Terms of Service
Effective Date: January 20th, 2025
Welcome to OVOU Inc. (“OVOU,” “we,” “us,” or “our”), a Canadian corporation. We provide digital contact exchange and smart profile services (“Services”), accessible through our website, ovou.com (“Website”), as well as NFC-enabled Smart Devices and related physical products (“Products”). These Terms of Service (“Terms”) govern your use of our Services, Smart Devices, and Products.
Definitions
Services: Refers to the digital contact exchange and smart profile services provided by OVOU.
Smart Devices: Refers to NFC-enabled devices provided by OVOU.
Products: Refers to all physical products offered by OVOU, excluding Smart Devices unless specified.
Fees: Refers to all charges applicable for the use of Services, Smart Devices, and Products.
Acceptance of Terms
By creating an account, placing an order, using our Services, or otherwise indicating acceptance of these Terms through actions such as clicking an "Create Account" button, you confirm that you have read, understood, and agree to be legally bound by these Terms. If you accept these Terms on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity, and you agree to provide evidence of such authority upon request. You must be at least 18 years old to accept these Terms.
PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. PLEASE READ THEM CAREFULLY.
Your use of our Services and Smart Devices is also subject to our Privacy Policy. By using our Services and Smart Devices, you consent to the collection, use, and disclosure of your Personal Information as described in the Privacy Policy.
Services
Subject to these Terms and payment of applicable fees (“Fees”), we grant you a non-exclusive, non-transferable right to access and use our Services for personal or internal business networking purposes. We may update or change the Services at any time without notice. Certain Services may rely on or integrate with third-party platforms or hardware (“Third-Party Services”), which are subject to their own terms. Use of Third-Party Services is at your discretion and responsibility.
Setup and Registration
Account Registration: To access certain features, you must create an account (“Account”). You agree to provide accurate, current, and complete information and to update it promptly. Keep your credentials confidential. You are responsible for all activities under your Account. Notify us immediately at support@ovou.com if you suspect unauthorized use.
Device Setup: Our Services and Smart Devices may require a compatible mobile device or certain configurations. You are solely responsible for ensuring that your device and its settings enable proper use of our Services.
Public Profiles: Your OVOU profile is publicly accessible by design. You control what information is displayed, but all profiles are public and cannot be made private. Anyone with the URL (including those who interact with your Smart Device) can view your profile.
Trials
We may offer trial periods (“Trials”) for certain Services or Smart Devices. Trial details and any additional terms will be provided at sign-up and incorporated into these Terms. At the end of a Trial, your access may expire or convert into a paid subscription unless you cancel before the Trial ends. Trial Services are provided “as is,” without warranty, and we may terminate Trials at any time.
Teams and Enterprises
Teams (Multi-User Accounts): Entities (“Teams”) may provide multiple Users with access to the Services through a single, multi-user account (“Multi-User Account”). The individual or entity that created and pays for the Multi-User Account is the “Owner.” The Owner has full control over team settings, user permissions, and seat assignments. OVOU defers to the Owner in all account-related disputes. We will not modify team accounts or grant access without the Owner’s explicit authorization.
Seats: Each seat in a Multi-User Account corresponds to one User and one associated Smart Device. Seats are not shareable concurrently between multiple Users.
Adjustments to Seats: Owners may add or remove seats at any time. Additional seats may incur additional Fees. Reducing seats may result in credits applied to future renewals, not refunds.
Enterprises: Larger organizations (“Enterprises”) may have separate terms (“Enterprise Terms”). If there is a conflict between these Terms and the Enterprise Terms, the Enterprise Terms govern.
Fees and Payment Terms
Fees: Access to certain Services and Smart Devices requires payment of Fees, which may be one-time or subscription-based (“Subscription”). Subscription terms are typically annual and renew automatically unless canceled at least two (2) business days before renewal. Delays in Smart Device delivery do not extend or pause Subscription terms.
Payment Processing: We use third-party payment processors. You agree to pay all applicable Fees and any taxes. Late payments may incur interest.
Changes to Fees: We may adjust Fees at renewal or upon changes to your plan. Downgrades may cause loss of certain features.
For refund eligibility, please see our separate Refund Policy.
Smart Devices and Products
You may purchase Smart Devices and other physical Products through our Website.
Shipping and Risk of Loss: You are responsible for shipping costs. Risk of loss passes to you upon delivery to your carrier or designated delivery address.
Care for Smart Devices: Smart Devices are provided “as is.” You are responsible for their proper use and storage. If lost or stolen, contact support@ovou.com to deactivate the device.
Connectivity: You must maintain compatible hardware, software, and network connections at your own expense.
Defective Products: Please see our Refund Policy for information on reporting defects.
Gifting
You can purchase OVOU as a gift in two distinct ways:
eGift Certificates
You may purchase an eGift Certificate, which we will issue as a redeemable code. The recipient can redeem this code on our website for the full value of the gift or a higher amount. Please note that partial redemption of the eGift Certificate is not permitted. The subscription associated with the eGift Certificate will commence at the time of redemption.
Physical Smart Cards
Alternatively, you can purchase physical smart cards that come with a prepaid subscription embedded. The subscription associated with the smart card will commence at the time of card activation.
Important Notes:
- No Credit Card Retention: We do not keep the purchaser's credit card information on file. All payment information is securely processed and handled solely by our third-party payment processors.
- Subscription Continuity: Recipients of gifted items can add their own credit card information to continue their OVOU subscription beyond the prepaid period. This ensures that the subscription remains active without requiring the purchaser's payment details.
- Subject to Terms: The recipient’s use of gifted items is subject to these Terms of Service. By redeeming an eGift Certificate or activating a Physical Smart Card, the recipient agrees to abide by all applicable terms and conditions outlined in these Terms.
- No Exchanges or Returns: We do not accept exchanges or returns for gifted items. Once a gift has been redeemed or activated, it is considered final and cannot be exchanged or returned for a refund.
User Content and Conduct
User Content: You are solely responsible for all content, data, and information you upload or display via your profile or submit for Smart Device customization (“User Content”). You must ensure that your User Content complies with all applicable laws and does not infringe any third-party rights, including trademarks and copyrights. By uploading User Content, you grant OVOU a non-exclusive, worldwide, royalty-free license to use, display, and distribute your User Content solely for the purpose of providing and improving our Services. You retain all ownership rights to your User Content, but you are responsible for obtaining all necessary permissions and consents for any content you upload. OVOU reserves the right to remove any User Content that violates these Terms or is deemed inappropriate at our sole discretion.
Public Posting: Content on your profile is publicly accessible. You understand that anyone can view or interact with your posted information.
Prohibited Content and Conduct: Do not upload unlawful, harmful, hateful, defamatory, obscene, infringing, or otherwise objectionable content. Do not engage in spam, impersonation, hacking, or other malicious activities. If you violate these rules, we may remove your content or suspend your access.
Review and Removal: OVOU reserves the right to review, edit, or remove any User Content that violates these Terms or harms our brand. We may refuse to print designs on Smart Devices that are inappropriate, infringe on trademarks, or contain hate speech or pornography.
Trademark and Logo Printing Disclaimer: Users must ensure that any submitted designs or logos do not infringe on third-party trademarks or other intellectual property rights. OVOU is not liable for infringement claims related to user-submitted designs and may refuse to print any design deemed harmful to our brand.
Intellectual Property
OVOU and its licensors own all intellectual property rights in the Services, Smart Devices, Products, Website, and associated content (“OVOU Offerings”). Except for the limited licenses granted herein, no rights are transferred to you. You may not copy, modify, distribute, reverse engineer, or create derivative works of OVOU Offerings. Any unauthorized use of OVOU Offerings may violate copyright, trademark, and other laws. You agree to notify us immediately of any infringement or unauthorized use that you become aware of.
Certain provisions of these Terms, including but not limited to Disclaimers, Limitation of Liability, Indemnity, Intellectual Property, and Dispute Resolution, shall survive termination of these Terms.
Links to Third-Party Websites
Our Services and Website may contain links to third-party sites or services. We are not responsible for their content, terms, or privacy practices. Accessing such sites is at your own risk.
Disclaimer; Limitation of Liability; Indemnity
Your use of OVOU Offerings is at your own risk. They are provided “as is” without warranties. To the maximum extent permitted by law, we disclaim all warranties and limit our liability as described in this Section.
We will not be liable for indirect, consequential, special, or punitive damages. Our maximum liability to you for direct damages will not exceed the greater of the total Fees paid by you in the six (6) months prior to the claim or $100 CAD.
You agree to indemnify OVOU from claims arising from your use of the Services, Smart Devices, Products, or User Content.
Minors
You must be at least 18 years old to use our Services or Smart Devices. If you are above 18 but under the age of majority, you must have parental or legal guardian permission.
Choice of Law
If you reside in Canada, these Terms are governed by the laws of British Columbia, Canada. If you reside elsewhere, the laws of Delaware, USA, apply. You represent that your use complies with local laws. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Vancouver, British Columbia for Canadian users or Wilmington, Delaware for US and international users, except as otherwise provided in the Dispute Resolution section.
Dispute Resolution – Arbitration and Class Action Waiver
Any disputes will be resolved through binding arbitration on an individual basis, to the fullest extent permitted by law. By accepting these Terms, you waive the right to a jury trial or class action. The arbitration will be conducted by ADR Institute of Canada for Canadian users. and American Arbitration Association (AAA) for US and International users under its rules. The arbitration shall take place in Vancouver, British Columbia for Canadian users or Wilmington, Delaware for US and international users. Both parties agree to abide by the decision of the arbitrator, which shall be final and binding. Additionally, you have the right to opt-out of this arbitration agreement within 30 days of accepting these Terms by contacting us at support@ovou.com.
Term and Termination
These Terms remain effective until terminated. You may cancel at any time, but no refunds will be provided except as outlined in our Refund Policy. OVOU may suspend or terminate your access for violations of these Terms or other reasons without liability.
General Provisions
These Terms, along with any Additional Terms, form the entire agreement between you and OVOU regarding your use of the Services, Smart Devices, and Products. If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. OVOU’s failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OVOU in writing. You may not assign or transfer these Terms, or any rights or licenses granted hereunder, without OVOU’s prior written consent. OVOU may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets without your consent.
Changes to These Terms of Service
We may update these Terms at any time. Material changes will be communicated, and continuing to use our Services or Smart Devices after changes are posted constitutes your acceptance.