Terms & Conditions

— Please read these terms and conditions carefully before using our service.

OSORTOO – About Us?

Our brand simplifies and optimizes the management of all types of events and contests. Osortoo automates and energizes your project’s marketing strategy to increase audience engagement.

INTERPRETATION AND DEFINITIONS

Interpretation:

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

Definitions:

For the purposes of these Terms of Use:

• “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.
• The term “Content” refers to any content such as text, images, or other information that you can publish, upload, link to, or otherwise make available, regardless of the form of that content.
• “Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• “Feedback” means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Service.
• The term “Service” refers to the Website.
• The “Terms of Use” (also referred as “Terms“) mean these Terms of Use 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.
• The term “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: customers and potential customers of the disclosing party, 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 publicly known without any breach of any obligation on the part of Osortoo, – is received from a third party without breach of any obligation to the disclosing party, or has been independently developed by the receiving party. Subject to the foregoing exclusions, customer data will be considered confidential information under this agreement, whether or not designated as such.

• “Customer Data” means all information that you submit or that you collect through the use of our Service, excluding Osortoo content.

• “Customer Documents” means all documents that you provide, publish, upload, enter or submit for public display through our Service.
• “Personal Data” means any information relating to an identified or identifiable natural person, when such information is contained in customer data and is protected in the same manner 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 destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, personal data transmitted, stored or otherwise processed by us and/or our subprocessors in connection with the provision of subscription services.

• “Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
• “Subprocessor” means any processor that we or our affiliated companies engage to assist us in fulfilling our obligations relating to providing the subscription services under this agreement. Subprocessors may be third parties or our affiliated companies, but exclude any employee or consultant of Osortoo.

Osortoo Obligations

• Compliance. We only process your personal data for the purposes described in this clause or in accordance with your lawful instructions, unless otherwise required by applicable law. We are not responsible for compliance with data protection laws that apply to you or to your industry and are not generally applicable to us.
• Conflict of Laws. If we determine that we cannot process your personal data in accordance with your instructions due to a legal obligation, we will inform you to the extent permitted by applicable law and, where appropriate, we will cease all processing until you provide us with new compliant instructions. If this provision is explosive, we will not be liable to you under this agreement for any failure to perform the relevant subscription services until you provide us with new lawful processing instructions.
• Security. We will implement and maintain appropriate technical and organizational measures to protect personal data against data breaches. Notwithstanding any provision to the contrary, we may modify or update security measures at our discretion, provided that such modification or update does not result in a significant degradation of the protection offered by the aforementioned measures.
• Confidentiality. We will ensure that all personnel we authorize to process personal data on our behalf are subject to appropriate confidentiality obligations (whether contractual or legal) regarding such personal data.
• Personal Data Breaches. We will promptly inform you of any personal data breach as soon as we become aware of it and provide you with timely information regarding that breach, as soon as it becomes known or upon reasonable request from you. At your request, we will promptly provide you with the necessary assistance to enable you to notify the relevant personal data breaches to the competent authorities and/or to the data subjects, if data protection legislation requires it.
• Deletion or return of personal data. We will delete or return all customer data, including personal data.

This clause applies unless applicable law requires us to retain all or part of the Customer Data, or if we have archived Customer Data on backup systems, in which case we will isolate them and protect them securely against any further processing and delete them in accordance with our deletion procedures. You may request the deletion of your Osortoo account after the expiration or termination of your subscription by sending us a request.

Subprocessors

You agree that we may engage subprocessors to process your personal data. We have currently designated, as subprocessors, Below is the current list of subprocessors.

Subprocessors	Purpose
Cloudinary	Video and image creation
Digital Ocean	Hosting and infrastructure
Google Inc. Tools (reCAPTCHA)	reCAPTCHA, Analytics
Cloudflare	Content delivery network uses web infrastructure and website security provider
PureChat	Chat system
Hubspot	CRM
Stripe	Payment
PayPal	Payment
Social Proof	Social marketing proof
Sendgrid	Email system
Mailgun	Email system

ACKNOWLEDGMENT

These General Terms of Use govern the use of this Service and constitute the agreement entered into between you and the Company. They accept 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 current Terms of Use. These Terms of Use 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 Use. If you disagree with any part of these Terms of Use, 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 Company’s Privacy Policy. 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. It also informs you about your data protection 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 with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether 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, a name that is not legally available, a name or trademark that is subject to rights belonging to 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 general terms and conditions. “Osortoo” reserves the right to modify and update these terms at any time and without notice. Any new functionality aimed at improving the application will be subject to this agreement. By continuing to use these services after such changes, you accept these changes. Any violation of the general terms and conditions below will systematically result in the termination of your services and the closure of your account. “Osortoo” encourages respect and prohibits certain ethical practices in the use of its services. You therefore understand and agree that Osortoo cannot be held responsible for content posted 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 & Refund

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, it is important to note that the refund or credit eligibility will vary depending on the specific plan you have chosen. Please find the refund policy for each plan outlined below:

• Cancellation for 1-Month Plan: A refund is available for cancellations within the first 7 days of purchase; after this period, no refunds or credits will be issued.
• Cancellation for Lifetime Plan: Requests for cancellations and full refunds are accepted within 30 days from the date of purchase for the Lifetime Plan. No refunds or credits will be provided beyond the 30-day grace period.
• Cancellation for 1-Year Plan: Refunds are available for 1-Year Plan cancellations requested within 14 days from the subscription date; no refunds or credits will be provided after this 14-day period, regardless of the plan’s active duration.
• Please note that Osortoo may have variations in the prices of products based on geographical location or specific promotional offers.

Refunds will not be applicable in the mentioned cases.

• Refunds will not be provided for our services that have been successfully utilized or carried out. Once our service has been accessed or completed, it is considered fulfilled, and refund requests will not be entertained.
• Unfortunately, the product suggestion cannot be fulfilled. Osortoo encourages you to read the product description and try the free trial version before making the final purchase decision.
• If you suspect any fraud or unauthorized payment, Osortoo recommends that you promptly get in touch with your card issuer. Since Osortoo collaborates with an independent payment platform, we do not have the capability to monitor payment authorization in such cases.
• Osortoo will not entertain any requests for a ‘change of mind refund.
• Refund requests for renewal orders based on personal reasons, including claims of being unaware of the renewal or no longer requiring the service, will not be entertained by Osortoo. It is of utmost importance to recognize that auto-subscriptions can be canceled at any time before the scheduled deduction.
• Refunds for product purchases made from individuals, resellers, or online sites (such as Appsumo, etc.) will not be accepted by Osortoo.
• Refunds will not be granted for advertising fees, fully managed services, or special pricing plans and discounts.
• The unused days in your billing cycle will not be subject to refunds.
• The upgrade or demotion of plans is not eligible for any refunds.

Note: It is essential to recognize that the responsibility for the accurate cancellation of your Osortoo account lies solely with you. Kindly also note that requests made via email or phone for account cancellation will not be considered valid. To proceed with the cancellation of your Osortoo account, please utilize the account management page, where you can effectuate the cancellation at any time. Once the account cancellation is confirmed, the billing process will be halted immediately, unless a new purchase is made.

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 allow any terrorist organization to use Osortoo for other purposes, including recruitment. Osortoo also formally prohibits any content related to terrorism, such as content encouraging terrorist acts, inciting violence or glorifying terrorist attacks. If you publish content related to terrorism for educational, documentary, scientific or artistic purposes, be sure to provide enough information for viewers to understand the context, otherwise we may delete your content or even your account.

Spam

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

Fraud and security

We strive to protect and secure the data of all our users. We take strict and precise measures to ensure that respondents are not misled by fraudulent or malicious processes, surveys or forms. We will then delete any activity aimed at collecting social security numbers, credit card numbers, passwords or other similar sensitive information. We also delete any content that discloses a person’s sensitive identification information against their will. We will delete all contests, forms, surveys or other content intended to mislead the public or respondents. Our services must not be used to knowingly and artificially improve the ranking of a website or 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 via our contact page.

CONTRACTING ENTITIES

Osortoo is a startup that operates with the support of its main partner company, Oshara Inc.

CONTACT US:

If you have any questions regarding our general terms and conditions policy, please contact us at [email protected].