Ona Terms of Service
Ona makes no representation that usage of the Services or any related content are appropriate or available for use in your country. You acknowledge and agree that you are responsible for ensuring that your use of this service complies with all relevant local and international laws.
1. Using Ona
You must register a user account to access the Ona service. Your account grants you permission to use the Site and Services. You must adhere to all policies posted within the Services. As a condition of your use of the Services, you warrant to Ona that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.
2. Organization and Personal accounts
You acknowledge that you are responsible for all activity occurring under the use of your account. You are responsible for maintaining the security of your account and password. Ona will not be liable for any loss or damage that results from your failure to do so. You are solely responsible for all your account activity when using this service.
If you have an organization account you can have one or more administrators. Administrators will have the ability to manage users in your organization and configure the Services to meet your organization needs. We are not responsible for the actions of the appointed administrators for your organization or users in your organization. You are responsible for the sharing of data by members of your organization and for ensuring that you do not lose access to your organization account.
You are responsible for any data or content uploaded to the service and retain full ownership of it. Data uploaded to an organization account will be deemed to be owned by the organization and data to a user account to that user. In using this service, you understand the service allows you to share your data with others and acknowledge that Ona will not be responsible for how your data is used by others if it is shared or made public. If you leave this service, we will make all reasonable efforts to remove your data.
If you delete data you have stored in the service we are neither responsible for nor expected to recover it.
To enhance your use of the service, we may copy, cache or modify your data to improve the system's performance.
4. Account payment, upgrades and cancellation
Some of the Services require payment under subscription plans. To ensure prepayment for Services, if you pay by credit card will be charged the subscription fee on the first day of your billing period. If you wish to cancel your subscription, you will need to let us know prior to your billing data to avoid being billed against. Partial refunds will not be issued for the remainder of unused time. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your account to a free plan or inform us you do you not want to renew your subscription. You can upgrade your service at any time. When upgrading any unused account credit will be applied pro-rata towards your upgrade.
5. Account Suspension
We reserve the right to cancel or suspend your account for any reason by providing you thirty days notice in advance. You are responsible to back-up the data from your site because you will not have access when your account is canceled. If you breach any of the terms of this agreement your the license granted by this agreement will terminate automatically. If we cancel your account without justification we will refund any paid credit on a pro-rata basis.
6. Inactive User Accounts Policy
We reserve the right delete unpaid, inactive accounts and data associated with these accounts. An inactive account is defined as any account that has not been used for 120 days (4 months). Prior to deletion, we will provide you notice by your registered email address and you will have the ability download your data through the service.
7. API Usage
When using the API you must include your account’s unique API key. Unauthorized use of your API key, including transfer to another user, is prohibited. You may not use the API in any manner which could damage overburden or impair the ability of Ona to offer the service to other users. In such an event, Ona reserves the right to suspend or limit your accounts access to the API. We may changes to the API. It is your responsibility to ensure that your API requests are compatible with the current version of the published API available at https://api.ona.io/api/v1. We will make every effort to avoid making changes that are not backwards compatible. If such changes are necessary, we will make reasonable efforts to ensure these changes are communicated in advance.
8. Changes to services or terms
We reserve the right to modify these Terms at any time by posting the changed terms on this site. All changes shall be effective immediately upon posting. Important changes will be communicated by email, however, please check the Terms periodically for changes. Your continued use of the Services after we post changes constitutes your binding acceptance of these new terms. We also reserve the right to make future changes in the functions and features of the service over time.
Ona, the Ona logo the names of individual Services and their logos are trademarks of Ona Systems, Inc. You agree not to display or use, in any manner, the Ona’s trademarks, without Ona’s prior permission.
10. Communications from Ona
As a user of the service, you accept that Ona will occasionally send communications regarding important service announcements and administrative messages as needed. Since we respect your policy, you will have the option of option out from receiving newsletters from Ona. You will not, however, be able to opt-out from the administrative and service announcements.
11. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ONA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONA MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ONA, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12. Limitation of Liability
YOU AGREE THAT ONA SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ONA’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
13. U.S. Digital Millenium Copyright Act
If Ona receives a notice alleging that material from your account infringes another party’s copyright, Ona may disable your user account or remove alleged material in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act).
The designated copyright agent to receive notifications of claimed infringement is:
Ona Systems, Inc. Tel: +1-202-810-9662 Email: email@example.com
14. E.U. General Data Protection Regulation
You are not allowed to use the Service for the collection of private or sensistive data on European Union citizens without signing a Data Processing Agreement that complies with the General Data Protection Regulation (GDPR). We strongly encourage all users, including those with GDPR compliant forms, to use encrypted forms, which provide an additional level of security. Please contact us for further information: firstname.lastname@example.org.
March 30th, 2018: Added restrictions on collecting data in violation of the GDPR.
Sept 14th, 2015: Added service definition and terms, payment and cancelation details.