Updated February 15, 2022
These terms of service ("Terms") govern your use and access to our services, client software and websites ("Services"). Your agreement is with Get ODK Inc., a corporation organized under the laws of The Commonwealth of California and its affiliate entities ("Get ODK", "ODK", "we", "us", or "our").
IF YOU DO NOT AGREE TO BE BOUND TO THESE TERMS AND THE OTHER POLICIES, AGREEMENTS AND DOCUMENTS REFERENCED HEREIN, YOU SHOULD NOT USE OUR SERVICES.
Our Privacy Policy explains the data we collect from you and use in providing and improving the Services. These Terms provide us with certain rights to Your Data as described herein. As used herein, "Your Data" means Stored Data, Account Data, and messages, comments, structured data, photos, and other content submitted to or otherwise generated via the Services by Customer or End Users.
To use our Services you will need to create an account with ODK ("Your Account"). You acknowledge and agree that you are responsible for all activity occurring under Your Account. Should you choose to authorize, delegate or otherwise share control or access of Your Account with other individuals or organizations ("Your Delegates"), you assume full responsibility for the activity of Your Delegates. Your Delegates includes both web and mobile users of the Services. ODK is not responsible for, and assumes no liability resulting from, any use of Your Account or the Services, either by you or by Your Delegates.
You are solely responsible and liable for your conduct and Your Data, which must comply with our Acceptable Use Policy. Please do not collect, copy, upload, download or share Your Data with ODK unless you have the right and authority to do so; any such unauthorized sharing of Your Data with ODK will be considered a violation of these Terms and may result in the termination of Your Account and any Subscriptions for Services then in effect. We may review your conduct and Your Data for compliance with these Terms, but we have no obligation to do so.
You may use our Services only as permitted by applicable law, including export control laws and regulations.
Finally, by using our services, you represent to us that you and Your Delegates comply with the requirements of digital consent as per applicable law, as specified in the Privacy Policy. If you and Your Delegates do not meet these requirements, you may not use the Services.
Some of our Services allow you to download client software programs and tools ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software solely to access the Services. To the extent any component of the Software may be offered under an open-source license, we will make the terms of that license available to you and the provisions of that license may expressly override some of these Terms. You hereby agree not to reverse engineer, decode or decompile the Services, attempt to do so, or assist anyone in doing so.
From time to time, ODK may, in its sole discretion, add features or functions or provide bug fixes, patches, updates and upgrades to our Services, including its components, which may be provided automatically and without advance notice. If you do not want to receive such upgrades automatically, you may not use the Services.
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked "beta," "pre-release", "preview," "early access," or "evaluation" (or with words or phrases with similar meanings) (collectively, "Beta Services"), and may not be as reliable as ODK's other services, so please keep that in mind. Any Beta Services are not subject to any warranties or service level/uptime/downtime commitments that ODK may provide to you from time to time in connection with the Services.
If you elected to provide us your personal information to use our Services, to know about our Services, to download content, to contact us or for any other reason, you agree to subscribing to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
The Services are protected by copyright, trademark, and other United States and foreign laws. These Terms in no way grant you any right, title or interest in the Services, other users' content or data, or ODK's trademarks, logos and other brand features.
ODK respects the intellectual property rights of others and expects its customers and users to do the same. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), ODK will respond expeditiously to claims of copyright infringement committed using the Services that comply with applicable law. If you believe any materials accessible on or from any of the Services (including our website) infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the DMCA, the written notice (the "DMCA Notice") must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
Get ODK Inc.
3288 Adams Ave # 16043
San Diego, CA 92176
support@getodk.org
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Subscription: ODK Services come in several Subscriptions. The cost and details of these Subscriptions can be found on ODK's home page.
Subscription Term: You access our Services on a periodic basis, called a Subscription Term.
Recurring Billing: By starting your Subscription Term, you authorize us to charge a periodic fee at the then-current rate, and any other charges you incure in connection with your use of the Services. The periodic fee for ODK's Services will be billed each period unless and until you cancel the Subscription. ODK reserves the right to change the timing of our billing, in particular, if your payment has not successfully settled, or to enforce a minimum Subscription length.
Cancellation: You may cancel a Subscription anytime. Upon canceling the Subscription, you will immediately lose access to your ODK account, including access to forms, submissions, and other data. You are responsible for paying us up through the end of the period for which we have provided our product and/or services.
Refunds: If you cancel within 14 days of a payment, you may request a refund of that payment. After 14 days, payments are non-refundable.
Downgrades: If you downgrade a Subscription, you will be charged on a prorated basis for the service provided, and rest will be credited to your account.
Price Changes: We reserve the right to adjust pricing for our Subscriptions or any components thereof in any manner and at any time as we may determine in our sole discretion.
Partial Billing: ODK may provide billing over partial periods of the Subscription Term at its discretion. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers in our sole discretion ("credits").
Taxes and other Payment Levies and Fees: Taxes and foreign currency exchange fees levied by any financial institution in connection with payments for Services are in addition to any Subscription fees payable to ODK pursuant to a Subscription. You agree to pay all taxes and foreign exchange fees associated with your Subscription for any Services hereunder or otherwise provide ODK with a valid tax exemption certificate authorized by the appropriate taxing authority.
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
(a) you violate these Terms or any other agreement between you and ODK (including the Acceptable Use Policy), as determined by ODK in its sole discretion,
(b) you use the Services in a manner that could cause risk of harm or loss to us or other ODK customers or users.
If you are engaged in any activities described above, we may be able to provide you with advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Data from our Services, but we cannot guarantee that we will provide such advance notice, as we may need to terminate your access to the Services immediately under certain circumstances (including those described below). If we are able to provide you with such advance notice and after delivery of such notice you fail to cease participating in such activities, we may terminate or suspend your access to the Services indefinitely.
For example, we will not provide you with advance notice prior to termination or suspension of your access to the Services where:
(a) you are in material breach of these Terms or any other agreement between you and ODK (except as required by any such other agreement),
(b) doing so could result in legal liability or compromise our ability to provide the Services to other users, or
(c) we are prohibited from doing so by law.
Upon termination for any reason, you agree to destroy all copies of the Software in your possession. Upon termination for any reason, we will use commercially reasonable efforts to make Your Data available to you for export for at least a two-week period following such termination. Upon your request, we will delete all data collected through your application from all servers within 30 days of receiving notice.
We may decide to discontinue the Services in response to unforeseen circumstances beyond ODK's control or to comply with a legal requirement. If we do so, we will make commercially reasonable efforts to give you prior notice so that you can export Your Data from our systems. If we discontinue Services in this way before the end of your Subscription Term you have paid us for, we will refund the portion of the fees you have pre-paid but have not received Services for.
You will indemnify, defend, and hold harmless ODK from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against ODK and its Affiliates regarding: (a) Your Data; (b) your use of the Services.
We strive to provide great Services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ODK AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS". WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR ODK'S OR ITS AFFILIATES' FRAUD OR GROSS NEGLIGENCE IN PROVIDING THE SERVICES. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CAN NOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN NO EVENT WILL ODK, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), REGARDLESS OF LEGAL THEORY, AND IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ODK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, ODK, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. ODK AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ODK'S AGGREGATE LIABILITY UNDER THESE TERMS OR ANY OTHER AGREEMENT BETWEEN YOU AND ODK WILL NOT EXCEED THE AMOUNT PAID BY YOU TO ODK HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
For Users and Customers Based in the United States of America: Any dispute arising in connection with these Terms which cannot be amicably settled between us ("Parties") through Alternative Dispute Resolution (ADR) procedures, if any, shall be arbitrated under the Rules of Commercial Arbitration of the American Arbitration Association by binding arbitration located in The Commonwealth of California. Any resulting arbitral decision shall be final and binding on both parties. In resolving a dispute hereunder, the parties agree that these Terms will be interpreted in accordance with the substantive laws of The Commonwealth of California.
For Users and Customers Based Outside of the United States of America: Any dispute arising in connection with these Terms which cannot be amicably settled between us through Alternative Dispute Resolution (ADR) procedures, if any, shall be arbitrated in accordance with the UNCITRAL Arbitration Rules. The arbitration shall take place in New York. Any resulting arbitral decision shall be final and binding on both parties. In resolving a dispute hereunder, the parties agree these Terms will be interpreted in accordance with the substantive laws of New York.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
To the fullest extent permitted by law, these Terms will be governed by the laws of The Commonwealth of California except for its conflicts of laws principles.
These Terms, together with the Privacy Policy, the Business Agreement, the Acceptable Use Policy, and the other documents and materials referenced herein or otherwise published by ODK from time to time governing use of the Services, constitute the entire agreement between you and ODK with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, understandings, or terms and conditions applicable to the subject matter of these Terms except as otherwise agreed in writing between you and ODK. These Terms create no third party beneficiary rights.
ODK's failure to enforce a provision is not a waiver of its right to do so at a later date or time. If any portion of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as ODK as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. ODK may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time and the most current version will always be posted on the ODK's website. If a revision, in ODK's sole discretion, is material, we will notify you (by, for example, sending an email to the email address associated with your account). You are responsible for checking these postings regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the revised terms, you may not access or otherwise use the Services.