Last revised on 13 January 2023
Otivia LTD. operates the Otiv.Dev service, which we hope you use. If you use it, please use it responsibly. If you don't, we'll have to terminate your account.
You own the tasks that you import into Otiv.dev and you're responsible for keeping them safe.
That's the basic idea, but You must read through the entire Terms of Service below and agree with all the details before You use any of our sites (whether or not you have created an account).
Your use of the Otivia Ltd. service is governed by this agreement (the "Terms"). "Otivia Ltd." means Otivia Ltd. Inc. The "Service" means the services Otivia Ltd. makes available include our web sites (Otiv.Dev, Otivia.co.uk), our blog, our API, and any other software, sites, and services offered by Otivia Ltd. in connection to any of those. "Customer Source Code" means any source code you submit to Otivia Ltd. for the purpose of using the Service. "Content" means all content generated by Otivia Ltd. on your behalf (including metric data) and does not include Customer Source Code.
In order to use the Service, You (the "Customer", "You", or "Your") must first agree to the Terms. You understand and agree that Otivia Ltd. will treat Your use of the Service as acceptance of the Terms from that point onwards.
Otivia Ltd. may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Otivia Ltd. will treat Your use as acceptance of the updated Terms.
If you have any question about the Terms, please contact us at vito@otivia.co.uk.
You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.
You may not use the service unless you are over the age of 13.
You must be a human. Account created by automated methods are not permitted.
You must provide accurate and complete registration information any time You register to use the Service.
You are responsible for the security of Your passwords and for any use of Your account.
Your use of the Service must comply with all applicable laws, regulations and ordinances.
You agree to not engage in any activity that interferes with or disrupts the Service.
Otivia Ltd. reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in Otivia Ltd. disabling or throttling your usage of the Service for any amount of time.
You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees.
The Service shall be subject to the privacy policy for the Service available at privacy policy. You agree to the use of Your data in accordance with Otivia Ltd.'s privacy policies.
Otivia Ltd. may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
You must cancel Your account via otiv.dev/profile that you can access by clicking your name in the top right corner. An email to cancel Your account is not considered cancellation.
All of Customer Source Code and Content will, within a reasonable amount of time to be determined solely by Otivia Ltd., be deleted from the Service upon cancellation.
You agree that Otivia Ltd., in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that Otivia Ltd. will not be liable to You or any third party for such termination.
Otivia Ltd. claims no ownership or control over any Customer Task Data.
You retain copyright and any other rights
You already hold in the Customer Source Code and You are responsible for protecting those rights, as appropriate.
You agree to assume full responsibility for configuring the Service to allow appropriate access to any Customer Source code provided to the Service.
You understand that public projects display Customer Source Code to any party on the Internet, including search engines and web spiders.
You understand that private projects will display Customer Source Code to You and any collaborators that you designate for that project.
You retain sole responsibility for any collaborators or third-party services that you allow to view Customer Source Code and entrust them at your own risk.
Otivia Ltd. is not responsible if you fail to configure, or misconfigure, your project and inadvertently allow unauthorized parties view any Customer Source Code.
You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Otivia Ltd. under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You acknowledge and agree that the Service may change from time to time without prior notice to You.
Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
Otivia Ltd. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Otivia Ltd. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
Otivia Ltd. gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by Otivia Ltd. as part of the Service as provided to You by Otivia Ltd.. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by Otivia Ltd., in the manner permitted by the Terms.
You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Otivia Ltd., in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.
Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with Otivia Ltd. for the use of the components of the Service released under an open source license.
You expressly understand and agree that your use of the service is at your sole risk and that the service is provided "as is" and "as available.".
You agree that Otivia Ltd. has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that You are solely responsible for securing and backing up Customer Source Code.
Otivia Ltd. does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed.
You expressly understand and agree that Otivia Ltd., its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not Otivia Ltd. has been advised of or should have been aware of the possibility of any such losses arising).
The Terms constitute the whole legal agreement between You and Otivia Ltd. and govern Your use of the Service and completely replace any prior agreements between You and Otivia Ltd. in relation to the Service.
You agree that if Otivia Ltd. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Otivia Ltd. has the benefit of under any applicable law), this will not be taken to be a formal waiver of Otivia Ltd.'s rights and that those rights or remedies will still be available to Otivia Ltd..
Otivia Ltd. shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.