We (the folks at Optwell.bio are on a mission to make the workplace a better place. We hope you love our products and services as much as we love creating them. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. **If you don’t agree to these Terms, don’t use our services.**
if you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below.
These Terms available under a Creative Commons Sharealike license by-sa 4.0, which means that you’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise them so that your Terms of Service reflect your actual practices. They are made originally and open sourced by Automattic. You can grab a copy of these Terms and other legal documents on Legalmatic
These Terms govern your access to and use of the products and services, as well as content, we provide through a Slack application, including all the app features, contents, posts, files, images, text, graphics, interactions etc ("App"), our website www.optwell.bio, email ("Services").
The App is only allowed to access by a user of a Slack workspace ("Workspace") where the App is installed, provided it’s installed by an authorised admin who is allowed to install the App in this Workspace, and subject to the onging approval of this Workspace by us. These Terms govern your access to and use services we provide through or for Optwell.bio. Please note that commerce-related products and services are intended for commercial use and you acknowledge that your use is that of a representative of a business (as defined by applicable law) and not that of a consumer.
These Terms also govern visitors’ access to the Optwell.bio App. Please note though that the operators of those Workspaces also have their own separate terms of use. Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes. You’re solely responsible for compliance with all applicable rules and regulations
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response. We may limit your access to our Services until we’re able to verify your account information, like your email address. When you create an Optwell.bio account and/or install the App, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message. You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a blog post you write about your boss, that’s on you. Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. If you'd like to learn about how we handle the data you provide us, please see our Privacy Policy.
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
We haven’t reviewed, and can’t review interactions, responses or related third party content that interacts with our
App, including by other users and apps of a Workspace. All of the content (like text, photo, video, audio, code, computer software,
items for sale, and other materials) posted to or made available or appearing in Workspaces that the App is interacting with
through or our Services by users or anyone else (“Content”). This also applies to
third party websites we we link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
* We are not responsible of any Content or action taken by a user of Workspace the App is installed in
* We don’t have any control over third-party websites, Slack apps, Slack interactions and actions
* A link to or from one of our Services does not represent or imply that we endorse any third-party website>
* We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
* You’re fully responsible for the Content available on your website and Slack workspaces, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
* We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
* We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
**Fees for Paid Services.** Some of our Services are offered for a fee, (collectively, “Paid Services”). This section applies to any purchases of Paid Services.
By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of fees, like some that are one-time, recurring, revenue-based, or based on an advertising campaign budget that you set. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
**Taxes.** To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.
**Payment.** You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can't charge your primary payment method.
**Automatic Renewal.** By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it'll automatically renew and we'll charge your payment method(s). You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
You can view your renewal date(s), cancel, or manage subscriptions in your settings or by contacting the support team.
**Fees and Changes.** We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
**No-Show Policy.** We also have a “no-show policy” for Paid Services that require your participation. This means that if you don’t show up for, don’t participate in, or are late for a scheduled session, you’ll still be charged for the Paid Service and won’t be entitled to a refund.
**Refunds.** We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
**Failed Payment.**In the event of payment failure or non-payment or charge back of Paid Services within the stipulated time frame, we reserve the right to instantly cancel or revoke your access to the Paid Services
**Reject Transactions.**We may refuse, condition, or suspend any transaction or account if we believe you have violated the Agreement or that your activities or transactions expose you, us, or others to unacceptable risks, as determined by us in our sole discretion.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
Our mission is to make the workplaces a better place, and our Services are designed to promote interaction and dialogs
We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
* Will be in strict accordance with the Agreement;
* Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
* Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
* Will not infringe or misappropriate the intellectual property rights of Automattic or any third party;
* Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
* Will not disclose the personal information of others;
* Will not be used to send spam or bulk unsolicited messages;
* Will not interfere with, disrupt, or attack any service or network;
* Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
* Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
* Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
Optwell.bio enables you to get general health oriented interactions, and we would love for you to use it. An Optwell.bio account also allows to connect the Optwell.bio app to a Slack workspace to sign into some of our other Services. Some basic service is free, and we offer paid plans based on scale, number of user, features, add advanced features etc. We don't own your Slack workspace. Any content posted by others (not Optwell.bio) to the Slack workspace you work with and that installed Optwell.bio is subject to ownership rules by the Slack workspace owner and Slack itself. Our content howerver, including everything we post to Slack, is copyrighted and in entirely in our ownership. If you are the Slack workspace owner, you agree that we are allowed to ask you to delete content we posted to your workspace, and you should comply doing this as soon as possible when asked. Slack users and the Slack workspace owner are responsible for everythin they publish or post to the Slack workspace, including in reaction to Optwell.bio content. We would love people to react to what we post, but we can't be responsible
The App is based on Slack API and the Slack apps framework, as they are provided by Slack. We can not and will not be responsible for the ongoing maintanence or any issues or down time of a Workspace.
We may use a third-party service such as but not limited to hosting, email, payment processing, analytics of audience and to usage, marketing and other services
We may terminate your access to our Services or force refunds (where possible) to your subscribers and customers without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a payment processor or regulatory authority requires it.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please notify us to support@optwell.bio and send us a notice.
The Agreement doesn’t transfer any Optwell.bio or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Optwell.bio and you) solely with Optweell.bio. including but not limited to service marks, graphics, text, schedules, content, logos, ways of doing business, Services and App design, features, knwo how, how to, marketing etc.Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Optwell.bio intellectual property and services. While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, blocks, or point-of-sale terminals) provided or manufactured by a third party or yourself (“Third-Party Services”).
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Automattic policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided “as is.”. Optwell.bio, it's employess, contractors, suppliers, licensors, partners, officers, agents, respective directors, and/or individual and/or organization involved from Optwell.bio side ("Service Providers") hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Optwell.bio, nor its ("Service Providers") make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws Israel. Proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the courts located in Tel Aviv. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
In no event will Optwell.bio and Service Providers be liable (including for any third-party products or services
purchased or used through our Services) with respect to any subject matter of the Agreement under any contract,
negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential
damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or
corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Optwell.bio under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater.
Optwell.bio shall have no liability for any failure or delay due to matters beyond its reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Automattic isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
You agree to indemnify and hold harmless Optwell.bio and Service Providers, from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website or Workspace.
You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Optwell.bio to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Optwel.bio and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Optwell.bio may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.