OS4 Terms and Conditions

Last Updated: December 22, 2024

Thank you for choosing OS4 (the "App"). The following terms and conditions ("Terms") apply to all users of the App and the services provided through it (collectively, the "Services"). Please read these Terms carefully, INCLUDING THE ARBITRATION PROVISION IN SECTION 17, as they constitute a binding agreement between you ("User," "you," or "your") and OS4 ("we," "us," or "our"). By accessing or using the App and Services, you agree to be bound by these Terms. If you do not agree, please do not use the App or Services.

1. Acceptance of Terms

By creating an account or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional policies or guidelines referenced herein.

2. Description of Services

OS4 provides a marketplace where users can create, buy, and sell smart contracts known as Harmoniis Intellectual Property ("HIP"). These HIP smart contracts embed unique control policies, digital environments, and digital assets for the operation or simulation of real-world machinery such as robotics, cars, drones, or any machinery that can be controlled with these policies. We assist users in embedding their content into smart contracts and track the state of these contracts on our servers.

3. License to Use the App

We grant you a personal, non-exclusive, non-transferable, revocable license to access and use the App and Services in accordance with these Terms. This license is for the sole purpose of enabling you to use and enjoy the Services as provided by OS4.

4. User Responsibilities

• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Compliance with Laws: You agree to comply with all applicable laws and regulations when using the Services, including but not limited to copyright laws in the United States, United Kingdom, and European Union.
• Accurate Information: You represent and warrant that all information you provide to us is accurate, current, and complete.
• Content Responsibility: You are solely responsible for the content you embed in HIP smart contracts, including but not limited to control policies, digital environments, and digital assets.

5. HIP Smart Contracts

• Creation: Users may create HIP smart contracts by embedding their control policies, digital environments, and digital assets.
• Ownership: Ownership of HIP smart contracts is tracked via client-side validation and recorded on our servers.
• Trading: HIP smart contracts can be bought and sold within the OS4 marketplace or externally.
• Fees: When a HIP smart contract is sold:
  • 3% of the sale price is paid to OS4 as a service fee.
  • A fee set by the original author is paid to them.
  • The remaining balance is paid to the seller/current owner.

6. Content Guidelines and Copyright Compliance

• Prohibited Content: You agree not to embed or distribute content that infringes upon the intellectual property rights of others, is unlawful, offensive, or violates any applicable laws or regulations.
• Compliance with Copyright Laws:
  • United States: We comply with the Digital Millennium Copyright Act ("DMCA").
  • United Kingdom: We adhere to the Copyright, Designs and Patents Act 1988 and related regulations.
  • European Union: We comply with the EU Copyright Directive and other applicable EU copyright laws.
• Reporting Infringements: If you believe that any content available on our Services infringes your copyright, please notify us as outlined in our Copyright Policy.
• Removal of Infringing Content: We reserve the right to remove from the marketplace any HIP smart contracts or content that we determine, in our sole discretion, violate these Terms or any applicable laws, including copyright laws.

7. Intellectual Property Rights

• Your Content: You retain all rights to your control policies, digital environments, digital assets, and any content you create. By uploading or submitting content, you grant OS4 a worldwide, royalty-free license to use, reproduce, and display the content solely for the purpose of providing the Services.
• OS4 Content: All materials provided by OS4, including but not limited to software, images, text, and logos, are owned by OS4 or our licensors and are protected by intellectual property laws.

8. Webcash Integration

• Webcash Wallet: OS4 includes a client-side Webcash wallet for transactions.
• Acceptance of Webcash Terms: By using the Webcash wallet within OS4, you agree to the Webcash terms of service.
• Transactions: All purchases and sales of HIP smart contracts within the marketplace are conducted using Webcash.

9. Prohibited Activities

You agree not to:

• Violate any laws or regulations.
• Infringe upon the intellectual property rights of others.
• Use the Services for any unlawful or fraudulent purposes.
• Introduce viruses or other harmful material.
• Attempt to gain unauthorized access to our servers or systems.
• Engage in activities that could harm or disrupt the Services.

10. Limitation of Liability

To the fullest extent permitted by law:

• No Warranties: The Services are provided "as is" without warranties of any kind.
• No Liability for Damages: OS4 will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services.
• Maximum Liability: Our total liability to you for all claims arising from or related to the Services is limited to the greater of $100 or the amount you have paid to us in the last 12 months.

11. Indemnification

You agree to indemnify, defend, and hold harmless OS4, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any rights of another, including intellectual property rights.

12. Termination

We reserve the right to suspend or terminate your access to the Services at our sole discretion, without notice, for any reason, including but not limited to violation of these Terms.

13. Modifications to the Terms

We may modify these Terms at any time. If we make changes, we will notify you by updating the date at the top of the Terms and, in some cases, we may provide additional notice. Your continued use of the Services after any modification constitutes your acceptance of the new Terms.

14. Third-Party Links and Services

The Services may contain links to third-party websites or services that we do not own or control. We are not responsible for the content or practices of any third-party websites or services.

15. Dispute Resolution

Arbitration Clause: Please read this section carefully as it requires you to arbitrate disputes with OS4 and limits the manner in which you can seek relief.

• Governing Law: These Terms are governed by the laws of the State of [Insert State], without regard to conflict of law principles.
• Arbitration: Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration conducted by the American Arbitration Association under its Consumer Arbitration Rules.
• No Class Actions: All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
• Exceptions: Notwithstanding the foregoing, both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

16. Electronic Communications

By using the Services, you consent to receive electronic communications from us. These communications may include notices about your account and are part of your relationship with us.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms constitute the entire agreement between you and OS4 regarding the Services and supersede all prior agreements.

19. Contact Information

If you have any questions about these Terms or the Services, please contact us at:

• Email: [email protected]
• Phone: +44 7520 644221
• Address: Office 5235, 182-184 High Street North, East Ham, London, E6 2JA, UK

E-Sign Consent Policy

By using our Services, you consent to receive electronic communications from us as described in our Terms and Conditions.

Risk Disclosure Statement

Using and trading in HIP smart contracts involves significant risks. These risks include, but are not limited to:

• Legal Risks: The legal status of smart contracts and digital assets may be unclear in some jurisdictions.
• Market Risks: The value of HIP smart contracts can be volatile and unpredictable.
• Operational Risks: Technical issues, cyber-attacks, or system failures may impact the Services.
• Counterparty Risks: Transactions with other users may involve risks such as fraud or default.
• Regulatory Risks: Changes in laws or regulations may affect the legality or operation of the Services.
• Content Risks: HIP smart contracts may contain content that infringes upon intellectual property rights or is otherwise unlawful. You are responsible for ensuring that any content you embed or distribute complies with all applicable laws.

You acknowledge and accept these risks and agree that OS4 is not responsible for any losses you may incur.

Copyright Policy

OS4 respects the intellectual property rights of others and expects our users to do the same. It is our policy to respond promptly to clear notices of alleged copyright infringement in compliance with:

• United States: Digital Millennium Copyright Act ("DMCA").
• United Kingdom: Copyright, Designs and Patents Act 1988.
• European Union: EU Copyright Directive and related regulations.

1. Reporting Claims of Infringement

If you believe that any content available on our Services infringes your copyright, please notify our Designated Copyright Agent with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
• Your contact information, including address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on behalf of the owner.

2. Counter-Notification

If your content has been removed due to a copyright infringement notice and you believe the removal was mistaken, you may send us a counter-notification with the following information:

• Your physical or electronic signature.
• Identification of the content that has been removed and the location where it appeared before removal.
• A statement under penalty of perjury that you have a good faith belief the content was removed or disabled as a result of mistake or misidentification.
• Your name, address, telephone number, and email address.
• A statement that you consent to the jurisdiction of the courts in your location and that you will accept service of process from the person who provided the original notification.

3. Repeat Infringers

We reserve the right to terminate user accounts that are repeat infringers.

Acknowledgment

By clicking "I Agree" or by accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated by reference.