Terms of Use

Acceptance of Terms of Use


These Terms of Use (also herein, “Agreement” or “agreement”) set forth how Ristretto Group LC, dba Owwlish (also herein, the “Company”, “we”, “us” or “our”), including our legal successors and assigns, and you, the user (also herein, “you”, “your”, “user”, “User”, “member” or “Member”, that also here and elsewhere may be referred to as “visitor”, “subscriber”, “customer”, “VIP”, “affiliate” or “Affiliate”), (herein after also “Parties”) agree to respect each other and each other’s property while and after you are using our website, apps, widgets or any of the Services provided and other information published through https://owwlish.com. If you do not agree to any of the provisions set out in this document or in our Privacy Policy, or Cookies Policy documents, you should not use the Website, Apps or any of the Services. By accessing this website, we assume you accept these Terms of Use.


Changes to Terms of Use


We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time, for example to address legal or regulatory changes or changes to features or functionality made available through the Platform, in our discretion. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.
When we make any material changes to these Terms of Use, we will provide you with prominent notice under the circumstances, including for example displaying a notice within the Platform and/or by sending you an email to the email address that you have provided us or a message to your account, and the revised Terms of Use will become effective two (2) weeks after such notification.
You will have no obligation to continue using accessing and/or using the website, apps, widgets, or any of the Services provided following any such notification, but if you do not terminate your account as described in the Termination section below during such two (2) week period, your continued use of the Platform after the end of that two (2) week period will constitute your acceptance of the revised Terms of Use.


Term


You are deemed to have accepted these Terms on the date you first use the website, apps, widgets or any of the Services provided and other information published. The Terms of Use shall continue from this date until terminated in accordance with their terms (“Term”).

Beta Software

Owwlish is currently considered beta software. BY USING OWWLISH, YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY PROVISIONS CONTAINED HEREIN, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE BETA SOFTWARE. You acknowledge and agree that Owwlish offers beta software “as is” without warranty of any kind, express or implied, and subject to the terms contained this Agreement. Owwlish shall have no obligation to maintain, correct, update, change, modify, or otherwise support the beta software in beta testing. Owwlish may discontinue providing service to the beta software at any time. Owwlish makes no guarantee or commitment as to the success of the beta software.


Intellectual Property Rights


Unless otherwise stated, we and/or our affiliates or licensors own the intellectual property rights for all material on our website, apps, or widgets, including, but not limited to, any documentation related to or included with any of the Services, code, or trademarks and any works or products developed from them.
Unless otherwise specified in writing, all materials and content appearing on this site and otherwise used in Company’s business, including any text, page or site designs, names, trade names, trademarks, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for browsing and for no other purpose. No materials or content from this site or the Company may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.


License


Our Grant to You: If you comply and continue to comply with these Terms of Use, we grant you a non-transferable, non-exclusive, non-sub-licensable, revocable right during the Term to embed or display our widgets on any internet enabled device, including but not limited to, website, webpage, mobile website, mobile app or internet connected television that you are in control of (a “Website”). You are not permitted to make the widgets available on any third party website or webpage that you do not control. The third party controller must accept these Terms of Use if the widget is to be displayed on their website or web page.


Your Grant to Us: By agreeing to these Terms of Use, you grant us an irrevocable, paid-up, royalty-free, non-exclusive, worldwide, transferable right and license to use, reproduce, distribute, make available publicly display and import content from your Website and use your name, likeness or brand (including your trademarks, service marks, logos, brand names or trade names, your “Marks”) to the extent incorporated into your Website, solely for the purpose of:
soliciting the public to Owwlish in relation to such content; connect and direct users to your Website; and sub-license the foregoing rights to our Affiliates or any third parties that are working with us as development partners, hosting services, and in similar capacities, in order to enable them to perform their services for us.On termination of these Terms of Use and following written request from you, we will use reasonable endeavors to delete references and links to your Website and any of your Marks from our website.


Collecting data


You acknowledge and agree that embedding or displaying our Widget automatically allows us to collect data (including through any data management platform (DMP), analytics tools or ad-server such as, Google Analytics, Google AdSense and DoubleClick and use this data in accordance with the Documentation. You must appropriately disclose this to end users. Please respect our user’s data and privacy settings.


Cookies


We place cookies and similar technologies (collectively “Cookies”) on our website to enhance the user experience and help provide excellent service. You acknowledge that this also causes third party Cookies to be placed on the browsers and/or devices of users that visit websites that embed or display the widgets.


Refunds and Returns


Except as otherwise agreed by the Parties in writing, the Company’s refund and/or return policy for the products and/or services it provides to you is as set forth in this Section. The Company may provide a different refund/return policy in its marketing materials for each of its products and/or services that it sells and/or provides to you, including that no refund or return may be available for a certain Company product or service, and these policies may change looking forward at any time at the Company’s sole discretion. You agree to make any requests for any available refunds or returns before or on any applicable deadline by email at the following address: hello ‘at’ getowwlish.com. Prior to issuing or processing any form of refund and/or return that may be available, at Company’s sole discretion, it may require you to certify with it in writing that you already have fully completed and fulfilled your obligation hereunder to thoroughly search for, and to permanently delete and destroy, all of the digital or electronic Company-provided documents or materials, and to return (only at the Company’s sole discretion: and/or destroy) all physical Company documents or materials that are in your possession, including without limitation any or all copies or printouts you may have made of any Company documents or materials. You agree to make any such returns at your sole expense, with their arrival at the Company to be made prior to or on any refund deadline, without any material waste or breakage; the Company may await the safe arrival of your return before issuing any refund. Also, prior to issuing any form of refund and/or return that may be available, at Company’s sole discretion, it may require that you re-certify and pledge to continue to uphold your obligations under these Terms of Use and under any other agreement you have made with the Company, the terms and provisions of all of which shall continue to apply to the Parties hereof and continue as valid and binding agreements, including after any such refund or return is completed, for the longer period of (i) the longest period available under applicable law, or (ii) thirty-five years after the date of your request for a refund and/or return. Company shall not be liable for any untimely or improper refund or return requests, or for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether or not Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of these Terms of Use, use or misuse of our materials or content, or other performance of services hereunder. Any breach by you of this Agreement shall immediately and completely disqualify you as to any refund that may have been available to you immediately prior to such breach. You agree and acknowledge that all of these Terms of Use are fair, equitable and reasonable to both Parties, including without limitation the provisions of this Section.


Other Terms of Use


All of the provisions of our Privacy Policy are incorporated by reference into these Terms of Use. We make no guarantees or warranties about any information on our site, including without limitation any warranty of fitness for a particular purpose. Anyone subscribing to our website or using any of our apps, widgets or services is also agreeing to these Terms of Use, and any user providing us their email address in exchange for our delivering any content to them personally assenting and agreeing to receive emails from us on a regular basis. Any of our subscribers may unsubscribe at any time by clicking the link or button provided in the footer of any of our emails. We love our subscribers and will not sell, lease or distribute your email address or any other information to any third parties unless we have your permission or are required by law to do so. These Terms of Use, and any other legal documents or agreements we have entered into with you, will supersede any previous Terms of Use you may have copies of in any form, regardless of whether we or you have signed them or not. We reserve the right to make changes to this site and these Terms of Use at any time.


Indemnification


You agree to defend, indemnify and hold harmless us, our officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death, and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of Member’s personal individual conduct, actions or inactions, and/or from your breach of any of the Terms of Use, Privacy Policy, License Agreement, or any other relevant policy.


Entire agreement


These Terms of Use constitute the entire agreement between you and us. These Terms of Use supersede any prior representations or agreements, whether oral or written, concerning the subject matter. You agree not to rely on any statement, representation, warranty or understanding other than those expressly set out in these Terms of Use.


Assignment


You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign or delegate these Terms of Use and our rights and obligations without consent.


No exclusivity


You agree that these Terms of Use do not create an exclusive agreement between you and us. You agree to the possibility that we and other third parties may have developed or are developing products and services similar to or in competition with your website or products for the purposes of commercial exploitation.


Our rights in your feedback


If you provide any ideas, suggestions or recommendations to us, we may use and incorporate such feedback in our widgets, services and products, without payment of royalties or other consideration to you, provided we do not infringe any applicable law.


Third Parties


Nothing in these Terms of Use shall create any third-party beneficiaries or confer any rights in any third parties.


Severability and Interpretation


Whenever possible each provision of these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these Terms of Use shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity, vagueness or applicability of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement. The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement. The Parties agree that no provision of this agreement shall be interpreted against the drafting party because of its being the drafter of it.


No Waiver


Our failure to exercise any right or remedy under these Terms of Use shall not constitute a waiver of that right or remedy.


Independent contractors


These Terms of Use do not create or have any intention of creating a joint venture, partnership, employer/employee relationship, agency, or fiduciary relationship between you and us. You are, at all times in connection with the operation of these Terms of Use, an independent contractor.


Dispute Resolution


In case of a dispute between us and you relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Member and Licensor shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW section of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add any party, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal and state law of Texas. The Parties hereby agree to each pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual Property claims by Licensor will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.


Governing Law and Jurisdiction


This Agreement shall be governed by and construed in accordance with the internal laws of Texas without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the county of Dallas, Texas.


Survival


All obligations of the Parties hereto contained in this agreement shall survive the expiration or termination of this agreement.


Force Majeure


If the performance by us under this Agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of us, then We shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such event(s).


Notices


All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each a “Notice”) shall be in writing and addressed to the you. All Notices from us to you relating to this Agreement will be sent to the email address you provided to us. Any Notices from you to us relating to this Agreement, must be sent to the following email address: info ‘at’ owwlish.com. A Notice is only effective if (i) the receiving party has received the Notice and (ii) the party giving the Notice has complied with the requirements of this section.