Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Øen Cards platform, including our website at oen.cards, our mobile and web applications, and related services (collectively, the "Service"), operated by Øen Cards ("we," "us," or "our").

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

THESE TERMS CONTAIN A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 17. PLEASE READ THESE PROVISIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.

1. Eligibility

You must be at least eighteen (18) years of age to create an account and use the Service. By using the Service, you represent and warrant that:

• You are at least eighteen years old
• You have the legal capacity to enter into these Terms
• You will use the Service in compliance with all applicable laws
• You are not barred from using the Service under the laws of the United States or any other applicable jurisdiction
• If you are using the Service on behalf of an organization, you have authority to bind that organization to these Terms

2. Account Registration

To use most features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You may not transfer your account to another person without our written consent. You may not create accounts using automated means or for fraudulent purposes.

3. Subscription Plans and Free Tier

3.1 Subscription Plans

We offer various subscription plans with different features and pricing. Plan details are available on our website. Prices may change with notice.

3.2 Free Tier

We may offer certain features at no cost. We reserve the right to modify, limit, suspend, or discontinue any free service at any time, with or without notice. We may also limit free tier access by duration, feature, usage volume, or any other metric we determine appropriate. Continued availability of free services is not guaranteed, and changes to free tier offerings do not entitle you to any compensation or refund.

3.3 Billing

Subscriptions auto-renew at the end of each billing period unless cancelled before renewal. You authorize us to charge your payment method for all fees incurred. If a payment fails, we may suspend or terminate your access to paid features.

3.4 Refunds

All payments are non-refundable except as required by law. We may, at our sole discretion, offer prorated refunds for documented service interruptions exceeding seventy-two (72) consecutive hours. Refund decisions are final.

3.5 Taxes

You are responsible for all taxes associated with your use of the Service, except for taxes based on our net income.

3.6 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until the end of the period for which you have paid.

4. User Content and Intellectual Property

4.1 Your Content

You retain ownership of content you upload, post, or otherwise submit to the Service ("User Content"). User Content includes, but is not limited to, photos, logos, text, designs, contact information, and any other materials you incorporate into your cards or upload to the Service.

4.2 License to Us

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, transmit, display, and distribute the User Content solely for the purposes of operating, providing, and improving the Service.

This license terminates when you delete the User Content or close your account, except to the extent that we have already shared the content with others or are required to retain it by law.

4.3 Your Representations and Warranties Regarding Content

You represent and warrant that:

• You own or have all necessary rights, licenses, consents, and permissions to all User Content you upload
• Your User Content does not infringe any third party's copyright, trademark, trade secret, patent, right of publicity, right of privacy, or other intellectual property or proprietary right
• You have obtained all necessary licenses for fonts, music, photographs, illustrations, video, or other third-party content incorporated into your User Content
• You are responsible for all licensing fees associated with fonts, music, or any other licensed materials you use
• Your User Content does not violate any applicable law, regulation, or these Terms
• Your User Content does not contain false, misleading, or defamatory information about any third party

You are solely responsible for your User Content and the consequences of submitting it. We do not endorse, verify, or guarantee the accuracy of any User Content.

4.4 Our Intellectual Property

The Service, including all software, designs, interfaces, text, graphics, logos, and trademarks (excluding User Content), is owned by Øen Cards or our licensors and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.

The Øen Cards name, logo, and brand elements are our trademarks. You may not use these marks without our prior written permission.

4.5 Content Removal

We reserve the right, but have no obligation, to remove any User Content that we believe, in our sole discretion, violates these Terms, infringes third-party rights, or is otherwise objectionable. We may take such action without notice.

4.6 DMCA / Copyright Complaints

If you believe content on the Service infringes your copyright, please send a notice to [email protected] with the information required under the Digital Millennium Copyright Act.

5. Acceptable Use

You agree NOT to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Impersonate any person or entity, or misrepresent your affiliation
• Upload or distribute viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service, other users' accounts, or our systems
• Interfere with or disrupt the Service or its servers
• Scrape, crawl, or use automated means to access the Service except through our public API as we may authorize
• Use the Service to send spam, unsolicited communications, or harassing messages
• Use the Service to collect personal information about others without their consent
• Use the Service to discriminate, harass, threaten, or harm others
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Remove or alter any copyright, trademark, or other proprietary notices
• Use the Service to create a competing product or service
• Resell, lease, or sublicense the Service without our written permission
• Violate the privacy or rights of others

Violation of this Acceptable Use policy may result in immediate account termination and pursuit of all legal remedies.

6. Investigations and Enforcement

We may investigate suspected violations of these Terms. In the event of a violation, we may take any action we deem appropriate, including but not limited to:

• Issuing warnings
• Suspending or terminating accounts without notice
• Removing User Content
• Reporting violations to law enforcement, regulatory authorities, or other appropriate parties
• Pursuing all available legal remedies, including injunctive relief, monetary damages, and recovery of attorneys' fees and costs

We may cooperate with law enforcement and provide your information when required by law or when we believe such disclosure is necessary to protect our rights or the rights of others.

In the event of a violation of these Terms by you, you agree to pay all attorneys' fees, court costs, expert witness fees, investigation costs, and other expenses we incur in connection with enforcing these Terms or pursuing remedies against you, without limitation as to whether such fees and costs would be considered "reasonable" by any court.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, available at oen.cards/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection, use, and disclosure of information as described in the Privacy Policy.

8. Third-Party Services and Integrations

The Service may integrate with or link to third-party services, websites, or content ("Third-Party Services"). We do not control Third-Party Services and are not responsible for their content, accuracy, privacy practices, or terms.

Your use of Third-Party Services is governed by the terms and privacy policies of those services. We disclaim all liability arising from your use of any Third-Party Services.

If you connect your account to a Third-Party Service, you authorize us to access and exchange information with that service as necessary to provide the integration.

9. Artificial Intelligence Features

The Service includes features that use artificial intelligence and machine learning ("AI Features"), including but not limited to: capture intelligence (paper card scanning, badge data extraction), conversation transcription and summarization (AI Notetaker), team introduction generation, design assistance, customer support agents, contact enrichment, and analytics insights. AI Features may be powered by third-party AI providers, including Anthropic (Claude) and others.

9.1 Nature of AI Outputs

AI Features generate outputs based on probabilistic models. By their nature, AI outputs:

• May be inaccurate, incomplete, biased, or factually wrong
• May produce different results for similar inputs
• May reflect biases present in training data
• May generate content that appears authoritative but is incorrect ("hallucinations")
• May occasionally produce inappropriate, offensive, or unexpected content despite our safety measures
• Are not a substitute for human judgment, professional advice, or verification

YOU ACKNOWLEDGE AND ACCEPT THAT AI OUTPUTS ARE PROVIDED "AS IS" AND MAY CONTAIN ERRORS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING ALL AI-GENERATED CONTENT BEFORE USING IT IN ANY PROFESSIONAL, BUSINESS, OR PUBLIC CONTEXT.

9.2 Your Responsibility for AI Output Use

You agree that:

• You will review all AI-generated content before sending, publishing, or relying on it
• You will not rely on AI outputs as the sole basis for any business, legal, financial, medical, or other important decisions
• You will verify factual claims, names, dates, and other specific information in AI outputs
• You are responsible for any content you publish, send, or share that incorporates AI outputs, regardless of whether the AI generated, suggested, or modified that content
• You will use AI Features in accordance with their intended purpose and these Terms

9.3 No Warranty Regarding AI

WE EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING AI FEATURES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, RELIABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT AI OUTPUTS WILL BE ERROR-FREE, UNBIASED, APPROPRIATE FOR YOUR USE CASE, OR FREE FROM OFFENSIVE OR INAPPROPRIATE CONTENT.

We make no guarantee that AI Features will produce consistent results, will be available continuously, or will function the same way over time as the underlying AI models evolve.

9.4 Limitations and Restrictions on AI Use

You agree NOT to use AI Features to:

• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Generate content that infringes intellectual property rights, including copyrighted works
• Generate content intended to deceive, mislead, or defraud others
• Generate content for the purpose of impersonating a real person without their consent
• Attempt to manipulate, jailbreak, or bypass safety measures of AI models
• Reverse engineer, train competing AI models, or extract training data from AI Features
• Generate content that violates the acceptable use policies of underlying AI providers
• Use AI outputs in high-risk contexts (medical, legal, financial advice, safety-critical decisions, etc.) without appropriate human verification

You acknowledge that AI providers underlying our AI Features (such as Anthropic) impose their own usage restrictions, and your use of AI Features must comply with those restrictions as well.

9.5 Ownership of AI Outputs

As between you and us, you own the AI outputs generated through your use of the Service, subject to:

• The license you grant us in Section 4.2 (to operate and improve the Service)
• The rights of underlying AI providers, who may have rights or restrictions regarding their AI outputs
• Applicable law, which may limit what AI-generated content can be owned, copyrighted, or otherwise protected

You acknowledge that AI outputs may not be eligible for copyright protection in some jurisdictions and that similar or identical outputs may be generated for other users.

9.6 Data Used by AI Features

When you use AI Features, the inputs you provide may be:

• Sent to third-party AI providers for processing
• Temporarily stored for the duration needed to generate outputs
• Used in anonymized or aggregated form to improve our Service
• Subject to the privacy practices of underlying AI providers

We will not use your personal AI inputs to train AI models without your consent. However, AI providers we use may have their own data handling policies, which we cannot fully control.

9.7 AI Costs and Usage Limits

AI Features have computational costs. We may:

• Limit AI Feature usage based on subscription tier
• Implement rate limits, usage caps, or fair use policies
• Modify AI Feature availability, pricing, or capabilities at any time
• Charge additional fees for excessive AI usage with appropriate notice

9.8 No Endorsement of AI Outputs

Outputs generated by AI Features do not represent our views, opinions, or recommendations. We are not responsible for the content, accuracy, or appropriateness of AI outputs. References to third parties, products, or services in AI outputs do not constitute endorsement.

9.9 Reporting AI Issues

If you encounter AI outputs that are inappropriate, harmful, or appear to violate these Terms, please report them to [email protected]. We may, but are not obligated to, investigate reports and take appropriate action.

9.10 Your Indemnification for AI Use

You agree to indemnify us (in accordance with Section 14) for any claims, damages, or losses arising from:

• Your use of AI outputs
• Your publication or distribution of AI-generated content
• Your failure to verify AI outputs before use
• Your use of AI Features in violation of these Terms or applicable law
• Any harm caused to third parties by content you generated using AI Features

10. Service Availability and Modifications

10.1 No Uptime Guarantee

We strive to keep the Service available at all times, but we do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, technical issues, third-party service outages, or other circumstances beyond our control.

10.2 Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service or any part of it at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

10.3 Updates

We may update the Service and its features from time to time. Updates may be applied automatically. You agree to accept such updates as a condition of continued use.

11. Account Termination

11.1 Termination by You

You may terminate your account at any time through your account settings. Upon termination, you will lose access to paid features and the Service.

11.2 Termination by Us

We reserve the right to suspend or terminate your account, with or without notice, for any reason or no reason, including but not limited to:

• Violation of these Terms
• Suspected fraud or illegal activity
• Failure to pay fees when due
• Extended period of inactivity
• Behavior that we determine, in our sole discretion, is harmful to the Service, our other users, or our business

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution.

11.3 Data on Termination

Upon termination, we may delete your account data subject to the retention periods described in our Privacy Policy. You are responsible for exporting any data you wish to retain before terminating your account.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ØEN CARDS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES REGARDING THIRD-PARTY SERVICES

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT.

YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ØEN CARDS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS (THE "ØEN PARTIES") WILL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS, CONTRACTS, OR OTHER INTANGIBLE LOSSES
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• DAMAGES ARISING FROM ANY THIRD PARTY'S CONDUCT OR CONTENT
• DAMAGES ARISING FROM ANY INTEGRATION OR THIRD-PARTY SERVICE

THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE ØEN PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THE BARGAIN BETWEEN US, AND WE WOULD NOT PROVIDE THE SERVICE WITHOUT THEM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Øen Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fines, and fees (including attorneys' fees and court costs, without any limitation as to "reasonableness") arising out of or related to:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your User Content
• Your violation of any third party's rights, including intellectual property, privacy, or publicity rights
• Any disputes between you and another user or third party
• Your negligence, willful misconduct, or fraud

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with our defense of any such matter. You may not settle any claim covered by this indemnification provision without our prior written consent.

This indemnification obligation survives termination of these Terms.

15. Force Majeure

We will not be liable for any failure or delay in performance arising from circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, fire, flood, earthquake
• War, terrorism, civil unrest, riots
• Government actions, regulations, sanctions, embargoes
• Pandemics, epidemics, public health emergencies
• Power failures, internet outages, telecommunications failures
• Acts or omissions of third parties, including service providers and integration partners
• Labor disputes or strikes
• Cyberattacks, denial-of-service attacks, or other malicious actions by third parties

16. Confidentiality

If we provide you with non-public information about the Service (such as beta features, technical documentation, or business information), you agree to keep such information confidential and not disclose it to third parties without our written consent.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ØEN CARDS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

18.1 Informal Resolution

Before filing any arbitration claim, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through good-faith negotiations for at least sixty (60) days before any arbitration may be initiated.

18.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or our relationship (each, a "Dispute") that is not resolved informally will be resolved exclusively through binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) under its applicable rules.

The arbitration will be conducted in Orange County, California, by a single arbitrator. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

18.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. NO ARBITRATOR OR JUDGE MAY COMBINE OR CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITHOUT YOUR AND OUR EXPRESS WRITTEN CONSENT.

18.4 Jury Trial Waiver

YOU AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE.

18.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in court to protect intellectual property rights, prevent unauthorized access to the Service, or address breaches of confidentiality. Claims under $10,000 may be brought in small claims court if eligible.

18.6 Costs

The party initiating arbitration pays the initial filing fees, subject to applicable arbitration rules. The arbitrator may award reasonable attorneys' fees and costs to the prevailing party.

18.7 Survival

This Section 17 survives termination of these Terms.

19. Modifications to These Terms

We may modify these Terms at any time. When we make material changes, we will notify you by email or through a prominent notice on the Service before the changes take effect. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

If you do not agree to the modified Terms, you must stop using the Service.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced in these Terms, constitute the entire agreement between you and Øen Cards regarding the Service and supersede all prior agreements.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced with a valid provision that comes closest to the intent of the original.

20.3 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. No waiver is effective unless in writing.

20.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms at any time without notice.

20.5 Notices

We may provide notices to you through the Service, by email to the address associated with your account, or by other means. Notices to us must be sent to [email protected] or to our mailing address listed in Section 21.

20.6 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Øen Cards.

20.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that our affiliates, officers, employees, agents, and licensors are intended third-party beneficiaries of Sections 12, 13, and 14.

20.8 Headings

Section headings are for convenience only and do not affect interpretation.

21. Export and Sanctions Compliance

You represent that you are not located in, under the control of, or a national or resident of any country subject to United States embargo, sanctions, or other restrictions, and that you are not on any United States government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws.

22. Contact Information

If you have questions about these Terms, you may contact us:

23. Legal Entity

Øen Cards is a registered fictitious business name (DBA) of Aidin Foster, an individual located in Mission Viejo, California, United States. References to "Øen Cards," "we," "us," and "our" in these Terms refer to this legal entity.