Legal

Terms of Service

Last updated: January 10, 2025

1. Acceptance of terms

By accessing and using O360's supply chain management platform and services (the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use our Services.

2. Description of service

O360 provides a cloud-based supply chain management platform that includes warehouse management (Stock360), transportation management (Transit360), manufacturing execution (Make360), and related services. The Services enable you to manage, track, and optimize your supply chain operations.

3. Account registration

3.1 Account creation

To use the Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use
  • Be responsible for all activities under your account

3.2 Enterprise accounts

For enterprise accounts, the individual creating the account represents that they have authority to bind their organization to these Terms.

4. Acceptable use

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Upload malicious code or viruses
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Services
  • Use the Services for any illegal or unauthorized purpose
  • Reverse engineer or attempt to extract source code
  • Resell or redistribute the Services without permission

5. Data and content

5.1 Your data

You retain all rights to the data and content you upload to the Services (“Your Data”). You grant us a license to use, store, and process Your Data solely to provide and improve the Services.

5.2 Data responsibilities

You are responsible for the accuracy and legality of Your Data, maintaining appropriate backups, compliance with data protection laws, and obtaining necessary consents for data processing.

5.3 Our intellectual property

The Services, including all software, features, and content, are owned by O360 and protected by intellectual property laws. You may not copy, modify, or create derivative works without our written permission.

6. Payment terms

You agree to pay all fees associated with your subscription plan. Fees are billed in advance and are non-refundable except as required by law. We may change our pricing with 30 days' notice. You authorize us to charge your designated payment method; if a payment fails, we may suspend your access.

7. Service level and support

We strive to maintain 99.9% uptime for the Services. Specific service level commitments are outlined in your subscription agreement. Support is provided based on your subscription tier.

8. Warranties and disclaimers

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, O360 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless O360 from any claims, damages, losses, and expenses arising from your use of the Services, your violation of these Terms, your violation of any rights of another party, or Your Data.

11. Termination

You may terminate your account at any time through your account settings or by contacting us. We may suspend or terminate your access if you violate these Terms, your account is inactive for an extended period, required by law, or continuing would cause us legal liability. Upon termination, we will provide an opportunity to export Your Data for 30 days.

12. Governing law and disputes

These Terms are governed by the laws of Delaware, United States, without regard to conflict of law provisions. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13. Changes to terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Services. Continued use after changes constitutes acceptance of the modified Terms.

14. Contact information

For questions about these Terms, contact us at:

Email: info@oware.co
Address: 251, Little Falls Drive, Wilmington, Delaware, 19808