Terms of Service
Revised: August 2023
Please consider the following Terms of Service carefully as they affect your use of our Services and your rights.
Your Acceptance of the Terms of Service
By accessing or using any website, application, product, or service (collectively, the “Services”) made available by Entity OS (“Company” or “us”, “we”, "our" or "ourselves"), you acknowledge that you: (i) have read and agree to follow and be bound by these Terms of Service, together with any documents or policy they expressly incorporate by reference (collectively, the “Terms”); and, (ii) agree to comply with all applicable laws and regulations. "User," "you" and "your" refer to each customer, visitor, or user of any Service. If you access or use the Services on behalf of an entity (“company”, “organisation” or other form of entity), then: (i) "you" and "your" also refers to that entity; (ii) you represent and warrant that you are a representative of the entity with the authority to bind it to these Terms; and (iii) you agree to these Terms on the entity's behalf.
We may revise these Terms at any time and for any reason without notice to you. It is your responsibility to review these Terms periodically. If you do not accept or agree with these terms, you must not access or use this website or the services.
You agree that by using the site, any related applications, and the Services you are at least 18 years of age and you are legally able to enter into a contract. By registering to use any of the services, you are entering into a legally binding agreement with us.
Exclusion of liability to you from the use of the Services
The Services is provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Entity OS is not a law firm and does not perform services performed by an attorney. Entity OS provides the Services to you to enable filings using our technology solutions. We review your submission for filing errors however, we never review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defences, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Our Services are not substitutes for the advice or services of a lawyer and using the Services does not create a lawyer-client relationship and associated privileges.
Entity OS endeavours to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, we cannot guarantee that all of the information provided in the Services is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law relates to specific matters, and no general information or Services like the kind Entity OS provides can fit every circumstance. The Services are not customised to your particular needs. Furthermore, the legal information contained in the Services is for informational purposes only and is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific issue, or if your specific issue is too complex to be addressed by our tools, you should consult a qualified lawyer in your geographic area.
Any and all liability to you that may arise from your access to and use of the Services whether due to negligence, breach of duty or otherwise, is excluded to the maximum extent permitted by law.
No warranty is given that the functionality of the Services will be uninterrupted or error free, that defects will be corrected.
We are not responsible for the content of third-party websites (not owned or managed by Entity OS) that link to the Services, nor are we responsible for the content of any website to which links are provided from the Services. Links to third-party websites are provided purely for your convenience and do not imply that we approve of those sites.
Fees
In certain instances, we may charge a fee for use of the Services. You are responsible for any fees applicable to content that you post or other features, products, services or licenses you purchase. You authorise us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees.
Except as required by law or otherwise stated on the site or in the services, all fees are non-refundable and payments and purchases may not be cancelled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time at our sole discretion.
In the event that Entity OS suspends or terminates your access to Services or these Terms due to a breach by a User of any agreement with us, you understand and agree that you shall receive no refund or exchange for any unused time or service on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
Entity OS reserves the right to change the fees for its Services from time to time. User will be notified of any change to existing fees. If a fee increase or change to this Agreement is not acceptable to User, User may notify Entity OS prior to the time when such fee increase or change to this Agreement takes effect. User’s continued use of the Services beyond the cancellation window constitutes User’s agreement to those changes.
Services Availability
Entity OS makes no representations or warranties about the Services’s uptime, availability, or permissibility in any particular geographical location. From time to time, scheduled or emergency system maintenance or changes may occur, and during such periods, the Services may be inaccessible and unavailable, with or without notice to User.
Changes to Services
We may, without prior notice to you, change the Services, stop providing the Services or features of the Services, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services for any reason, without notice and with no liability of any kind, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. Any data, account history and account content residing on the servers running the Services may be deleted, altered, moved or transferred at any time for any reason in our sole discretion, with or without notice and with no liability of any kind. Entity OS does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the servers running the Services.
Change to Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following changes to Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Security
You may be asked to provide certain registration details, verification (including one-time-password “OTP”) or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to access this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You may assess some services outside of an account, including the use of forms or other methods, by using the Services, you consent to an account being created for you.
You agree to notify us immediately of any unauthorised access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing the Services from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You may be held liable for any harm Entity OS incurs as a result of another person's use of your credentials to access the Services.
Intellectual Property Rights
Entity OS or its partners retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Services. If you give feedback on the Services, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Services without compensation to you. We reserve all rights in and to the Services unless we expressly state otherwise. The Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Except as explicitly provided herein, nothing in the Terms shall be deemed to create a license in or under any intellectual property, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited.
The Services and all material therein, including without limitation, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of content, contained in the Services is owned, controlled, or licensed by Entity OS, and is protected by copyright, patent and trademark laws, and other various intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Services maybe be copied, reproduced, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Entity OS’s express written consent.
You may download publicly-available Content on the Services only for your personal, non-commercial use, provided that: (i) you keep intact all copyright and other proprietary notices; and/or, (ii) if your copying or use of copyrighted materials on the Services is other than “fair use” under federal copyright laws, you must seek permission directly from us. This permission terminates automatically without notice if you breach any of the provisions, terms or conditions of these Terms. On any such termination, you agree to immediately destroy any downloaded or printed materials. Any unauthorised use of any materials contained in the Services may violate copyright laws, trademark laws, laws of privacy, other intellectual property rights and unfair competition laws, and, publicity and communications regulations and statutes.
Trademarks
The Company name all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Activities
You agree not to harm the Services and not to access or use the Services to harm others, including Entity OS. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to: (i) access or use the Services in a manner that is harmful, threatening, harassing, or otherwise objectionable to others; (ii) impersonate others or misrepresent or conceal your identity or your affiliation with others; (iii) solicit, access, disclose, or use the sensitive information (includes personally identifiable information, confidential information, or other proprietary or valuable information) of others either without their permission or in an otherwise objectionable manner; (iv) violate or infringe the intellectual property rights or other proprietary rights of others; (v) circumvent or otherwise interfere with security, access or usage restrictions, or other measures employed to control, restrict, or prevent access to the Services or other information contained on or obtained from or through the Services; (vi) damage, disable, interfere with, overburden, or otherwise impairs the Services or any computer software or hardware or electronic communications equipment; (vii) use any content or other information contained on or obtained from or through the Services, except as provided for in these Terms or with our prior written permission; (viii) copy or modify the Services or otherwise affects the display of the Services provided; (ix) distribute, sell, lease, or make any portion of the Services available for access by third parties in any manner other than as provided; (x) use automated or any other unauthorised means to modify, reroute, access, or use the Services; (xi) reverse engineer or otherwise attempt to derive source code of the Services; (xii) develop or operate a product or service that is competition with the Services or that uses ideas, features, functions, or graphics similar to those of the Services, or copy ideas, features, functions, or graphics of the Services; (xiii) access or uses the Services for unauthorised advertising, marketing, or communication or for other unauthorised commercial purposes; (xiv) attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Services, technology assets used by the Services, or attempt to interfere with the proper working of the Services in any way; (xv) attack the website via a denial-of-service attack or a distributed denial-of-service attack; (xvi) violates any law or regulation or these Terms; and, (xvii) attempt any of the foregoing or assist or permit, or encourage others to do so.
User Content
Some parts of the Services permit Users to post content such as profile or transaction information, ratings, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Services "User Content"). We are not the publisher or author of the User Content. We take no responsibility for and assume no liability for any content posted by you or a third party. You retain ownership of your User Content and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and, (ii) all of your User Content do and will comply with these Terms.
Additional Terms
These govern the agreement between Entity OS and you. Some Services may be subject to additional policies, guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditional on your agreement to the Additional Terms. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will take precedence for that Service, unless the Additional Terms expressly state that these Terms has precedence.
Privacy Policy
Please refer to Entity OS’s Privacy Policy (os-entity.com/privacy) for information on how Entity OS collects, uses, and discloses information.
Electronic Transmission
These Terms, and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were an original signed version thereof, delivered in person.
Events Beyond Our Control
Entity OS is not responsible or liable for any delays or failures in performance from any cause beyond our control, including, but not limited to, acts of God, changes to laws or regulations, embargoes, wars, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions, acts of hackers, acts of internet service providers, acts of any other third party, or acts or omissions of any User.
Without limiting the generality of the foregoing or other sections of these Terms, the Services rely on third-party technology and services, such as application programming interfaces and cloud hosting services. Any change to the products or services offered by any of these third-party providers may materially and adversely affect, or entirely disable, User’s use of or access to the Services. Likewise, Entity OS cannot guarantee that any User Content hosted on a third-party server will remain secure.
Waiver and Severability
If any provision of these Terms is unlawful, void or unenforceable, then that provision will be deemed severable from the remaining provisions and will not affect the validity and enforceability of such remaining. The failure by Entity OS to enforce any provision in these Terms will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Entity OS without restriction.
Indemnification
You agree to defend, indemnify, and hold harmless Entity OS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorised in these Terms of Use, or your use of any information obtained from the Services.
Disclaimer of Warranties
The services are provided on an "as is" and "as available" basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Entity OS or through the Services will create any warranty not expressly stated herein. Without limiting the foregoing, Entity OS and its licensors do not warrant that the content is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Services.
Entity OS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Entity OS services or any link to third-party websites. Entity OS will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall Entity OS or its affiliates, licensors, suppliers or any other party involved in creating or delivering the services be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that arise from or relate to the services. Under no circumstances will Entity OS be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Services or your user account or the information contained therein.
To the fullest extent permitted by applicable law, Entity OS assumes no liability or responsibility for: (i) any errors, mistakes, omissions or inaccuracies of content; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; (vi) any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (vii) any user content or the defamatory, offensive, or illegal conduct of any third party. Entity OS explicitly disclaims any and all liability and/or responsibility for any disclosure of information that may be deemed confidential by you or any third party. In no event shall Entity OS, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Entity OS hereunder. Except for Entity OS's obligations with respect to your "confidential information" expressly set forth above, Entity OS explicitly disclaims any and all liability and/or responsibility for any disclosure of information that may be deemed confidential by you or any third party. In no event shall Entity OS, its affiliates, licensors, or suppliers be liable to you for any action, claim, damage, loss, liability, cost, or expense in an amount exceeding the amount you paid to Entity OS hereunder.
This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Entity OS has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Indemnification
Except to the extent prohibited by law, you will indemnify and defend Entity OS and its affiliates, employees, advisors, board members, licensors, and suppliers, successors, and assigns, and their respective representatives, affiliates, licensors, or suppliers, from and against any action, claim, damage, judgments, penalties, fines, demands, disputes, loss, liability, cost, or expense (including reasonable legal fees) arising from or related to the access or use of the Services by you or through your user account or any violation of these Terms by you or through your user account.
Entire Agreement
These Terms, the Privacy Policy and Additional Terms constitute the sole and entire agreement between you and Entity OS regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Contact
The Services are operated Entity OS. All feedback, comments, requests, and other communications relating to the Services should be directed to [email protected].