Terms of Use - Ottomator AI Automation Community

Terms of Use

Updated: 11/14/24

Overview

Hello and welcome to the Ottomator Website Terms of Use (“Terms of Use”) that apply to ottomator.ai and any website where we display these terms (each a “Site”). Trellis Ventures Inc. (“Ottomator” or “we”), doing business as Ottomator, operates each Site to provide online access to information about Ottomator and the products, services, and opportunities we offer.

By accessing and using a Site, you agree to these Terms of Use and to our Privacy Policy available at https://ottomator.ai/privacy-policy.

We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of a Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use, as modified. The last date these Terms of Use were revised is set forth above, so be sure to check back for updates.

By accessing the Site, you also warrant that you are at least the age of majority in the jurisdiction in which you are located and reside, if different. If you do not agree with these terms, you should immediately exit the Site.

Since our Terms of Use govern your use of a Site, please be sure to read the Terms of Use carefully, which includes the following sections:

Permitted Use of a Site
Prohibited Use of a Site
Copyrights and Trademarks
Information and Materials You Post or Provide
Links to Third-Party Web Sites
Downloading Files
Disclaimers; Limitations of Liability
Indemnification
Additional Terms
General Provisions

1. Permitted Use of a Site

You may use a Site, and the information, writings, images, and/or other works that you see, hear, or otherwise experience on a Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Ottomator and the products, services, and opportunities we offer solely in compliance with these Terms of Use.

We may offer products, features, or tools as part of the services that are powered by artificial intelligence, machine learning, or similar technologies (collectively, “AI Products”).

1.1 Input and Output

You are responsible for any text, images, or other content you upload or submit to the AI Products (“Input”) as well as the text, images, or other content generated by the AI Products based on your Input (“Output”). You will ensure that your use of the AI Products, including Input and Output, complies with our Agreement and with applicable law. You acknowledge that Input will not be treated as confidential information; therefore, you should not include any data or information in your Input that you are restricted from using or sharing (for example, third-party confidential information). Furthermore, Output will not be confidential information. Finally, you acknowledge that Output may not be accurate or reliable and that you should independently review all Output before using or sharing it.

You agree to grant and do hereby grant to Ottomator, for the purposes of operating or improving the Site, a non-exclusive, worldwide, royalty-free, sublicensable, license to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate any content created within, or submitted to, the Site by you or on your behalf.

1.2 Ownership and Rights

Between you and Ottomator, you retain all rights you may have to use and exploit your Output, and we retain all ownership in and to the AI Products, including but not limited to all algorithms, models, and aggregated results of developing the AI Products. This means you can use your Output for any lawful purpose, including commercial purposes such as sale or publication, in accordance with these Terms.

You acknowledge that Output may not be unique across users and that the AI Products may generate the same or similar Output for you or a third party. For example, you may provide Input into an AI Product such as “What color is the sky?” and receive responses such as “The sky is blue.” These responses are not unique to you, and you may not claim ownership of them.

1.3 AI Service Providers

We provide some elements of the AI Products through third-party service providers (“AI Service Providers”). You acknowledge that your Input and Output, including customer data, will be shared with and processed by our AI Service Providers to enable your use of our AI Products, for content moderation, and other business purposes consistent with this Agreement.

You may not use the AI Products in a manner that violates any terms or policy of any AI Service Provider.

1.4 Availability and Modifications

We do not guarantee the availability of the AI Products in any or all geographical areas. We may make changes to the AI Products that materially reduce the functionality provided to you at any time in our sole discretion.

2. Prohibited Use of a Site

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms of Use and applicable laws, regulations, and generally accepted online practices and industry guidelines. By accessing a Site, yYou also agree that you will not:

Use a Site in violation of these Terms of Use;
Copy, modify, create a derivative work from, reverse engineer, or reverse assemble a Site, or otherwise attempt to discover any source code, or allow any third party to do so;
Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in, or otherwise transfer any right in, or make available to a third party, the Site in any way;
Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses a Site in a manner that sends more request messages to the servers hosting Ottomator’s products, services, and Sites in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
Use a Site in any manner that damages, disables, overburdens, or impairs any Ottomator website or interferes with any other party’s use and enjoyment of a Site;
Mirror or frame a Site or any part of it on any other website or web page;
Attempt to gain unauthorized access to a Site;
Access a Site by any means other than through the interface that is provided by Ottomator for use in accessing a Site;
Use a Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.
Circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on a Site.
Upload, post, email, or otherwise transmit any material that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
Harm Ottomator or third parties in any way.
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
Upload, post, email, or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, or other right of any party;
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation.
Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Interfere with or disrupt a Site, or networks connected to a Site, or disobey any requirements, procedures, policies or regulations of networks connected to a Site
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
Stalk or otherwise harass another.
Collect or store personal data about other users.

Any unauthorized use of any Content or a Site may violate patent, copyright, trademark, and other laws.

3. Copyrights and Trademarks

Each Site is based upon proprietary Ottomator technology and includes the Content. Each Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. Each Site, including all intellectual property rights in a Site, belongs to and is the property of Ottomator or its licensors (if any). Ottomator owns and retains all of its copyrights in the Content. Except as specifically permitted on a Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or a Site, in whole or in part, by any means. Ottomator, the Ottomator logos, and our other marks used by Ottomator from time to time are trademarks and the property of Ottomator. The appearance, layout, color scheme, and design of the ottomator.ai site are protected trade dress. You do not receive any right or license to use the foregoing. Ottomator may use and incorporate into a Site or the Ottomator service any suggestions or other feedback you provide, without payment or condition.

Nothing contained in these Terms of Use shall be deemed to grant you any rights, title or interest in or to any copyright, trademark, patent, or other proprietary right of Ottomator or any of our licensors. You shall not use Ottomator’s trademarks, name, logo, likeness, trade dress, designs, patents, or other proprietary rights (“Intellectual Property”) without our written permission. Ottomator shall also own all rights, title and interest, including all intellectual property rights, in and to any improvements to the AI Products or any new programs, upgrades, modifications or enhancements developed by Ottomator in connection with services provided to you, even when refinements and improvements result from your suggestions or requests.

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on a Site or the service should be sent to Ottomator’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.

4. Information and Materials You Post or Provide

You represent that you have all right, title, and interest to materials you post on a Site or provide to Ottomator (“Materials”), including but not limited to any consent, authorization, release, clearance, or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input, or submit the Materials. You also represent that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You grant to us all rights, licenses, and permissions necessary to display, reproduce, and disseminate Materials provided through or disclosed by you.

You represent and warrant that you are who you say you are, that you have not submitted fictitious, false, or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit. You also represent that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly or with intent to defraud provide materially misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.

5. Links to Third-Party Web Sites

Ottomator does not monitor or review the content of other party’s websites which are linked to from a Site. Links on a Site to third-party websites or information are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. If you use these links, you will leave the Site and be subject to the terms and privacy policies of those third parties. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Ottomator of the third party, the third-party website, or the information there. Ottomator is not responsible for the availability of any such websites. Ottomator is not responsible or liable for any such websites or the content thereon.

6. Downloading Files

Ottomator cannot and does not guarantee or warrant that files available for downloading through a Site will be free of infection by software viruses or other harmful computer code, files, or programs.

7. Disclaimers; Limitations of Liability

Due to the nature of the AI Products, Ottomator does not represent or warrant that (a) any Output does not incorporate or reflect third-party content or materials or (b) any Output will not infringe third-party intellectual property rights.

OTTOMATOR AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF A SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, SITES, AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OTTOMATOR AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO A SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS,. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OTTOMATOR IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTTOMATOR AND ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, COVER OR LOSS OF USE, DATA, REVENUE, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF A SITE, WITH THE DELAY OR INABILITY TO USE A SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF A SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF OTTOMATOR OR ANY OF OTTOMATOR’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR OTHERWISE, EVEN IF FORESEEABLE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, OTTOMATOR IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM, OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF OTTOMATOR AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS ($100).

8. Indemnification

You understand and agree that you are personally responsible for your behavior on a Site. You agree to indemnify, defend, and hold harmless Ottomator, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use a Site or the Content, or any violation by you of these Terms of Use.

9. Additional Terms

a. Profiles

Some Sites may allow you to create and maintain a public profile. If you choose to create a profile on a Site, you agree you will:

i) Be at least 18 years of age or older;

ii) Provide true and accurate information, to the best of your knowledge, to the extent you choose to provide it;

iii) Comply with laws that apply to you; and

iv) Comply with the community rules and/or code of conduct documentation made available on a Site, for example, the Code of Conduct.

We may limit features related to profiles, including the number of connections and user ability to contact other members. We may edit or remove your Materials (defined above) at any time at our sole discretion. We also reserve the right to restrict or suspend your account at our sole discretion. Either you or we may remove your profile at any time; refer to the community rules and/or code of conduct of a Site for additional information.

You may access, correct, or delete your personal information by contacting us at admin@ottomator.ai.

10. General Provisions

a. Entire Agreement/No Waiver

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Ottomator of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

c. Enforcement / Choice of Law / Choice of Forum

If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Ottomator’s Privacy Policy, your use of a Site, any other Ottomator website, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Delaware, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Delaware in the event of any dispute of any kind arising from or relating to these Terms of Use, Ottomator’s Privacy Policy, your use of a Site, any other Ottomator website, or the Content.

d. Termination of Use

Ottomator may, in its sole discretion, at any time modify or discontinue access to, temporarily or permanently, the Site or any service thereon. You agree that Ottomator will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the Site or any content that you may have shared on the Site. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost.

e. Export Compliance

Export laws and regulations of the United States and any other applicable jurisdictions apply to the Site. You agree that such applicable export control laws govern your use of the Site and agree to comply with all such applicable export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information or material from the Stie will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws.

f. Severability

If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.

g. Survival

Following any expiration or termination of these Terms of Use, your indemnification obligations and our warranty disclaimers and limitations of liabilities, as well as the dispute resolution provisions provided for in these Terms of Use shall survive.

Last Revised: 11/14/2024

Claims of Copyright Infringement

DMCA Notices

Ottomator respects the intellectual property rights of others, and we ask our users to do the same. Ottomator may, in its sole discretion, suspend the access or terminate the accounts of users who violate others’ intellectual property rights.

If you believe that your work has been copied in a way that constitutes infringement on Ottomator’s website, please provide the following information to Ottomator’s Copyright Agent.

Contact Ottomator:

The Ottomator Copyright Agent for notice of claims of copyright infringement on or relating to this website (“Notifications”) can be reached either by sending an email to copyright@ottomator.ai or by sending a letter via U.S. Mail to:

Trellis Ventures Inc. (DBA Ottomator)
Attn: General Counsel
377 Lear Rd., Suite B, Unit 129
Avon Lake, OH 44012
USA

Submission of Notification:

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complaining Party”);
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ottomator to locate the material;
Information reasonably sufficient to permit Ottomator to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Receipt of Notification:

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

a) Ottomator will remove or disable access to the material that is alleged to be infringing;

b) Ottomator will forward the written notification to such alleged infringer (the “Alleged Infringer”);

c) Ottomator will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

Counter Notification:

An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to Ottomator’s Copyright Agent that includes substantially the following:

A physical or electronic signature of the Alleged Infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer’s address is located, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which Ottomator may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.

Receipt of Counter Notification:

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

a) Ottomator will promptly provide the Complaining Party with a copy of the Counter Notification;

b) Ottomator will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

c) Ottomator will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Ottomator’s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Alleged Infringer from engaging in infringing activity relating to the material on Ottomator’s network or system.

Company Information:

Trellis Ventures Inc. (DBA Ottomator)
377 Lear Rd., Suite B, Unit 129
Avon Lake, OH 44012
Phone: +1 (440) 496 8180
Email: admin@ottomator.ai

We are a Delaware corporation with offices in Ohio.