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OT APP DESIGN, LLC END USER LICENSE AGREEMENT

 

EFFECTIVE: JUNE 1, 2023

 

THE APPLICATION (AS DEFINED BELOW) YOU ARE DOWNLOADING, HAVE DOWNLOADED OR RECEIVED ACCESSED TO HAS BEEN PROVIDED BY OT APP DESIGN, LLC. OR ITS AFFILIATES OR LICENSORS (COLLECTIVELY, “OT App Design” “Us” or “We”).  BY INSTALLING OR USING ALL OR ANY PORTION OF THE APPLICATION AND SERVICES, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”). WHEN WE SAY “YOU”  (“You” or “Users”) THIS INCLUDES TEACHERS, OCCUPATIONAL THERAPISTS, SCHOOL PSYCHOLOGISTS, ASSIST SPECIALISTS, LEARNING CONSULTANTS, CLASSROOM AIDES AND PARENTS OF CHILDREN WHOSE PERSONAL INFORMATION INCLUDING PROTECTED HEALTH INFORMATION (PHI) IS BEING UPLOADED BY USERS ONTO THE APPLICATION OR SERVICES. WHEN WE REFER TO ‘YOU” “YOUR” AND “YOUR DATA” IN PARAGRAPHS 5 AND 13, WE ARE REFERRING TO THE DATA OF CHILDREN WHOSE PERSONAL INFORMATION INCLUDING PROTECTED HEALTH INFORMATION (PHI) IS BEING UPLOADED BY USERS ONTO THE APPLICATION OR SERVICES WHOSE PARENTS BY CLICKING “ACCEPT” HAVE CONSENTED TO THE USE OF SUCH INFORMATION AND DATA ABOUT THEIR CHILDREN ON THE APPLICATION AND SERVICES. 

 

UPON ACCEPTANCE, THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT OBTAINED THE APPLICATION AND ON WHOSE BEHALF IT IS USED.  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION.  ACCORDINGLY, YOU AND OT App Design AGREE TO THE FOLLOWING:

 

The “Application” consists of: (a) the OT App Design proprietary web based software-as-a-service offering Application, (which enables the user to take a picture of student handwriting via a website based App on their smart device (phone, tablet, etc.) which is then analyzed by machine learning and artificial intelligence to produce an output detailing grade based performance on handwriting proficiency. The OT App Design evidence based screening tool, The Rapid Assessment of Handwriting, employs state of the art machine learning and AI technology to measure student handwriting proficiency rapidly, objectively, and accurately. Use cases include, 1) School wide screening at the beginning of the year as part of a tiered intervention strategy, such as MTSS or RTI, 2) School wide screening at the end of the school year to help determine classroom assignment for the next school year, 3) Individual student use to screen handwriting proficiency 4) School wide use to determine which students may need additional dedicated handwriting instruction or programming, 5) Assessing student handwriting progress over time or after an intervention, 6) Increase confidence in referrals to occupational therapists, and 7) Assist specialists, such as school psychologists or occupational therapists, in evaluation and assessment, including all software, code, text, graphics, logos, layouts, designs, interfaces, and other items included in or associated with the application; and (b) any files that are delivered to you by OT App Design (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the OT App Design application.

 

The Application may provide a means for you to access one or more websites, other applications, or other products and services offered by OT App Design (collectively, the “Services”), and audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”).  The Application, Services and Content are copyrighted works of OT App Design and may contain trademarks, service marks, trade names, and other intellectual property of OT App Design.

 

The Application and Content, and your use of the Services, are also subject to OT App Design’s Terms of Use and Privacy Policy https://www.handwritingcounts.com/privacy (collectively “OT App Design Terms”) which are incorporated into this Agreement by this reference.  There may also be additional terms that OT App Design presents to you in connection with the Application, for example, at the time of download (“Additional Terms”).  If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly provide otherwise.

 

The Application may use location-based services to locate you.  If you choose to use the Application, you consent to OT App Design and its third party providers determining your location.

 

1. CHANGES TO THIS AGREEMENT AND OT APP DESIGN TERMS.

 

This Agreement applies to all downloading or installation of the Application after the Effective Date above, and use of any copy of the Application downloaded or installed after the Effective Date above. OT App Design may make changes to this Agreement from time to time by posting a copy of the updated Agreement on our website. Changes to this Agreement will be applicable to downloading or installation of the Application after the effective date of the changes.  If you do not agree with any changes to this Agreement, your sole remedy is not to download or install the Application after the effective date of the changes.

 

OT App Design also may make changes to the OT App Design Terms as provided therein.  Such changes will apply to your use of the Application to access Services and Content after the effective date of the changes.  If you do not agree with any such changes, your sole remedy is to discontinue use of the Application to access the relevant Services and Content.  If you continue to use the Application to access Services and Content after the effective date of the changes, you accept all changes.

 

2. CHANGES TO PRODUCT AND SERVICE OFFERINGS.

 

OT App Design may change pricing for the Application, Services and Content.  We may not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason.

 

You acknowledge and agree that OT App Design may suspend or discontinue offering the Application; modify the Application; change or discontinue the Services available through the Application; change how we offer and operate such Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge); remove Content; impose limits on certain features or restrict your access to part or all of the Application, Services and Content; or make other changes in OT App Design’s product and service offerings at its sole discretion and with or without notice to you.  We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these OT App Design Terms.  You further acknowledge and agree that even if a copy of the Application continues to reside on your device, after we make changes in our product or services offerings, the Application may not work as it did prior to such action, and OT App Design will have no liability to you or any third party as a result.

 

3. OWNERSHIP.

 

You acknowledge and agree that OT App Design has all right, title, and interest in and to the Application and all intellectual property rights associated with the Application. The Application is protected by the copyright laws of the United States, international treaties and conventions, and other laws.  Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and OT App Design reserves all rights not expressly granted to you.  You must comply with all laws when using the Application as well as all applicable copyright, trademark or other legal notices or restrictions.

 

4. CONDUCT

 

You will not:

  • in whole or in part, copy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application or Services, except to the extent required by applicable law;

  • reproduce, copy, display, screen grab, takes pictures or videos of, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, reverse engineer, decompile, create derivative works, or otherwise use any portion of the content or Software offered on Application or Services for other than your own personal, non-commercial use

  • install or use the Application or Services on a computer or other device that is primarily used as a file server;

  • remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Application or Services;

  • use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Application or Services, unless authorized by OT App Design in its sole discretion;

  • distribute, publish, display, perform, sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Application or Services, or authorize all or any portion of the Application or Services to be copied onto another user’s computer except as permitted hereunder;

  • intercept, emulate, or redirect the communication protocols used by the Application or Services in any way, for any purpose, or engage in any activity that interferes with or disrupts the Application or Services or OT App Design’s or its vendors’ servers or other infrastructure; or

  • facilitate, create, or maintain any unauthorized connection to the Application or Services, including without limitation: (a) any connection to any unauthorized server that emulates, or attempts to emulate, OT App Design’s or its vendors’ servers; and (b) any connection using programs or tools not approved by OT App Design in its sole discretion.

  • The Services and Content accessible through the Application are also protected by intellectual property and other laws in the U.S. and in other countries, and are subject to limitations on your use thereof, as set forth more fully in the OT App Design Terms.

As a User that teaches or supervises children that are minors You warrant that:  

 

(i) You have the legal right and ability to enter into this Agreement, (ii) You have all necessary rights, licenses, consents and permissions to use Your Data with the Application and Services, (iii) You are not a competitor of Us, or someone acting on behalf of a competitor, (iv) You or Your company are in compliance with the Children’s Online Privacy Protection Act (COPPA); (v)  You or Your company retains personal information collected online from a child for only as long as is necessary to fulfill the purpose for which it was collected and delete the information using reasonable measures to protect against its unauthorized access or use; (vi) You or Your company shall not post or upload any pictures or videos of children under the age of 18 onto the Application or Services unless a Parent of a minor consents to your doing so; and (vii) Your use of the Application or Services will not violate or breach any applicable laws, regulations or agreements or unreasonably interfere with Our other customers’ use of Our Application or Services. You further warrant that you understand that all laws applicable to this Agreement, including those governing data and privacy, may change on a regular basis and vary by jurisdiction, and You are solely responsible for compliance with any and all applicable laws and regulations.

5. PARENTAL CONSENT

 

As the parent of a minor child whose personal information is going to be collected, used, viewed and uploaded by other Users onto the Application or Services, you agree to the following: 

 

(i) You consent to Users who have signed an agreement with OT App Design to access the Application or Services to use the Application or Services to collect and internally use your child’s data and/or personal information to track and measure your child’s performance, including the use of your child’s protected health information (PHI), (ii) You agree that OT App Design shall have no liability for any damages suffered by you or your child as a result of any User using your child’s data and/or personal information whether such data and/or personal information is used by a User on the Application or Services or not, and (iii) You understand that you have the right to stop any User from using the Application or Services to collect and use data and/or personal information about your child by contacting OT App Design at: admin@otappdesign.com.

6. GRANT OF A LIMITED USE LICENSE TO USE THE APPLICATION AND SERVICES.

 

OT App Design grants to User and User accepts from OT App Design, a limited, revocable, non-exclusive, non-transferable right to access and use and permit Authorized Users to access and use the Application and Services solely for the internal business operations of User during the Term. The Application and Services shall not be used by User or by Authorized Users for, or on behalf of, third parties that are not authorized under this Agreement. User shall use its best efforts to ensure that the Authorized Users use the Application and Services in accordance with the terms and conditions of this Agreement. User acknowledges that its right to use the Application and Services will be conditioned upon: (i) User’s payment of the Fees, if any,  associated with using the Services; and (ii) the Subscriptions Service being web-based only and will not be installed on any servers owned or controlled by User or otherwise provided to User without OT App Design's consent. 

 

Subject to your compliance with the OT App Design Terms and this Agreement, OT App Design hereby grants, and you hereby accept, a limited, revocable, non-sublicensable, non-exclusive license to engage in non-commercial use of the Application.  All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement. 

 

7. USE OF THE APPLICATION.

 

When you use the Application, you may connect to OT App Design’s or its vendors’ servers.  Your communication with OT App Design’s properties is governed by the OT App Design Privacy Policy, available at: https://www.handwritingcounts.com/privacy. You consent to our use of data that you provide or upload to the Application or Services or that we may collect about you through the Application, in compliance with the Privacy Policy.

 

As part of the Application, you may receive push notifications, text messages, MMS messages or other types of messages directly sent to you outside or inside the Application (collectively, "Push Messages").  You may control the Push Messages in your device’s or the Application’s settings.  Some of the Push Messages may be related to your location or to your use of the Application or Content.  Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance.  Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device.  Contact your carrier with questions regarding these issues.  You may discontinue Push Messages in your device’s or the Application’s settings or by deleting the Application.  We may collect information related to your use of Push Messages.  If you have registered for Push Messages, you agree to notify OT App Design of any changes to your mobile number, as applicable, and update your account on the Application to reflect this change.

 

The Application may allow you to access and interoperate with third party properties, software applications, and data services (collectively, “Third Party Properties”). OT App Design does not control any Third Party Properties to which you may connect using the Application and is not responsible for the practices of any third party.  You acknowledge and agree that OT App Design is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from Third Party Properties.  You acknowledge that the Application may check for updates to the Application that may be available to you.

 

8. WARRANTY DISCLAIMER

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OT APP DESIGN AND THE DISTRIBUTION CHANNELS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, OF ACCURACY, OF QUIET ENJOYMENT, OF AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT.  OT APP DESIGN DOES NOT WARRANT: (1) THAT THE APPLICATION’S FUNCTIONS OR ANY SERVICES, CONTENT OR THIRD PARTY PROPERTIES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION, SERVICES, CONTENT OR THIRD PARTY PROPERTIES AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. OT APP DESIGN SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES.  

 

YOUR ACCESS TO AND USE OF THE APPLICATION AND SERVICES IS AT YOUR OWN RISK.  IF YOU ARE DISSATISFIED WITH THE APPLICATION OR ANY OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION.

 

TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

 

9. LIMITATION OF LIABILITY/RELEASE OF CLAIMS

 

OT APP DESIGN WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN ITS PERFORMANCE DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

 

OT APP DESIGN WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE APPLICATION (INCLUDING THE SERVICES, CONTENT OR THIRD PARTY PROPERTIES AVAILABLE THROUGH THE APPLICATION) OR THIS AGREEMENT, EVEN IF FORESEEABLE OR EVEN IF OT APP DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, TORT, GROSS NEGLIGENCE, OR OTHERWISE).  OT APP DESIGN WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, FUTURE EARNINGS, BUSINESS INTERRUPTION, OR ANY COMMERCIAL DAMAGES, BODILY INJURY DAMAGES, PHYSICAL HARM, EMOTIONAL DISTRESS,  DEATH, LOSS OF REPUTATION, LIBEL, SLANDER, OR LOSSES OF ANY KIND. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

OT APP DESIGN WILL NOT BE LIABLE TO YOU OR YOUR CHILD FOR ANY LOSSES OR DAMAGES YOU MIGHT SUFFER OF ANY KIND AS A RESULT OF THE ACTIONS OF OTHER USERS USING YOUR CHILD’S PERSONAL INFORMATION OR DATA INCLUDING PROTECTED HEALTH INFORMATION (PHI) ON THE APPLICATION OR SERVICES.

 

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF OT APP DESIGN’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY OT App Design, INCLUDING WITHOUT LIMITATION THE APPLICATION OR SERVICES.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

10. INDEMNITY

 

You will indemnify, defend, and hold OT App Design and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the “OT App Design Indemnified Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any of the OT App Design Indemnified Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your data; your connection to OT App Design’s or its vendors’ servers; your violation of this Agreement; or your violation of the rights of any other person or entity. OT App Design reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OT App Design, and you will cooperate with OT App Design’s defense of these claims.

 

11. TERMINATION.

 

This Agreement is effective until terminated.  You may terminate this Agreement at any time by: (i) irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control; and (ii) ceasing to use the Services and Content available through the Application. OT App Design may terminate this Agreement at any time for any reason or no reason.   Upon termination for any reason, the license granted in Section 4 will immediately terminate.  The provisions in Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15 and 16 will survive any termination.

 

12. EXPORT CONTROLS.

 

You may not use or otherwise export or re-export the Application or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Services was accessed or obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that it is not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by applicable law. 

 

13. CONSENT TO USE OF DATA.

 

You agree that OT App Design may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. 

 

Your Data also may include your name, email addresses, telephone numbers and any information provided that identifies You that is uploaded to the Services pertaining to your birth date, social security number, data and personally identifiable information (PII) including financial information, and protected health information covered under HIPAA. You have designed, created and provided all of your data without the participation or involvement of OT App Design. You are responsible for any actions you take with respect to Data, including uploading it to the Services or using the Services to share or otherwise make available such Data to third parties. You are responsible for ensuring that you have all the rights and permissions needed to use Data in connection with the Services. You Shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Data entered into the Services. OT App Design assumes no responsibility for the accuracy, propriety, or usefulness to You of the Data. OT App Design shall not be liable to You or any third-parties for any loss, damage or expense whatsoever and howsoever arising from any Data entered into the Services by You or by an entity on its behalf unless such data is protected under federal or state law. You acknowledge that OT App Design will rely on the accuracy of the Data provided to OT App Design by You as it performs its requested functions under this Agreement.  You acknowledge that you own all of the Data or have all rights to grant such licenses to OT App Design to use such Information in furtherance of providing the Services without infringement or violation of any third party rights. OT App Design provides no warranties, representations or indemnification to You for its access to, and use of the Data.

You grant a revocable license and consent to OT App Design’s use of data that you provide or that we may collect about you through the Application, in compliance with Our Privacy Policy. You give consent to OT App Design to use the Data when integrating with third party company systems to perform services on OT App Design’s behalf relating to the functionality of the Services and that You consent to OT App Design using Data that may include protected health information and personally identifiable information containing social security numbers and credit card information. We will only use such data with our partners or service providers who perform functions to enable OT App Design to provide its Services. 

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You acknowledge and agree that OT App Design shall have the right to use any data collected or created by You in your use of the Application related to selling, publishing, disclosing or sharing combined data and information from many Users with our partners in order to help our partners market and sell our Products pursuant to written agreements with confidentiality, privacy and security obligations. All such information includes data derived from personal information in aggregated, anonymous form and does not identify You individually.

You give consent to OT App Design to disclose, sell or share with any of our affiliated companies or our partners any aggregated, anonymized information about you that does not identify you individually, without restriction as explained in our Privacy Policy.

 

14. APPLICABLE LAW

By using the Application and Services you agree that the laws of the State of Florida without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and OT App Design.


15. DISPUTES

ANY DISPUTE RELATING IN ANY WAY TO THIS AGREEMENT AND YOUR USE OF OT APP DESIGN’S WEBSITE, APPLICATION OR SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN UNION COUNTY, NEW JERSEY EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.

CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA'S CONSUMER RULES"), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE.
 

YOU AND OT APP DESIGN AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.

THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.


IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN UNION COUNTY, NEW JERSEY.

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. 

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16. MISCELLANEOUS.

 

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with the OT App Design Terms and any Additional Terms.  To the extent that the provisions of this Agreement conflict with the OT App Design Terms, this Agreement will govern.  We may be required by state or federal law to notify you of certain events.  You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email, if you have provided it to us.  If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you.  If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated.  Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision.  Except as otherwise required by law, the controlling language of this Agreement is English.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy and user agreement policies from 3rd party vendors that are used by our product can be found at these websites:

Google Cloud: https://cloud.google.com/privacy

Google API Services: https://cloud.google.com/vision/docs/data-usage

 

  

17. CONTACT INFORMATION

 

You may contact OT App Design at: admin@otappdesign.com. 

 

If you have any questions, claims, or complaints, you should notify us at admin@otappdesign.com. 

 

You hereby acknowledge that you have read and understood this Agreement and agree that by clicking “Accept” or by installing, copying, or using the Application and Services you are acknowledging your agreement to be bound by this Agreement.

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