Terms of Service

Welcome to Open-Seek! These Terms of Service ("Terms") govern your access to and use of the Open-Seek website, products, and services ("Services"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

1. Using Our Services

1.1 Account Registration

You may need to register for an account to access some of our Services. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for safeguarding your account credentials and for any activity that occurs under your account. If you learn of any unauthorized access to your account, please contact us immediately.

1.2 Age Requirements

You must be at least 13 years old to use our Services. If you are under 18, you must have your parent or guardian's permission to use our Services. If you use our Services on behalf of a company, organization, or other entity, you must have the authority to bind that entity to these Terms.

1.3 User Content

Our Services may allow you to create, upload, store, send, or receive content such as text, images, or other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through our Services, you give Open-Seek (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such User Content for the limited purpose of operating, promoting, and improving our Services.

You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. You also represent that the use of such User Content as contemplated herein will not violate the rights of any third party.

1.4 Prohibited Uses

When using our Services, you agree not to:

• Use our Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services
• Use any robot, spider, crawler, scraper, or other automated means to access our Services
• Bypass or circumvent measures we may use to prevent or restrict access to our Services
• Attempt to access any service, account, or system without authorization
• Violate the law or the legal rights of others in any way
• Use our Services to upload, transmit, or distribute any computer viruses, worms, or other malicious software
• Use our Services to collect or harvest any personally identifiable information
• Use our Services for any illegal or unauthorized purpose
• Create or distribute content that is abusive, threatening, obscene, defamatory, libelous, or otherwise objectionable
• Engage in any activity that interferes with or disrupts the Services

2. Intellectual Property Rights

2.1 Open-Seek Content

The Services and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Open-Seek and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Open-Seek.

2.2 Feedback

If you provide feedback, ideas, or suggestions about our Services ("Feedback"), you agree that we are free to use such Feedback without any restriction or compensation to you. By providing Feedback, you agree that we can use and share it for any purpose.

3. Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use of this information as described in our Privacy Policy.

4. Subscription and Payments

4.1 Billing

Some of our Services may require payment of fees. You shall pay all applicable fees, as described on the website in connection with such Services selected by you. We reserve the right to change our price listing and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

4.2 Subscription Terms

For subscription-based Services, you will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly or annual basis, depending on the type of subscription plan you select.

At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or Open-Seek cancels it. You may cancel your subscription renewal either through your online account management page or by contacting our customer support team.

4.3 Free Trial

We may, at our sole discretion, offer a subscription with a free trial for a limited period of time. You may be required to enter your billing information to sign up for the free trial. If you do enter your billing information when signing up for a free trial, you will not be charged until the free trial has expired. On the last day of the free trial period, unless you canceled your subscription, you will be automatically charged the applicable subscription fee for the type of subscription you have selected.

4.4 Fee Changes

Open-Seek, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current Billing Cycle. Open-Seek will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Services after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

4.5 Refunds

Except when required by law, paid subscription fees are non-refundable.

5. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services, or you may notify us via the methods provided in our contact information.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Open-Seek, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Services.

To the maximum extent permitted by applicable law, Open-Seek assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.

In no event shall Open-Seek, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to Open-Seek in the 12-month period preceding the event giving rise to the liability, or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Open-Seek has been advised of the possibility of such damage.

7. Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Open-Seek, its subsidiaries, affiliates, and its licensors do not warrant that: (i) the Services will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless Open-Seek and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (i) your use and access of the Services, by you or any person using your account and password; (ii) a breach of these Terms; or (iii) User Content posted to the Services.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

10. Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties shall use their best efforts to settle the dispute. If the parties cannot reach a resolution within a period of 30 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered in San Francisco, California, in accordance with the rules of the American Arbitration Association.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

12. Electronic Communications

When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13. Entire Agreement

These Terms constitute the entire agreement between you and Open-Seek regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

14. Contact Information

If you have any questions about these Terms, please contact us at: