Ozzie | Terms of Service

USE OF THE OZZIE SERVICES

1.1. Service Description. The Services enable you to build healthier financial habits through personalized financial planning, coaching, and money management goals. You may use the Services so long as you comply with these Terms. Subject to payment of the fees and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your own personal use and not for any commercial or business purpose. You obtain no other rights in the Services except to use them in compliance with these Terms.

1.2. Free Financial Personality Assessment. As part of the Services, we offer a free financial personality assessment. The results of this assessment are automatically analyzed and used to provide you with financial planning and coaching services, and personal finance management tools.

1.3. Eligibility. The Services are only for use by persons over the age of 18. You may not use the Services if you have been previously suspended or removed from the Services by Ozzie. By using the Services, you affirm that either you are at least 18 years of age or have been authorized to use the Services by your parent or legal guardian who is at least 18 years of age. If you are a parent or legal guardian and give your child permission to use our Services, these Terms apply to you, and you are responsible for your child’s activities on our Services.

1.4. Accessing the Services. Access to and use of the Services requires access to the Internet. You are responsible for providing all equipment and services necessary to establish a connection to the Internet and otherwise necessary to access and use the Services, along with any telephone, wireless, or other connection and services fees associated with such connection. Accessing or using the Services may allow you to receive content on your mobile phone or wireless device. The way that content is delivered to your mobile phone or wireless device may cause you to incur extra data, text messaging or other charges from your wireless carrier, which are your sole responsibility.

1.5. Privacy. For information regarding how we collect, use, and disclose personal information in connection with providing the Services, please see our Privacy Policy, located at https://www.ozzieapp.com/privacy.

2. USE RESTRICTIONS

2.1. Restrictions. You are prohibited from using the Services in any of the following ways:

(a) copy, modify or make derivatives or improvements of the Services or any other documentation that Ozzie makes available when you use the Services;

(b) store or transmit a program, routine, or device designed to delete, disable, deactivate, interfere with, prevent access to, or otherwise harm any software, program, data, device, system, or service, including without limitation, any time bomb, virus, drop dead device, malicious logic, worm, Trojan horse, or trap or back door;

(c) store or transmit any infringing, defamatory, libelous, obscene, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights or other rights;

(d) disassemble, reverse engineer, decompile, translate, or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Services;

(e) sell, assign, transfer, sublicense, lease, pledge, distribute, rent, or otherwise share your rights under these Terms, or include any portion of the Services in a service bureau or outsourcing offering;

(f) modify, obscure, or remove any product identification or proprietary notices connected to the Services, including any Content;

(g) modify or incorporate the Services, including any Content, into or with other software;

(h) interfere with the operation of the Services;

(i) bypass, breach or disable any usage limit, security device, copy control or digital rights management tool, or other protection used in the Services;

(j) access or use the Services for the purposes of benchmarking or competitive analysis, or developing any product or service competitive to Ozzie; or

(k) use the Services in violation of any applicable law, regulation, rule, or these Terms.

2.2. Unauthorized Action. If you become aware of any actual or threatened activity that is prohibited in Section 2.1 (Restrictions), you must immediately:

(a) take all reasonable and lawful measures necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Services); and

(b) notify Ozzie of any such actual or threatened activity.

2.3. Our Rights. We have the right to take any of the following actions in our sole discretion without providing any prior notice to you and without liability to you or any third party:

(a) change or terminate all or any part of the Services;

(b) restrict or terminate your access to or ability to use all or any part of the Services;

(d) deny access to or the ability to use the Services to anyone at any time in our sole and absolute discretion.

3. ACCOUNTS

3.1 Registration. You may be required to create an account to use the Services. When establishing your account, you agree to provide (and update as necessary) true, accurate, current, and complete information. If messages sent to the e-mail address you provide are returned as undeliverable, then we may terminate your account, and the information you have submitted to the Services may no longer be available to you.

3.2. Account Security and Responsibility. Once you complete account registration, you are responsible for maintaining the confidentiality of your password and account, and you may not share your password or account with another person. You are responsible for all activities that occur under your account. If you lose your password or become aware of access to your account other than by you, you agree to notify us immediately. If we believe that your account has been compromised, we may require you to update your password. In the event we reasonably believe that your actions negatively affect other users or third parties, we may warn such other users or third parties. We may also investigate any perceived misuse of your account, refer matters to law enforcement, and take other legal action. We reserve our right to cancel, suspend, or limit the use of your account at our sole discretion. We are not liable to you or any third party for any unauthorized use of your account, including, without limitation, any damage that results from any compromise or theft from your account.

3.3. Support. We have no obligation under these Terms to provide support, maintenance, upgrades, modifications, or new releases of the Services.

4. FEES

4.1. Subscription Terms; Autorenewal. You may choose to obtain an annual subscription by paying a subscription fee in advance or you may choose to purchase a monthly subscription. If you choose an annual subscription, you will be charged at the commencement of the subscription term and annually thereafter. If you choose a monthly subscription, you will be charged a fee each month until you cancel.

4.2. Canceling Your Subscription. If you choose to cancel your subscription, you can do so through your Apple account (if applicable), your account with us, or by contacting us by email at hello@ozzieapp.com. You must cancel at least 24 hours before the end of the then current annual or monthly term (as applicable) to avoid incurring additional charges as the result of an automatic renewal. All subscription fees are non-refundable. However, if you choose to cancel prior to the end of your current term, you will continue to have access to use the Services for the remainder of your then current term.

4.3. Payment. In order to pay the Fees, you must provide and maintain a current credit card, debit card or bank account information on file with us. You grant us the right to charge the credit card or debit card or debit the bank account for all fees due during the applicable term. If your payment information is no longer current, we reserve the right to try to update your payment information using your card provider's update service. You authorize us to continue billing your account with the updated information that we obtain through that service. If you fail to maintain current payment information with us, we may immediately terminate your subscription and the Services will no longer be available to you.

4.4. Free Trials. Upon expiration of your Free Trial, you will be automatically enrolled in a monthly subscription at the then-current monthly rate. We will notify you of any upcoming automatic charges at least three days prior to enrollment.

5. THIRD-PARTY MATERIALS The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Ozzie is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Ozzie does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you. The inclusion of any Third-Party Materials and links does not imply recommendation, approval, or endorsement by Ozzie, and your access and use of them is entirely at your own risk and subject to such third parties’ terms and conditions. Linked sites are not under the control of Ozzie, and Ozzie is not responsible for the contents of any linked site or any link contained in a linked site.

6. OPEN BANKING

6.1. Open Banking Partners. We take part in “Open Banking,” in which your banks or financial institutions provide us with your banking and financial information through certain third-party services. Open Banking helps us provide you with real-time access to your financial information, such as your spending and payment activity. As part of setting up your account, we will request your permission to access your bank accounts and other financial accounts using our Open Banking provider, Plaid. In order to use certain important features of the Services, you must accept and agree to Plaid’s terms of use. For more information, please see Plaid’s End User Services Agreement and Privacy Policy.

6.2. Limited Power of Attorney. By using the Services, you expressly authorize Ozzie and its third-party service providers to access your financial account information maintained by the third parties identified in Section 6.1 (Open Banking Partners), on your behalf as your agent. If required, Ozzie will submit information, including log-in credentials, that you provide to log into the Services. You hereby authorize and permit Ozzie to use and store information submitted by you to accomplish the foregoing and to configure the Services so that they are compatible with the third-party services for which you submit your information. For purposes of these Terms and solely to provide the financial account information to you as part of the Services, you grant Ozzie a limited power of attorney, and appoint Ozzie as your attorney-in-fact and agent, to access third-party sites or services, and to retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You agree that when Ozzie is accessing and retrieving account information from third-party sites or services, Ozzie and its third-party service providers are acting as your agent, and not on behalf of the third party that operates the third-party site or service. Notwithstanding the foregoing, Ozzie does not review your financial information from your linked financial institutions for accuracy and is not responsible for any losses or problems resulting from the account information provided through the Services, including any error or inaccuracy.

7. OWNERSHIP AND LICENSE

7.1. Ownership of the Services. We own or have the right to provide you with access to and use of the Services. The Services include: (i) all software and code that comprise and operate the Services (“Software”), and (ii) all materials we provide through the Services, the App, and the Site, including any text, photographs, illustrations, images, graphics, audio, video, and URLs (“Content”). The Services are protected by and subject to certain copyright, trademark, service mark, patent, or trade secret laws (“Intellectual Property Rights”).

7.2. User Content. The Services may provide users with the ability to add, create, upload, submit, distribute, or share content on or through the Services (“User Content”). If you provide any User Content, you acknowledge that we: (i) have the right to reproduce, translate, encode, publish, use, and distribute any and all of your User Content to the extent necessary to provide and operate the Services; (ii) have the right to aggregate any and all User Content and to use such aggregated data for any lawful purpose, including, without limitation, improving the Services; and (iii) are not responsible or in any way liable for any corruption, misdelivery, or other loss of any User Content. As between you and us, you own all right, title, and interest in and to your User Content. User Content excludes Feedback as defined in Section 7.3 (Feedback) below.

7.3. Feedback. We appreciate your ideas, suggestions, proposals, and other feedback about the Services (“Feedback”). By submitting Feedback to us, you agree that: (i) you will not include any confidential, proprietary information or sensitive personal information in any of your Feedback; (ii) we are not under any obligation of confidentiality, express or implied, with respect to any; (iii) we are entitled to disclose and use Feedback for any purpose and in any way; and (iv) you are not entitled to any compensation or reimbursement of any kind for our use of the Feedback.

8. FREE TRIALS; BETA SERVICES

8.1. General. From time to time, Ozzie may:

(a) make the Services available to you free of charge for evaluation purposes upon providing valid payment information until the earlier of: (i) the end of the Free Trial period as stated by us and at our sole discretion; (ii) the start date of any purchased subscription to the Services; or (iii) termination by us in our sole discretion (a “Free Trial”); or

(b) invite you to try products or features related to the Services that are not generally available to all of Ozzie’s customers, or release products or features related to the Services that are identified in the Services as beta, preview, pilot, limited release, or by a similar designation (“Beta Services”). Ozzie may discontinue the Beta Services at any time in its sole discretion, and Ozzie may decide not to make the Beta Services generally available.

8.2. No Warranty or Obligation. Free Trials and Beta Services may be provided for evaluation or testing purposes only, and, therefore, may contain bugs or errors. Free Trials and Beta Services are provided “AS-IS,” and any obligations Ozzie has to you under these Terms do not apply. OZZIE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO FREE TRIALS AND BETA SERVICES, AND OZZIE HEREBY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO FREE TRIALS AND BETA SERVICES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

TERMINATION

9.1. Right to Terminate. We reserve the right, with or without notice and in our sole discretion, to terminate these Terms, your account, and your ability to access or use the Services for any reason, including, without limitation, (i) for your failure to pay the fees when due or if you payment method is no longer valid; (ii) if we believe that you have violated or acted inconsistently with the Terms; or (iii) in the case of any activity by you that may harm us or other users, including, but not limited to, fraud, abuse of privileges, or misuse of the Services. You agree that we will not be liable to you or any third party for any such termination.

9.2. Effect of Termination. Upon expiration or earlier termination of these Terms, all rights granted to you under these Terms will terminate and you shall immediately discontinue use of the Services.

10. DISCLAIMERS AND LIMITATION OF LIABILITY

10.1. The Services Are Not a Substitute for Professional Advice. The Services are for informational and personal uses only. We are not providing health or financial advice. We make no representations that use of the Services will lead to any specific health or financial benefits. The Services are not a substitute for seeking professional financial or health advice. The information provided in the Services should not be regarded or relied upon as a comprehensive assessment concerning your financial or psychological well-being. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Services or your use of the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information or other content available through the Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information or other content within the Services.

10.2. Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND WITHOUT ANY CONDITION OR WARRANTY, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING NO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES, OR ANY OF THE RESULTS FROM THE USE THEREOF, WILL MEET YOUR, OR ANY THIRD PARTY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL CODE. WE EXPRESSLY DISCLAIM THAT THE SERVICES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE. WE DO NOT REPRESENT THAT ANY DATA, COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER INFORMATION THAT WE COLLECT, STORE, OR TRANSMIT IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES WILL NEVER BE ERRONEOUSLY DELETED OR MISDELIVERED. YOUR ACCESS TO AND USE OF THE SERVICES, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES AND USE OF ANY INFORMATION WE MAY PROVIDE, OR RESULTS GENERATED, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES ARE AT YOUR SOLE OPTION, DISCRETION AND RISK.

10.3. Your Liability; Indemnification.

(a) YOU AGREE THAT YOU WILL ONLY ACCESS AND USE THE SERVICES IN ACCORDANCE WITH THESE TERMS. YOU WILL COMPENSATE OZZIE IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) FOR WHICH OZZIE (OR ANY OF OZZIE’S SUBSIDIARIES OR AFFILIATED COMPANIES) INCUR ARISING FROM ANY BREACH BY YOU OF THESE TERMS.

(b) YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD OZZIE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (THE “RELEASED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAWS OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON OR ENTITY.

(c) The Released Parties reserve the right to seek all remedies available at law and in equity for your violation of these Terms, including, without limitation, the right to block access from a particular Internet address to the Services and report misuses to law enforcement.

10.4. Limitation of Our Liability.

(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR ACCESS TO AND USE OF THE SERVICES OR THE SUBJECT MATTER OF THESE TERMS SHALL NOT EXCEED $100.00.

(b) IN NO EVENT WILL OZZIE, ITS AFFILIATED COMPANIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICES.

(c) THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR OZZIE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(d) SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH OZZIE ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

(a) Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). The arbitration shall be administered by the Judicial Mediation, Arbitration and ADR Services (JAMS) pursuant to its Streamlined Arbitration Rules & Procedures before a single arbitrator. The place of arbitration shall be in New York County, New York, unless otherwise agreed to in writing by all parties to the arbitration.

(b) The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The Parties will bear the costs of the arbitration in accordance with the Consumer Arbitration Minimum Standards. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.

(c) Notwithstanding anything to the contrary, Ozzie and you each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

(d) THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.

(e) The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

(f) This Arbitration Agreement provision will survive the termination of these Terms.

(g) Subject to applicable law, any claim by you arising in connection with these Terms or the Services must be commenced by you within one (1) year of the accrual of a claim.

(h) If we modify this arbitration provision, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your account and you must stop using the Services.

(i) If you wish to opt out of this Arbitration Agreement, you must, within forty-five (45) days of first using the Services, send a letter stating “Request to Opt Out of Arbitration Agreement” to: 1178 Broadway, 3^rd Floor, #3070, New York, NY 10001.

(j) If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provisions will be severed, and the remaining arbitration terms will be enforced.

SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE OR GOOGLE PLAY
1. Acknowledgement. The App may be available through the Apple App Store or Google Play. You understand that these Terms are between you and Ozzie, and not with Apple Inc. or Google, Inc. (each an “App Distributor”). Ozzie, not an App Distributor, is solely responsible for the App and its Content. In the event that the rules and restrictions in these Terms related to your use of the App conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.
2. Scope of License. The licenses granted to you for the App in these Terms are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions.
3. Maintenance and Support. Ozzie is solely responsible for providing any App maintenance and you agree that the App Distributor has no obligation to furnish any App maintenance and support.
4. Warranty. Ozzie is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in these Terms. In the event the App fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Ozzie’s sole responsibility.
5. Product Claims. You and Ozzie acknowledge that Ozzie, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the App, including any (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.
6. Intellectual Property Rights. Ozzie, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the App and you must comply with applicable App Distributor terms when using the App.
7. Third-Party Beneficiary. You agree that the App Distributors, and their subsidiaries, are third party beneficiaries to these Terms as applicable to the App, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third-party beneficiary thereof.
MISCELLANEOUS
1. Governing Law and Forum. These Terms will be governed by the laws of the State of New York without giving effect to its conflicts of laws principles. Unless prohibited by applicable law and subject to the Arbitration Agreement in Section 11, all claims or disputes arising from or relating in any way to the subject matter of these Terms or your access to or use of the Services must be brought exclusively in the United States District Court for the Southern District of New York or the courts of the State of New York with jurisdiction over New York County, New York, as appropriate. Unless prohibited by applicable law, you agree to submit to the personal jurisdiction of each of these courts for the purpose of resolving such claims or disputes.
2. Compliance with Applicable Laws. You shall comply with all applicable federal, state, and local laws, rules and regulations when accessing or using the Services. Without limiting the foregoing, by accessing or using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access to and use of the Services outside the United States does not violate any applicable laws. We reserve the right to, in our sole discretion, monitor where users who access or use the Services are located, and the right, but not the obligation, to block or otherwise restrict access to or use of the Services, in whole or in part, from any geographic location.
3. Waiver of Trial by Jury. YOU AND OZZIE, TO THE EXTENT PERMITTED BY LAW, EACH KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.
4. Waiver and Cumulative Remedies. No failure or delay by you or us in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies you or we have at law or in equity.
5. Survival. The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation.
6. Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, any warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
7. Electronic Communications. The communications between you and Ozzie use electronic means. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.
8. Assignment. We reserve the right to transfer, assign, or sublicense the Services, in whole or in part, to any person without notice to you, provided that any such assignment will be on the same terms or terms that are not less advantageous to you. You may not assign, sublicense, pledge, or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms.
CONTACT US

If you have any questions concerning these Terms, please contact us at 1178 Broadway, 3^rd Floor, #3070, New York, NY 10001, or by email at hello@ozzieapp.com.