Oscar terms and conditions
LICENSED APPLICATION END USER LICENSE AGREEMENT
NO ACCESS TO EMERGENCY SERVICES: Oscar is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Licensed Application. It is your responsibility to ensure that you are legally allowed to use Oscar where you are located.
1. Scope of License
This License is a limited, nonexclusive, nontransferable, nonsublicensable license to use the Licensed Application on any mobile device or personal computer that you own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Licensed Application, if any). In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Consent to Use of Data
By using the Licensed Application, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. We may use this information to improve our Service.
3. Changes to this License
Oscar may make changes to the terms of this License from time to time. Oscar will publish the changes at http://www.oscar-care.com/eula. The changes will be effective when published. Please review this License on a regular basis. You understand and agree that your acceptance of the terms of this License or your use of the Service after the date of publication of varied terms shall constitute your agreement to the updated terms. If you do not agree with the amended terms, you may terminate your relationship with Oscar in accordance with paragraph 4 below.
4.1 The License is effective until terminated by you or us. You may terminate your relationship with Oscar at any time. If you are using our free Service, you may simply cease to use the Service or delete our Licensed Application. Oscar has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
4.2 In addition, Oscar has the right to terminate its relationship with you, or may terminate or suspend your use of the Service at any time:
4.2.1 if you are in breach of the terms of this License;
4.2.2 if Oscar reasonably suspects that you are using the Service to break the law or infringe third party rights;
4.2.3 if Oscar reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
4.2.4 if Oscar reasonably suspects that you are using any of our products fraudulently or that your "User Account" is being used by a third party fraudulently;
4.2.5 immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of Oscar's partners;
4.3 Oscar shall effect such termination by preventing your access to the Service, where applicable. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
5. The Service
5.1 Once you have downloaded the Licensed Application and become a Oscar user, you can call your network Oscar user.
5.2 The Service also allows users to submit status text, photos, videos and other communications (collectively, the "User Submissions"). These User Submissions may be hosted, shared, and/or published as part of the Service, and may be visible to other users of the Service which you have not blocked. You acknowledge and agree that any of your User Submissions may be viewed by other users. You retain your ownership rights in your User Submissions. You understand that whether or not such User Submissions are published, Oscar does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. User Submissions do not necessarily represent the views or opinions of Oscar, and Oscar makes no guarantees as to the validity, accuracy or legal status of any User Submission. In connection with your User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Oscar to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions in the manner contemplated by the Service and this License; and (ii) you have the written consent, release, and/or permission of each identifiable individual person referenced in your User Submission to use their name and likeness in your User Submission. Please note, by submitting the User Submissions to Oscar, you hereby grant us a worldwide, nonexclusive, royaltyfree, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions in connection with the Service and Oscar’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant every user of the Service a nonexclusive license to access your User Submissions through the Service. You further agree that you will not violate any of the restrictions listed in Prohibited Uses set forth in paragraph 6.2 below. Oscar does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. Oscar does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and we will remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. To file a copyright infringement notification to us, please follow the instructions at our Oscar DMCA Policy.
5.3 In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
5.4 We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
5.5 Oscar may automatically check your version of the Licensed Application. Oscar has no obligation to make available any updates. However, Oscar may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
5.6 Oscar does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to Oscar through the Site, social networks or otherwise, you acknowledge and agree that Oscar shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Oscar's right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
5.7 You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Oscar where none exists. You may not frame the Site on any other website. Oscar may revoke the permission to link to the Site at any time at its sole discretion.
6. Your Obligations
6.1 You are responsible for all activities that occur under your User Account. You agree to notify Oscar immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account. Oscar will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Therefore, we recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. Oscar takes no responsibility for your failure to comply with the obligations in this paragraph.
6.2 You may not:
6.2.1 intercept or monitor, damage or modify any communication which is not intended for you;
6.2.2 use any type of spider, virus, worm, trojanhorse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service;
6.2.3 send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
6.2.4 expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
6.2.5 use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
6.2.6 use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
6.2.7 collect or harvest any personally identifiable information, including account names, from the Service; or
6.2.8 impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE SITE AND LICENSED APPLICATION ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($20.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. End Users and Export Control. You will not use or export the Licensed Application or any product or service offered on the Site or through the Service, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
10. Charges for Oscar Service.
10.1 Oscarv Service users:
10.1.1 The charges payable for Oscar Service rate as set out on http://www.oscar-care.com/. All calls will be disconnected and require a redial after a 1hour duration.
10.1.2 Oscar may change the rates at any time without notice to you by posting such change at https://client.oscar-care.com/. The new rate will apply after the new rates have been published. Please check the latest rates before you use Service. If you do not accept the new rates, do not use the Service.
10.1.3 The total monthly duration of a call shall be not longer than 10 hours.
10.2 The charges for other Oscar features or products will be confirmed to you before you use them. Oscar may change the prices of such products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next use of the applicable product. The new prices will apply to your after the new prices have been published.
10.3 From time to time, Oscar may offer products or features available at no charge for a trial period. However, Oscar reserves the right to charge you for such products (at the normal rate) in the event that Oscar determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
10.4 Oscar may collect VAT or other indirect taxes at the appropriate rate for the particular territory (as per applicable tax rules) at the time of purchase Service.
10.5 Using the Licensed Application on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Outofcountry usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
11. Oscar's Ownership Rights. The Service, including the Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. Oscar or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Application and Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) ("Oscar Technology"), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the Oscar Technology.
12. Notice and Take Down Procedures; Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site, Service and Licensed Application do the same. If you believe that any materials accessible on or from the Service infringes your copyrights, you may request the removal of those materials (or access thereto) by contacting our copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures – Oscar DMCA Policy.
13. Jurisdiction. The laws of the State of Delaware, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. You expressly agree that the courts in the State of Delaware have exclusive jurisdiction over any claim or dispute with Oscar or relating in any way to your use of the Licensed Application or Service. Your use of the Licensed Application and Service may also be subject to other local, state, national, or international laws.
14. Indemnity. You will indemnify, defend and hold harmless Oscar from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.
15. Links to Third Party Websites. The Site may contain links to other third party websites ("Third Party Sites"). These Third Party Sites are provided solely as a convenience to you. Such Third Party Sites are not under Oscar’s control, and Oscar is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with these Third Party Sites.
16. Acceptance of License. You affirm that you have the ability to enter into this License. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 13 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License, and to abide by and comply with this License. The Service is not intended for children under the age of 13.
17. General. This License is the entire agreement between you and Oscar relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by Oscar or otherwise with the written agreement of Oscar.
Oscar Senior, s.r.o.
Lidicka 971/25, 602 00 Brno, Czech Republic