Terms

This website and any other websites operated by Oak (the "Website" or "Websites") are a service made available by Oak LLC (“Oak”) through which those who arrive at the Website and agree to the Terms (the “User(s)”) can access the Oak AI Platform (the “Oak Platform” or “Platform”).

Capitalized terms not specifically defined herein carry the definitions as applied within our Privacy Policy.

Through the Platform, we present you with information provided by you or other Users that may be relevant to the content you access through the Platform. You and other Users can provide and share this information on the Platform, and we may present that information back to you in various ways. What you do choose to do with that information is up to you.

Any information presented via the Platform is either general information or information that you or another User has provided.

The opinions and information provided by our Users, as presented through the Platform or by other means, are not Oak’s opinions or advice from Oak.

Oak does not vet or verify the opinions of our Users.

Oak LLC is not a law firm and does not provide legal advice.

Information on the Platform is presented independent of any legal knowledge, legal precedent, implication, or regulation applicable to your specific situation. We recommend you consult an appropriate professional service provider if you want legal, financial, or other professional advice.

By using the Website or Platform, you, or the entity you represent, agree to be bound by these Terms.

If you do not agree to these Terms, we encourage you to contact us and let us know why. We will try and do better!

In the meantime, do not use the Website or Platform.

Although the Website and Platform may be accessible worldwide, not all products, services, or features discussed or referenced on this Website or the Platform are available to all persons or in all geographic locations.

Oak reserves the right to limit, in its sole discretion, the provision of any product, service, or feature to any person or geographic area it so desires.

Any offer for, or access to, any product, service, or information on this Website or the Oak Platform is void where either the use or provision of such product, service, or information is prohibited.

Accessing the Oak Platform or Website indicates your acceptance of these Terms, and makes you a User under this Agreement.

As a User, you agree you will:‍

• Provide information that is truthful, accurate, and complete, and that you will maintain the accuracy of such information.
• Take reasonable steps to prevent unauthorized access to the Platform using your account or credentials, including protecting passwords and other log-in information.
• Notify Oak immediately of any known or suspected unauthorized use of the Oak AI Platform or breach of its security.
• Access the platform and/or website(s) for the purpose of commentary and review in compliance with the doctrine of fair use as defined under U.S. copyright statute and all other applicable copyright laws.
• Comply with all applicable laws and regulations in your jurisdiction.
• Access the Oak Platform only from an Available Region, as defined in these Terms.
• Update your geographic information on the Platform if you move between, or in or out of, Available Regions.
• Promptly report any potential misuse or infringement related to the use of the Platform or Website and fully co-operate with any investigation or action arising from such a report.
• Indemnify and hold Oak harmless from any and all liability, claims, and/or damages arising from your failure to comply with applicable copyright laws.

You agree you will not:‍

• Interfere with any other User’s ability to use or enjoy the Oak Platform.
• Use the Oak Platform for anything other than your personal, noncommercial use.        ‍
• Upload or share any content which you do not own for any purposes other than commentary and review.
• Access the Platform for any purposes that violate copyright law, including reproduction, distribution, public display, or creative or derivative works inconsistent with the doctrine of fair use.
• Provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Platform or Services through you or using your account.
• Manipulate headers or identifiers to disguise yourself or the origin of your User data.
• Allow or facilitate third parties to exploit the Oak Platform.
• Supply any content or material that is (i) fraudulent, (ii) infringing on the rights of any third party, (iii) libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate (including images of a sexual nature) or (iv) otherwise unlawful.
• Provide Oak Platform passwords or other log-ininformation to any third party.
• Share non-public Oak information, Platform features or content with any third party.
• Access the Website or Platform in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Website or Platform, train or derive models using Oak Platform data, or to copy or imitate any ideas, features, functions, graphics, content, or other IP of the Website or Platform.*
• Access the Oak Platform using automated, programmatic, or scripted means.**
• Engage in web scraping or data scraping on or related to the Website or Platform, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, interfaces, communications, processes, or underlying structure, ideas, know-how, or algorithms relevant to the Services.
• Attempt to exploit, hack, bias, interfere with, or intentionally subvert Oak AI Platform technologies, services, models, interpretations, or responses through your use of or access to the Platform, or collude with others to do so.
• Use any portion of the Oak Platform for any unlawful purpose.
• Engage in, encourage, or facilitate conduct that would constitute a criminal offense or give rise to civil liability.

As Oak, we agree we will:

• Do our best to make the Platform awesome, and these Terms worthwhile.

* If you are curious and passionate about building ethical AI tools, we would love to talk! We work with people and organizations of all types and would love to evaluate a mutually beneficial arrangement.

** If you are interested in accessing our technologies through Oak APIs, please contact us for more information.

You acknowledge that Oak may host the Platform using its own infrastructure or it may engage one or more third parties to host on its behalf, and hereby consent to and acknowledge you are subject to any and all constituent agreements provided by any third parties engaged by Oak to support the Platform to which you are provided.

Oak may require proof that you are following these rules at any time, and reserves the right to audit your use of the Platform or Services to ensure your compliance with this Agreement. Oak reserves the right to suspend, pause, restrict, or terminate user sessions, user accounts, and/or activities that are suspected to be used for purposes counter to the best interests of Oak, the Oak Platform, or our Users. These activities include but are not limited to the requirements listed above, as well as any activity deemed fraudulent, malicious, or exploitative. Termination or suspension may be performed without advance notice, in addition to such other remedies as Oak may have, to include releasing your details to system administrators at other sites in order to assist them in resolving security incidents.

Unless you are legally emancipated, you must be 18 years of age to use the Oak Platform without the consent of a parent or legal guardian. Use by anyone under the age of 18 must be done with parental or guardian consent and under the guidance of a parent or guardian.

Our services are not intended for children under the age of 13. We do not knowingly solicit or collect personal information from children under the age of 13. If we learn that any personal information has been collected inadvertently from a child under 13, we will delete the information as soon as possible. If you believe that we might have collected information from a child under 13, please contact us at privacy@oak.ai

Early Access means products or services that are identified as Early Access, Alpha, Beta, not generally available, limited release, preview, or any otherwise identified pre-release products or services offered by Oak.

Early Access products or services are pre-release versions that Oak may or may not finalize, release, or choose to pursue or productize as exhibited. If and when you are provided with the opportunity to use or preview Early Access aspects of our Platform, you acknowledge that such Early Access aspects may not represent final, released versions of Oak products or services and are likely to change in form, function, and availability, with or without warning, and what you see may not accurately represent the form or function of the released product, service, or feature.

You agree that until such aspects are formally finalized and released to the general public, you will not disseminate information about Early Access features, products, or services in public forums, including news media, social media, web forums, or other broadcast or public venues without the express permission and prior written consent of Oak.

If you are excited about something you see - do get in touch, we would love to find a way for you to share your enthusiasm!

We are doing our best to provide a robust and useful platform, but it is early days for Oak.

We know the Oak Platform will change, and the products and services we offer will change over time. Some services may go away or be presented in different forms. We want to provide you with the best possible experience, and sometimes that means getting rid of features that don’t best serve the needs of our users.

We are letting you know this because – if you really love something you see or cherish a feature, please tell us! We care and want to have that conversation with you.

The Oak Platform is provided on an 'as is' and ‘as available’ basis. Oak makes no representations or warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Although we go to great lengths to make sure our Platform is useful, we do not warrant or make any representations concerning the accuracy, completeness, adequacy, currency, or validity of the results for Users of the Platform or Services.

Oak will make reasonable efforts to provide reliable service, but we do not guarantee access, and the Oak Platform, or portions of it, may be unavailable at times. We will do our best to communicate this and restore services as soon as we are able.

You agree to indemnify and hold Oak and its employees, agents, contractors, or licensors (“Oak Parties”) harmless from any claim, proceeding, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of information or content uploaded to, generated on, or accessed through the Oak Platform, your use of the Oak Platform, your violation of the Terms, or your violation of any rights of another. You also expressly agree to indemnify and hold harmless Oak, LLC for any errors, omissions, or negligence by Oak, or the employees, agents, or contractors of Oak, with respect to the Oak Platform or the content available through the Oak Platform. In no event will the Oak Parties’ aggregate liability to you in connection with the Platform or services or these terms exceed (a) the amount (if any) paid by you to  Oak in the twelve months immediately preceding the event which gave rise to the liability or (b) one hundred dollars ($100), whichever is less.  This limitation of liability is cumulative and not per incident.

As we go, we would like to focus on what you care about most. Ask us for what you want and need from us.

This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Oak agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Oak Platform or Services, (ii) any subscriptions or other purchases, transactions or relationships related to your use of the Platform or Services, or (iii) any data or information you may provide to Oak or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “Oak Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with Oak Services, or engaging in any other Oak Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us via good-faith consultation. If those efforts fail, by using the Oak Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any Oak Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted through virtual electronic means, in the application of Texas law irrespective of any conflict of law principles, and in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated. The applicable rules can be found at www.jamsadr.com.

This said, this section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction.

You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of Oak Services, or these Terms, or other Oak Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We may, at our sole discretion, change the pricing of our products and services, and we may offer comparable products and services at different prices. Any pricing changes will apply to purchases occurring after the time of the price change.

Portions of the Oak Platform may utilize credits or tokens (“Oak Tokens”). Oak Tokens may be earned, purchased, or granted by various means through the Oak Platform. Oak Tokens have no cash value and cannot be redeemed or exchanged for anything other than access to Oak Platform services at this time.

Oak Tokens are purchased via electronic payment through the Oak Platform. Transaction fees may be charged at the market rates in accordance with the payment processor’s terms and conditions. We will attempt to give you advance notice of pricing changes prior to billing, but we will not be able to notify you of any changes in applicable taxes. Except to the extent otherwise provided in your account, all Oak Tokens are purchased in U.S. dollars.

Changes to our prices and services may impact the utility of Oak Tokens. For example, we may make changes to a service and change the number of tokens required to access the service, or the features provided by the service.  We will attempt to communicate the change in advance and address your concerns as these situations arise.

At this time, Oak Tokens cannot be exchanged, gifted, transferred, or refunded. All purchases are final - but do reach out if you feel something is not right.

We want to build a mutual, reciprocal relationship with you and endeavor to be fully transparent in how we use your data. We love (and need) your Feedback and Contributions, and we want to do the right thing when it comes to managing what you choose to share.

We also want to be clear – we treat your Personal Information and User Content as your data, which you have the ability to control. This includes:

• Your account information
• What content you interact with through the Platform
• Your usage data

This section of these terms applies to data that you intentionally share with us to improve our Platform. How we handle your Personal Information and User Content is detailed in our Privacy Policy, not here.

This section of these terms applies to data that you intentionally share with us to improve our Platform.

We define two types of Intellectual Property that you may choose to share with us - Feedback and Contributions.

“Feedback” refers to any suggestion or idea for improving or modifying any of Oak’s products or services.

“Contribution” or "Contributions" refers to any information or content that you provide to Oak with the explicit intent to directly benefit our products or services or other Users of our products or services. This may include: uploading, providing, tagging, reviewing, or otherwise updating or modifying content or information that we may use in our products or services.

If you see anything on the Website or Platform that says “Contribute” or "Contributing", it indicates that if you proceed, you are giving us the go-ahead to retain and use that information for our business purposes.

At this time you may not withdraw or restrict the usage of Contributions once they have been provided, or specify the scope of how Contributions are used. We intend to give you more options in the future. Please contact us with questions about this.

Contributions and Feedback you provide to Oak as a User are considered Oak’s Intellectual Property. Nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Oak’s right to use, profit from, disclose, publish, keep secret, or otherwise use Feedback or Contributions, with or without compensating or crediting you. This said, you acknowledge that such usage may incidentally improve Oak’s algorithms given the machine learning nature of the Service.

For greater certainty, Feedback and Contributions will not be considered your trade secret, you waive any moral rights or other rights to this Feedback and Content, and your use of the Platform, election to Contribute while using the Platform, and/or acceptance of these Terms assigns your intellectual property rights in the Contributions and/or Feedback to Oak.

The Platform and its components are protected by copyright, patent, trademark, and other laws. We retain all right, title, and interest in and to the Oak Platform, including without limitation all software used to provide the Oak Platform and all graphics, user interfaces, logos, and trademarks reproduced through the Platform. This Agreement does not grant User any intellectual property license or rights in or to the Platform or any of its components, except to the limited extent that such rights are necessary for use of the Platform.

Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, Oak reserves the right, but without obligation, to terminate use of the Platform or Services if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that any User Content is defamatory or infringes your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement ip@oak.ai.

A “Patent Assertion Entity,” sometimes referred to as a ‘non-practicing entity’ or a ‘patent troll,’ is (a) any entity that derives or seeks to derive most of its revenue from the offensive assertion of patent rights, or (b) directly or indirectly controls, is controlled by, or is under common control with an entity described in (a).

If you are a Patent Assertion Entity or are acting on behalf of, or for the benefit of a Patent Assertion Entity, you will not assert - or authorize, assist, encourage, or enable any third party to assert - any claim or pursue any actions, suits, proceedings, or demands, against Oak or its affiliates that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). This section will survive any termination or expiration of these Terms.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.          

The failure of either party to enforce at any time the provisions of the Agreement, or the failure to require at any time performance by the other party of any of the provisions of the Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of either party to enforce each and every such provision thereafter.  

The express waiver by either party of any provision, condition or requirement of the Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect.

In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

We want your relationship with us to be a reciprocal one that we both feel good about!
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We do not and cannot respond to questions about third-party content that you upload to or access through the Platform.

For any questions or issues related to the functioning of the Website or Platform, please get in touch.

Expect to see a beginning at the end?

This is the end of this Agreement, but the beginning of our relationship, should you choose to accept. We hope this has been a fun read and more informative than most Terms you encounter.

Thank you for your time! We are so excited that you are here and hope you are along for the ride. 😉