audit Rights
18. Intellectual Property Rights
All Intellectual Property Rights in and to the Service shall be owned by us absolutely and in their entirety. These rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners. You may not remove or alter any trademark, trade names, service mark, product names, logo, copyright or other proprietary notices, legends, symbols or labels featured on the Service.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on our Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Provider.
E-mail and text communications sent from us to you are designed to make your experience more efficient and enjoyable. You specifically agree to accept and consent to receiving e-mail and text communications initiated from us, which include, without limitation: e-mails and texts informing you of new and existing features we provide. Standard text messaging charges applied by your mobile device carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service.
20. Surveys and Feedback
We may periodically present you with surveys or solicit your opinion about the Service. You acknowledge that your participation in these types of programs is completely voluntary. By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these surveys, any suggestion or feedback webpages, or through any other communication with you, you acknowledge and agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (e) the suggestions and feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
WE DO NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SERVICE UNLESS OTHERWISE STATED AND ARE THEREFORE NOT LIABLE OR RESPONSIBLE FOR SUCH PROMOTIONS.
22. DMCA, Copyright and Other Complaints
We promote respect for the Intellectual Property Rights of others in all of our business endeavors and strictly prohibit users from uploading infringing Content to the Service. We may, in our sole discretion, refuse or remove Content that appears to infringe on the Intellectual Property Rights of others. It is our policy to respond to and investigate claims of copyright and other Intellectual Property Rights infringement. We have a policy of terminating the access of users who are repeat infringers in appropriate circumstances.
You may notify us of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will respond expeditiously to notices of alleged infringement sent pursuant to the DMCA.
In order to notify us of a copyright infringement claim pursuant to the DMCA, you must include:
The notice described above should be sent to us via email using the address at email@example.com.
Please note that in order to facilitate resolution of the dispute, we may provide your contact information to the user or entity that posted the Content that you are reporting; or in the event that you are the alleged infringer and provide a counter-notice, to the user or entity that filed the original claim. Please also note that you may be liable for damages (including costs and attorneys' fees) if you knowingly and materially misrepresent that material or an activity that is infringing your copyright.
23. Other Complaints
If you reasonably believe that Content made available through the Service infringes your rights, please email us at firstname.lastname@example.org
24. No Agency
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
26. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
29. Compliance with Law
By using our Services, you are representing and warranting to us that you are compliant with all applicable laws and regulations. You agree to indemnify and hold harmless Provider for any fines, costs, liability, or expenses (including attorney’s fees) arising out of your breach of the foregoing obligations.
30. Governing Law
31. Entire Agreement