Terms and conditions

Our Terms of Service were last updated on 08-15-2022.

Please read these terms and conditions carefully before using Our Service.

OSORTOO – About us ?

Our brand simplifies and improves the management of all types of events and contests. Osortoo automates and propels the marketing strategy of your project in order to enhance and increase the engagement of your audience.

INTERPRETATION & DEFINITIONS 

Interpretation:

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions:

For the purposes of these Terms of Service:

  • Account” means a unique account created for You to access our Service or parts of our Service.
  • Company” (referred to as either «the Company», «We», «Us» or «Our» in this Agreement) refers to Osortoo.
  • Country” refers to Canada.
  • Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Service” refers to the Website.
  • Terms of Service” (also referred as «Terms«) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service. 
  • Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website” refers to Osortoo accessible at osortoo.com
  • You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • Confidential Information” means all confidential information disclosed by a party («Disclosing Party») to the other party («Receiving Party»), whether orally or in writing, that is designated as confidential.

Confidential Information includes all information concerning: the Disclosing Party’s customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. 

Confidential Information does not include any information that 

— is known to the public without breach of any obligation from Osortoo, 

— is received from a third party without breach of any obligation owed to the disclosing Party, or was independently developed by the Receiving Party. 

Subject to the foregoing exclusions, Customer Data will be considered Confidential information under this Agreement regardless of whether or not it is designated as confidential.

  • «Customer Data» means all information that you submit or collect via the usage of our Service except Osortoo content.
  • «Customer Materials» means all materials that you provide or post, upload, input or submit for public display through the usage of our Service.
  • “Personal Data” means any information relating to an identified or identifiable individual where such information is contained within Customer Data and is protected similarly as personal data, personal information or personally identifiable information under applicable Data Protection Laws.

“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed by us and/or our Sub-Processors in connection with the provision of the Subscription Services. 

  • “Processor” means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.
  • “Sub-Processor” means any Processor engaged by us or our Affiliates to assist in fulfilling our obligations with respect to the provision of the Subscription Services under the Agreement.  Sub-Processors may include third parties or our Affiliates but will exclude any Osortoo employee or consultant

Osortoo Obligations

  • Compliance. We will only Process Personal Data for the purposes described in this term or as otherwise agreed within the scope of your lawful Instructions, except where and to the extent otherwise required by applicable law. We are not responsible for compliance with any Data Protection Laws applicable to you or your industry that are not generally applicable to us.
  • Conflict of Laws. If we become aware that we cannot Process Personal Data in accordance with your Instructions due to a legal requirement under any applicable law, we will notify you of that legal requirement to the extent permitted by the applicable law; and where necessary, cease all Processing until such time as you issue new Instructions with which we are able to comply. If this provision is invoked, we will not be liable to you under the Agreement for any failure to perform the applicable Subscription Services until such time as you issue new lawful Instructions with regard to the Processing.
  • Security. We will implement and maintain appropriate technical and organizational measures to protect Personal Data from Personal Data Breaches. Notwithstanding any provision to the contrary, we may modify or update the Security Measures at our discretion provided that such modification or update does not result in a material degradation in the protection offered by the Security Measures. 
  • Confidentiality. We will ensure that any personnel whom we authorize to Process Personal Data on our behalf is subject to appropriate confidentiality obligations (whether a contractual or statutory duty) with respect to that Personal Data.
  • Personal Data Breaches. We will notify you without undue delay after we become aware of any Personal Data Breach and will provide timely information relating to the Personal Data Breach as it becomes known or reasonably requested by you. At your request, we will promptly provide you with such reasonable assistance as necessary to enable you to notify relevant Personal Data Breaches to competent authorities and/or affected Data Subjects, if you are required to do so under Data Protection Laws.
  • Deletion or Return of Personal Data. We will delete or return all Customer Data, including Personal Data. 

This term shall apply except where we are required by applicable law to retain some or all of the Customer Data, or where we have archived Customer Data on back-up systems, which data we will securely isolate and protect from any further Processing and delete in accordance with our deletion practices. You may request the deletion of your Osortoo account after expiration or termination of your subscription by sending us a request. 

 

Sub-Processors

You agree that we may engage Sub-Processors to Process Personal Data on your behalf. We have currently appointed, as Sub-Processors, 

Bellow the current list os sub-precessor.

 

Third Party Sub-Processor

Purpose

cloudinary

Video and image creation

Digital Ocean : 

Hosting & Infrastructure

Google Inc tools (recaptcha)

Recaptcha, Analytics,

Cloudflare : 

Content delivery netword used a web infrastructure ans website security provider

PureChat : 

Chat system

Hubspot : 

CRM

Stripe : 

Payment

Paypal : 

Payment

Socialproofy : 

Marketing Social proof

Sendgrid

Mailing system

Mailgun

Mailing system

 

ACKNOWLEDGMENT

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

USER ACCOUNTS

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

TERMS AND CONDITIONS

By agreeing to use “Osortoo”, you (as an account holder) agree to be bound by the following terms and conditions.
“Osortoo” has the right to modify and update these conditions at any time without notice. Any new feature to improve the application will be subject to this contract. By continuously using these services after such changes constitutes your consent to these changes.
Any violation of any of the terms and conditions below will systematically result in the termination of your services and closure of your account.
“Osortoo” advocates respect and prohibits certain ethics in using its services. You understand and therefore accept that Osortoo can not be held responsible for the contents published by you or by other users (see our Content Policy). You agree to use the services at your own risk.

PAYMENTS AND SUBSCRIPTIONS

Subscriptions

Any subscription paid to Osortoo (“Osortoo Subscription”) is subject to the terms and conditions of this Policy. You will be billed in advance on a recurring and periodic basis. Your Osortoo subscription will automatically renew at the end of each billing cycle until you cancel it through your account management page.

Irrespective of the country you are residing in, you are responsible for all applicable taxes that arise from your subscription or purchase of Osortoo products and services. We apply taxes only in Canada  based on the rate applicable to the billing address you provide to us. These tax amounts in addition to the fees for such Osortoo products and services will be charged to your provided credit card. If you are exempt from paying these taxes, you must provide us with an original certificate that meets the applicable legal requirements and certifies this tax exemption. Remember, the tax exemption will only be applied from the date we receive such a certificate.

All payment are made in US dollars.

Demotion or Downgrade

Downgrading your Osortoo account may result in the loss of content or features in your account. To the extent permitted by applicable law, Osortoo does not accept any liability for such losses.

Cancellation

You can cancel your Osortoo subscription at any time, in which case your Osortoo subscription will end at the end of your next billing cycle. However, there will be no refunds or credits if the annual plan has been active for more than 30 days or for the upgrade / demotion refunds.

This refund policy does not apply to advertising fees, fully managed services, or special pricing plans and discounts.

However, you are solely responsible for the correct cancellation of your Osortoo account. Please note that an email or phone request to cancel your Osortoo account will not result in a cancellation. You can cancel your Osortoo account at any time via your account management page. Account cancellations are immediately confirmed and systematically stops the billing process unless you purchase a new one. You will not receive a refund for unused days in your billing cycle.

Credit card details

By paying the Osortoo subscription fees with a credit card, you guarantee that the credit card information you provide is correct and you have the right to use it in our System.

You agree that if your payment by credit card can not be processed for any reason, Osortoo may suspend or cancel your subscription without notice.

We are compliant to the Payment Card Industry Data Security Standards (PCI-DSS). 

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ALLOWED TO COLLECT OR ENTER CARD DATA IN FORM OR DATA AREAS IN THE OSORTOO SERVICES EXCEPT IN THE FIELDS INTENDED FOR THAT PURPOSE ONLY (that is to say when Osortoo explicitly allows the entry of these data in these fields). The appropriate fields are clearly marked with labels such as “card number” or having a credit card icon that precedes them (example: Visa or MasterCard).

Similarly, you should never collect or enter “Sensitive Authentication Data” as defined by the PCI standards (example: CVC or CVV2 data) in the Osortoo Services fields. You assume full responsibility for cardholder data entered into the Osortoo Services in violation of these terms.

Termination

Osortoo may terminate your account at any time without notice and in its sole discretion.

Termination applied by us are without liability to you, and we may refuse to provide you with any current or future use of its services.

USER RESPONSIBILITY

There is no automatic account registration. Every account, registered by “bots” or other automated methods are not allowed and will be terminated.

Once an account is not validated for more than 1 week, it will result to an immediate deletion of the account. 

One account per user

You can and you should only have one Osortoo account active and free at any time. If you do not comply with these terms, all your accounts may be terminated without notice.

Conduct

In the context of using the Osortoo tool, and without limiting your other obligations under these Osortoo Terms, you may not use any software, device or other manual or automated process to “recover” the web pages contained in the Osortoo Tool or Osortoo website.

Content policy

The survey content policy also applies to forms created in Osortoo and to your use of Osortoo. References to surveys in the survey content policy should be read as references to forms in the context of these Osortoo terms.

INTELLECTUAL PROPERTY AND CONFIDENTIALITY

You must respect the intellectual property rights of others and therefore have appropriate rights to any content included in your surveys or forms.

Osortoo is not liable for any intellectual property infringement on your part and can’t be held accountable. Osortoo will remove any content that is infringing upon intellectual property and copyright of others when such is reported to us. To report intellectual property infringement click here.

DMCA NOTICE AND DMCA PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact us via email. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service

Privacy Policy

Your use of Osortoo is governed by the Osorto Privacy Privacy Policy. You acknowledge that you are responsible for informing your surveyed audience of the forms that you have created through Osortoo, about how Osortoo uses the data submitted through these forms, as described in the Privacy Statement.

ILLICIT ACTIVITIES

It is strictly forbidden to use the Osortoo app and its services to engage in illegal activities or to promote dangerous and illegal activities such as the sale of drugs or human trafficking.

We have the right and power to remove any content that violates the applicable local laws.

To report content that you believe should be removed according to local laws, click here.

MALICIOUS AND DECEPTIVE PRACTICES   

It is strictly forbidden to share/transmit viruses, malware or any other malicious or destructive code. Similarly, you should not distribute any content that interferes with the operation of networks, servers, or other infrastructures. Finally, you can not use our services for phishing scams.

HATEFUL CONTENT  

Osortoo is a platform that promotes freedom of speech and expression. In this approach we do not support any content that encourages or tolerates violence against individuals or groups based on race, ethnicity, disability, sex, religion, age, nationality,  or sexual orientation.

HARASSMENT, INTIMIDATION AND THREATS

You can not and you should not engage in harassing, threatening or intimidating behavior, and do not encourage anyone to engage in such activities. Anyone using our Services for malicious abuse or threatening someone in an undesired way will have their content deleted or it will be permanently banned from using our services. In emergency situations, we can escalate imminent threats of serious law enforcement harm. Remember also that online harassment is illegal in many places and can have serious consequences for both the harasser and the victim.

Sexually explicit material  

The use of services prohibits the distribution of sexually explicit or pornographic material. Also generating any traffic to commercial porn sites is prohibited.

Violence  

It is incorrect and strictly forbidden to display violent or bloody content that is primarily intended to be offensive. If you publish graphic content in an informational, documentary, scientific or artistic context, be sure to provide enough information to help people understand what is happening. Finally, do not encourage others to commit specific acts of violence.

REGULATED SERVICES  

You can use the Osortoo services in several ways depending on your needs and especially the purpose.

Intellectual and cultural diversity means that we can not fit all ages in all countries. If your content promotes regulated goods and services, then you must apply the appropriate age and geography restrictions for that content where they are required. In the event that we receive claims that such content is targeting audiences in violation of applicable laws and regulations, we will delete your content or your account.

IMITATION, CONFIDENTIALITY AND IDENTITY THEFT

You may not use the Osortoo Services to deceive or confuse users by pretending to be someone else or by pretending to represent an organization that you do not represent.

Users provide answers and information and hope their information will be treated with respect and without abuse. We therefore encourage all our users to disclose and act in accordance with their privacy practices.

You are prohibited from claiming that a survey or form is anonymous when it is not.

It is also forbidden to impersonate others when submitting your survey or collecting information.

Misappropriation of account  

It is forbidden to access the account of another user without his authorization.

Using multiple accounts

It is also forbidden to create multiple accounts to escape from our policies or bypass the restrictions placed on your account. For example, if you have been blocked by another user or suspended for abuse, you can not create an account that engages in a similar activity.

Terrorist Content  

We do not give any terrorist organization permission to use Osortoo for any other purpose, including recruitment. Osortoo also strictly prohibits content related to terrorism, such as content that encourages terrorist acts, incites violence or celebrates terrorist attacks.

If you post terrorism-related content for educational, documentary, scientific, or artistic purposes, be sure to provide enough information for viewers to understand the context, or we may delete your content and even your account.

Spam 

We treat the email addresses of our users with respect and confidentiality, and expect our users who collect email addresses to do the same.

Fraudulence and security  

We strive to protect and secure the data of all our users. We take strong and specific measures to ensure that respondents are not misled by fraudulent or malicious processes, investigations or forms.

We will then delete any activity that attempts to collect social security numbers, credit card numbers, passwords, or other similar sensitive information.

We also remove any content that releases a person’s sensitive credentials against their will.

We will remove all contests, forms, surveys or other content intended to mislead the public or the respondents.

Our services should not be used to knowingly and artificially boost the ranking of a website or any search engine. 

Report potential problems 

If you notice content or a user that you believe violates the rules listed above, you can report it to us on our contact page.

CONTRACTING ENTITIES

Osortoo is a start-up that operates with the support of his main partner company Oshara Inc.

CONTACT US:

If you have any questions about our Terms & Conditions Policy, please contact us at [email protected]