Thanks for using our products and services (“Services”). The Services are provided by OQTON, INC. (“Oqton”, “we”, “our”, “us”), located at 345 California St, Suite 600, San Francisco, CA 94104.
By using our Services, you understand and agree to these terms (these “Terms”), which apply to your access to and use of oqton.ai or oqton.com.cn (the “Site”). Please read them carefully, especially those with respect to the exemption or limitation of Oqton’s liability, authorization of your data, application of law and dispute resolution. Some key terms are marked in bold or in capital letters to draw your attention. THESE TERMS CONSTITUTE A LEGALLY ENFORCEABLE AGREEMENT BY AND BETWEEN YOU AND OQTON.
If you are entering into these Terms on behalf of a company (or other entity) or if you are accessing the Services in your capacity as an employee, consultant or agent of a company (or other entity), you represent that you are an employee, consultant or agent of such company (or other entity) and you have the authority to agree, on behalf of such company (or other entity), to all of the terms and conditions of these Terms.
In order to access the Services, you (or an authorized person on behalf of your organization) must register with Oqton via the Site. By registering, you (and, if applicable, your organization) agree to (a) provide accurate, current and complete information about you as may be prompted by the registration forms via the Site, and (b) maintain the security of your password and identification. You are responsible for the activity that happens on or through your Oqton Account.
Your Oqton Account (i.e. your User ID for your Oqton Account) remains Oqton’s property, while you have the right to use it as permitted by applicable law. Oqton may verify your identity through such methods as password login and face verification, during which we may collect and save your facial photos and other information. By logging into the Service in such verification method, you understand and agree to authorize Oqton to collect and save such information. In order to improve the accuracy of the verification, you hereby authorize Oqton to compare the facial photos you provided to Oqton with your facial features saved by organizations permitted by applicable law or authorized by government offices if necessary.
To protect your Oqton Account (i.e. your User ID for your Oqton Account), keep your password confidential. If your Oqton Account cannot be used due to your personal reasons and needs to be retrieved, please provide the relevant information according to the requirements of Oqton, and ensure that the information provided is true, accurate and complete. If the information provided does not meet the requirements or the unique credentials of the account are no longer valid, resulting that the verification cannot be achieved and the ownership of the account cannot be determined due to security risks such as account theft, Oqton may refuse to provide the account retrieval service and take measures such as freezing or banning the account as the case may be.
If you have not used your Oqton Account for 6 consecutive months, or not used the Service in other ways recognized by Oqton, Oqton may withdraw and cancel your Oqton Account. You may not use the Service via your Oqton Account. If there is a balance in your Account or other pending transactions, Oqton will assist you to the extent reasonably possible. Please cooperate with Oqton as required.
You must be at least 18 years old to access and use the Site and Services.
You must follow any policies set forth in these Terms and made available to you within the Services. Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. You warrant that you may not use the Service for any illegal or improper activities, including, but not limited to, uploading or otherwise transmitting, information endangering the safety of network or violating the basic principle of applicable law, content infringing any others’ privacy or other rights, and any content restricted or prohibited to transmit by applicable laws.
We may suspend or stop providing our Services to you or your organization if you do not comply with these Terms or policies or if we are investigating suspected misconduct. To the extent permitted by applicable law, we may also take such measures as deleting relevant information and content, restricting the use of or taking back your Oqton Account, and holding you legally liable as the case may be.
Using our Services does not give you ownership of any intellectual property rights in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information.
Please note that we are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether (subject to any contractual obligations to you that we may have outside of these Terms).
You may submit certain information via the Site in order to use the Services. All information, designs and other content that you upload to the Site (or otherwise provide to us in connection with the Services) shall be referred to in these Terms as the “Data”.
In order for us to provide you with the Services, you hereby grant to Oqton a non-exclusive, royalty-free, perpetual, fully paid-up, worldwide right and license to use, manipulate, process, reproduce and/or transfer your Data for the sole purpose of enabling us to provide the Services to you.
You represent and warrant that (a) you own and control all of the rights to the Data that you upload to the Site (or otherwise make available to us), or that you otherwise have the right to make available such Designs and content via the Services and grant the rights granted in these Terms, (b) the Data does not infringe or otherwise violate any intellectual property or other proprietary rights of any third parties, and (c) Oqton’s use of the Data for the purpose of providing the Services will not infringe or otherwise violate any intellectual property or other proprietary rights of any third parties.
Subject to these Terms, as between you and Oqton, you own all right, title, and interest in and to your Data and the related copyrights, moral rights, trademark rights, patent rights, trade secret rights, and any other form of intellectual property rights recognized in any jurisdiction. We will not disclose your Data to third parties, nor will we use your Data for any reason other than providing the Services.
Oqton gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Oqton as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Oqton, in the manner permitted by these Terms. Unless applicable laws prohibit the following restrictions, you may not: (a) delete intellectual property information and statements on such software; (b) copy, modify, distribute, sell, or lease any part of our Services or included software; (c) reverse engineer or attempt to extract the source code of that software; (d) use the software to create any derivative works; (e) change the function or operation effect of the software by modifying or falsifying the instructions or data in the operation of the software; (f) copy, distribute, modify, or delete data that is released into any terminal memory or interacts with the server side during the operation of the software, as well as system data required for the operation of the software; (g) use such data for purposes other than the Service; (h) log in or use the software and the Service by any means other than third party software, plug-ins and devices developed or authorized by Oqton; (i) make or distribute third party software, plug-ins and devices not developed or authorized by Oqton for logging in or using Oqton’s software and Services.
You may cancel a request for Services at any time for any reason, but no refund will be provided to you in the event of such cancellation (subject to any contractual obligations to you that we may have outside of these Terms). We reserve the right to cancel a customer’s request for Services for any reason, including if Data is insufficient or defective. In the event that Oqton cancels such a request for Services, Oqton will notify you of such cancellation and inform you of your options with respect to submitting a new or revised request for Services.
Our systems may analyze your Data and use data generated from your use of the Services to provide you and other customers with improved products and Services. By using the Services, you agree to such use of your Data for such purposes.
In the event you elect, in connection with your use of the Services, to provide any suggestions, comments, or other feedback with respect to Oqton, the Services or the Site (collectively, “Feedback”), such Feedback will constitute confidential information of Oqton. Further, you acknowledge and agree that Oqton will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
By using the Services, you acknowledge and agree that we don’t make any commitments about the specific functions of the Services, or their reliability, availability, or ability to meet your needs. Oqton will do its best to ensure the stability and security of the Service, but cannot foresee or prevent legal, technological or other forms of risks from time to time. The Services are provided on an “as is” basis without any representations, warranties, covenants, or conditions of any kind. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OQTON WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY — WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE SITE, THE SERVICES, YOUR DATA, ANY PRODUCTS CREATED FROM YOUR DATA, ANY THIRD-PARTY MATERIALS, ANY OQTON MATERIALS AND/OR THESE TERMS, WHETHER OR NOT OQTON OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OQTON’S TOTAL LIABILITY IN CONNECTION WITH THE SITE, THE SERVICES, YOUR DESIGNS, ANY PRODUCTS CREATED FROM YOUR DATA, ANY THIRD-PARTY MATERIALS, ANY OQTON MATERIALS, OR THESE TERMS WILL NOT EXCEED THE PRICE THAT YOU ACTUALLY PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CAUSE OF ACTION.
You agree, at your sole expense, to defend, indemnify and hold Oqton (and its directors, officers, employees, consultants, agents, and vendors) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest, and disbursements) for any death, injury, property damage, or infringement or violation of any Intellectual Property Rights or other rights of any third party caused by, arising out of, resulting from, attributable to or in any way incidental to (a) your providing the Data to us, (b) our use of the Data in a manner consistent with the terms of these Terms, or (c) any actual or alleged breach of any of your representations or warranties as set forth in these Terms.
Oqton’s name, Oqton™, Oqton logos and any other Oqton product or service name or slogan included in the Services (collectively, “Oqton Marks”) are trademarks of Oqton and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Oqton. You may not use any metatags or any other “hidden text” utilizing “Oqton” or any other Oqton Mark without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any other products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply Oqton’s endorsement, sponsorship or recommendation.
Subject to the grants expressly set forth in these Terms, Oqton and its licensors own all right, title, and interest in and to the Site, the Oqton Marks, the look and feel of the Site (including, but not limited to, all page headers, custom graphics, button icons, and scripts) and all content and other materials contained on the Site (including, but not limited to, all designs, text, graphics, pictures, information and data (collectively, the “Oqton Materials”) together with any and all intellectual property rights embodied therein or related thereto.
Oqton may make third-party services available on or through the Services (the “Third-Party Services”). YOUR USE OF ANY THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES. Your business dealings or correspondence with such third party, and any terms, conditions, warranties, or representations applicable to the Third-Party Services, are solely between you and such third party.
These Terms (together with any terms and conditions incorporated by reference) set forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersede any and all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom.
Oqton may change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Oqton) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, by posting a notice on the Site, by posting the revised Terms on the Site and revising the date at the top of these Terms or by such other form of notice as determined by Oqton. Any changes or modification will be effective 14 days after providing notice that these Terms have been modified. Your continued use of the Services following the 14-day notice period will constitute your acceptance of such changes or modifications.
If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Oqton may choose to electronically deliver all communications with you, which may include email to the email address you provide to us. Oqton’s electronic communications to you may transmit or convey information about action(s) taken in accordance with your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law and any other notices. You agree to do business electronically with Oqton, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.
These Terms shall be governed by and construed under the laws of the State of Delaware, USA, applicable to contracts made in and wholly to be performed in the State of Delaware, USA, without regard to conflicts of law.
These terms control the relationship between Oqton and you. They do not create any third party beneficiary rights.
No delay or failure of you or Oqton in exercising any right herein and no partial or single exercise thereof shall be deemed of itself to constitute a waiver of such right or any other rights herein. Any waiver by you or Oqton of any breach of any provision of these Terms shall not operate or be construed as a waiver of any subsequent or other breach.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
If you have questions, suggestions, or concerns about these terms, please contact us at