Terms of Service

    Please read these terms carefully before using our services

    Last modified: 2024-10-29

    1. Introduction

    Welcome to the services provided by NewOaks LLC (hereinafter referred to as "Company", "we", "our"). These Terms of Service ("Terms") govern your access to and use of our website and services.

    By accessing or using our services, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not access the Service.

    2. Definitions

    For the purposes of these Terms of Service:

    Company – refers to NewOaks LLC, the legal entity providing the Service.
    Service – refers to the website and all related services provided by the Company.
    User – refers to an individual who accesses or uses the Service.
    Content – refers to any information, text, graphics, videos, or other materials posted, uploaded, linked, stored, or otherwise made available through the Service.
    Account – refers to a unique account created for you to access our services.
    Device – refers to any device that can access the Service, such as a computer, mobile phone, or tablet.

    These definitions shall have the same meaning regardless of whether they appear in singular or plural form.

    3. General Rules

    This section describes the general rules for accessing and using our services through the Website, API, or Widget.

    You agree to comply with all applicable laws and regulations when using the Website.

    • Use the Website only for lawful purposes
    • Not attempt to gain unauthorized access to any portion of the Website
    • Not transmit any viruses, malware, or harmful code
    • Respect intellectual property rights and user privacy

    If you use our API, you agree to:

    • Comply with all API usage guidelines and limitations
    • Not abuse or attempt to circumvent rate limits or access restrictions

    When using our Widget, you must:

    • Display the Widget in accordance with our branding guidelines
    • Not modify the Widget's functionality without permission
    • Ensure the Widget is used on appropriate websites only
    • Not use the Widget to collect unauthorized user data

    We strongly recommend reviewing these terms periodically for updates.

    4. Account

    When you create an account with us, you must provide accurate, complete, and current information. You are responsible for safeguarding the password and for all activities that occur under your account.

    5. Communications

    By creating an account, you agree to receive emails from us. These may include newsletters, marketing materials, and important service updates. You can opt out of non-essential communications at any time.

    6. Contests, Sweepstakes and Promotions

    Any contests, sweepstakes, or other promotions made available through the Service may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules.

    7. Subscriptions

    Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis. Billing cycles are set either on a monthly or annual basis.

    8. Fee Changes

    We may change subscription fees at any time. Any fee changes will be communicated to you in advance and will take effect at the end of your current billing cycle.

    9. Refunds

    Except when required by law, paid subscription fees are non-refundable. Please review our Refund Policy for more details on eligible refund scenarios.

    10. Content

    Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the content that you post to the Service.

    11. Prohibited Uses

    You may use our Service only for lawful purposes. You agree not to use the Service:

    • In any way that violates any applicable national or international law or regulation
    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
    • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person
    • To engage in any other conduct that restricts or inhibits anyone's use of the Service
    • In any way that could disable, overburden, damage, or impair the Service
    • To use any robot, spider, or other automatic device to access the Service

    Additionally, you agree not to:

    • Use the Service in any manner that could interfere with any other party's use of the Service
    • Use the Service to engage in fraudulent or illegal activity
    • Collect or track the personal information of others without consent
    • Spam, phish, or engage in similar activities
    • Upload viruses or any malicious code
    • Attempt to gain unauthorized access to the Service
    • Interfere with security features of the Service
    • Use the Service for any unauthorized commercial purpose
    • Violate the rights of any third party

    12. Analytics

    We may use third-party Service Providers to monitor and analyze the use of our Service. These providers include:

    Google Analytics

    Google Analytics is a web analytics service that tracks and reports website traffic. The data collected is used to improve our Service.

    Mixpanel

    Mixpanel is provided by Mixpanel Inc. and helps us understand user behavior and improve our Service experience.

    13. Intellectual Property Rights

    The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of NewOaks LLC and its licensors.

    Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NewOaks LLC. You agree not to:

    • Reproduce, duplicate, copy, sell, or exploit any portion of the Service
    • Modify or create derivative works based on the Service
    • Reverse engineer or attempt to extract source code
    • Use the Service for any unauthorized commercial purpose

    14. User Content

    You retain all rights to any content you submit, post or display on or through the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content.

    You represent and warrant that:

    • The content is yours or you have the right to use it and grant us the rights as provided in these Terms
    • The posting of your content does not violate the privacy rights, publicity rights, copyrights, or other rights of any person

    We reserve the right to remove any content that violates these Terms or that we find objectionable.

    15. Limitation of Liability

    In no event shall NewOaks LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation:

    • Loss of profits, data, use, goodwill, or other intangible losses
    • Any damage resulting from your access to or use of the Service
    • Any conduct or content of any third party on the Service
    • Any unauthorized access, use or alteration of your transmissions or content

    16. Indemnification

    You agree to defend, indemnify and hold harmless NewOaks LLC and its licensee and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, arising from:

    • Your use and access of the Service
    • Your violation of any term of these Terms
    • Your violation of any third party right, including without limitation any copyright, property, or privacy right
    • Any claim that your content caused damage to a third party

    17. Termination

    We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever including without limitation if you breach the Terms.

    If you wish to terminate your account, you may simply discontinue using the Service and contact our support team.

    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.

    18. 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.

    19. Changes to Terms

    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page.

    By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

    20. Contact Us

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

    21. Miscellaneous

    Entire Agreement

    The Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

    Waiver and Severability

    No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition.

    If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

    Assignment

    You may not assign or transfer these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

    No Agency

    No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority to bind the other.

    Acknowledgement

    By using our Service, you acknowledge that you have read these Terms of Service and agree to be bound by them.

    These Terms of Service were last modified on October 29, 2024. Please review periodically for updates.