This page explains our terms of use. When you use Otsa, you're agreeing to all the rules on this website. Before using this website, if you have any questions relating to any section within these Terms of Use (the "Terms"), please email our support team at support@otsa.app. These Terms apply to you and to your access to, and use of, www.otsa.app (the "Website"), and any other website or service that links to these Terms (collectively, the "Services"). Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.otsa.app/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. The Services on this Website are provided by "Otsa, Inc." ("Otsa") and your use of the Services is subject to these Terms. "We," "our" or "us" refers to Otsa, Inc., collectively, "Otsa". We provide a platform which allows individuals, influencers, charitable organizations, non-profits, businesses or anyone at all who agrees to these Terms of Use and any other applicable policies or regulations ("Partners") to choose from our catalog of items to sell to their supporters worldwide through our platform ("Listings") or to purchase apparel or merchandise directly from Otsa. This platform is also used by customers and supporters who choose to purchase apparel and merchandise ("Users"). Partners and Users will collectively be referred to as "you".
These Terms govern your use of this Website and our Products and Services (defined below). By using this Website, you accept these Terms in full. If you disagree with any part of these Terms, you may not use this Website or any Services of Otsa.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. You will be able to access most of our Website without having to register any details with us; however, in order to create a Listing you will need to register certain details with us.
You must be at least thirteen (13) years old to register for an account, and to pay or accept money there are other requirements. See Section below "User's Age" for more details. When you register for an account you must provide us with accurate information. If not, we may not be able to assist you with accessing your account. User's Age You must be at least thirteen (13) years old to create an Otsa account or to access or use any of Otsa's Services. If you are not at least thirteen (13) years old, you may NOT use this Website at any time or submit any information to this website. To purchase merchandise and receive payouts you must be at least eighteen (18) years old or have your parent's permission. If you are a parent or legal guardian of a user visiting our site that is under the age of eighteen (18), you hereby agree to hold this user to these Terms and to hold harmless Otsa if the minor breaches any of these Terms. By using our Services, you certify that you satisfy the age guidelines and restrictions and your acceptance of these Terms. Furthermore, if we believe that your information is incorrect, we may prevent you from accessing the Website, terminate or suspend your account, or otherwise limit or restrict your use or Service.
You are solely responsible for the security of your account; any damages that arise from your failure to secure your account will not be covered by us.
To best protect your account, please keep your password and email access confidential. You are responsible for all activity on or through your account. If you believe your account is compromised, follow these steps please reset your password and contact our support team as soon as possible.
Otsa will not ask you to reveal your password. If you forget your password, you can visit this page to reset your password. Certain areas of this Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Website. Our Privacy Policy explains how we collect, use and disclose your personal information and protect your privacy when using our Services. By using our Services, you agree that Otsa can use your information in accordance with our Privacy Policy (available at https://www.otsa.app/privacy-policy/). In the event that there exists any inconsistency between these Terms and our privacy policies, the Privacy Policy shall take precedence.
You are responsible for all activity on your account. We welcome your comments regarding the Website; however, please behave responsibly when using our Website. We reserve the right to delete, move or edit any content posted on this Website for any reason. By using our Services, you agree that any and all Content that you contribute to Otsa:
You agree that you will indemnify, defend and hold harmless Otsa, its subsidiaries and all of their direct and indirect officers, directors, employees, agents, successors and assigns from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties, and threatened losses due to, arising from or relating to your use or contribution of Content to the Website that violates the above User Conduct requirements of that infringes any third party intellectual property rights. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Website in breach of this Section. You shall not use our Website while distracted or preoccupied, such as when operating a motor vehicle. You should access our Website only with due regard for your own safety and the safety of others.
We are not trying to steal your content or use it in an exploitative way. Unless indicated otherwise, you have complete ownership of your own content and give us permission to post it on our Website. By posting your Content, you grant us permission to use and/or publicly display works of your Content. Otsa does not claim any ownership rights in the Content you upload to this Website. It is your responsibility to make sure your Content does not contain copyrighted material unless you have permission from the rightful owner. If you believe a user has infringed upon your rights with their Otsa Listing, we ask that you (i) contact our fraud protection team at fraud@otsa.app and (ii) submit an Intellectual Property Claim to us at support@otsa.app. If needed, we reserve the right to edit, modify, or delete any of your Content. For more information regarding Intellectual Property restrictions, check out our Digital Millennium Copyright Act Agreement.
You are welcome to use our content to help promote your listings, but please don't post it elsewhere without our permission! Our content is protected by copyright, trademark, and other applicable laws. We grant you permission to use our logo and other copyrights or trademarks solely to promote your Otsa listing page. Examples of our content are the text on the Website, our logo, and designs created by our design team. You may not otherwise use, publicly display or prepare derivative works of our content other than in connection with your listing on Otsa, unless we give you permission in writing.
Congratulations on becoming an Otsa Partner! You help bring communities together worldwide by providing product recommendations and meaningful reviews for your supporters. After Account Creation, you will have the ability to bring your vision to life by creating your own Listings. When creating a Listing, you will be provided a catalog of our products to choose from. With this information. After a successful sale and the associated payment has been settled and finalized (past the valid return period of the product) is made through your listing, you will earn the pre-determined cut of the sale price. For more information on how to get started, please check out our Partner Program page. Copyright/Trademark You represent that you own or all trademark rights, copyrights, rights of publicity and other intellectual property rights necessary to create a Listing. You agree to provide us with evidence of this upon request. Your failure to do so may result in cancellation of your account and/or Listing. You agree that you will indemnify, defend and hold harmless Otsa, its subsidiaries and all of their direct and indirect officers, directors, employees, agents, successors and assigns from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties, and threatened losses due to, arising from or relating to your use of trademarks, copyrights, rights of publicity or other intellectual property in your Listing that infringe any third party intellectual property rights.
Fraud will be regarded as a serious matter and appropriate action, including, but not limited to, withholding payouts and/or account termination, or any other action within our right if fraudulent activity is detected. You agree that all information you provide in connection with your Listing is accurate and is not likely to deceive reasonable users; and that all purchases of your Listing is a legitimate purchase to the limit of your knowledge. You agree to not:
We reserve the right to provide information relating to your Listing to users or law enforcement in order to establish transparency and accountability. We may for any reason, in our sole discretion, place a hold on your account if fraudulent activity is detected. By creating a Listing, you agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms.
To receive payment for your Listing sales, you will be asked to sign up for a Stripe Connect account with your email address. If you are requesting the Payout to be sent to a business or charitable organization and do not have the ability to create an account on behalf of the organization, you can contact support@otsa.app or your Otsa representative to learn about alternate Payout options. We may require that you provide a Form W-9 to us prior to releasing funds.
You agree that you will verify the contact information you have provided to Otsa for payments to ensure that payments from Otsa are able to reach you or your intended beneficiary. Otsa is not responsible for misdirected payments based on inaccurate information provided by you. You acknowledge and consent that we may, at any time, for any reason, place a hold on a Partner account, restricting payouts to a specific account holder. If you have questions about a hold that we have placed on your payout, please refer to contact us at support@otsa.app. Taxes You are responsible for any taxes you owe based on the payments ("Payouts") you receive from us. You must also follow our rules about content and conduct. You are solely and fully responsible for payment of any income taxes applicable to the amount you earn through using our service. You are responsible for reporting any taxes. We collect tax identification information and report this to tax authorities as legally required. We will provide a copy of IRS form 1099 no later than January 31st each calendar year for beneficiaries who received more than $600 in total payouts during the previous calendar year as paid by check, ACH, or wire transfer. Beneficiaries who are registered non-profits or corporations do not receive 1099s. Tax reporting documentation for payouts made through third-party payment processors, such as PayPal, will be provided by the third party payment processor in accordance with all tax laws and regulations. For more information about 1099s from the IRS click here: https://www.irs.gov/payments/general-faqs-on-new-payment-card-reporting-requirements
Otsa makes every effort to transmit funds due to each Partner. In cases where the Partner fails to submit sufficient account information (e.g. Stripe account details, tax information if applicable, current mailing address, correct email address, etc.), Otsa will make a good faith effort to contact the Partner and/or beneficiary in order to render payment in accordance with Otsa's processes. If we are unable to contact the Partner and/or beneficiary and retrieve sufficient payment information after a period of six (6) months from the sale date, we may then deem the funds unpayable and apply such funds to the reimbursement of Otsa's expenses.
As supporters, you help bring an influencer's vision to life! By placing an order, you warrant that you are authorized to use any credit card, Paypal account, or other means of payment that you provide to us. Providing any inaccurate information is a breach of these Terms and may result in cancellation of your order. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or another payment account has been charged, we will issue a credit to your credit card (or another applicable payment account) in the amount of the charge. We will attempt to contact you if your order is canceled or if any information is required to accept your order. By confirming your purchase at the end of the checkout process, you agree to pay for the Products, as well as the shipping and handling charges and applicable taxes. Shipping and Delivery Products will be shipped to an address designated by you as long as the address is complete. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss for Products pass to you upon delivery of the Products to the carrier. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products. International Orders You acknowledge that the Products sold on Otsa, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs laws and regulations of the country in which the products are received, and you agree to comply with all applicable laws. For details on returns, refer to our return policy for more details. As products go through our own internal quality assuarnce process, we are not able to accept returns unless the product was damaged, misprinted, or incorrect. We try our very best to make sure each Listing is reviewed before going live, but from time to time, a deceiving listing may get posted. We have no control over any information published on a Listing page by a Partner and disclaim all liability to the fullest extent provided by applicable law. We simply do not have the resources to verify this information individually for every Listing. While the merchandise you order on Otsa will be sent to you as you anticipate, all purchases made based on the reviews and photos associated with the Listing will be at your own risk. If you have reason to believe that any Listing on our Website is fraudulent or your payment instrument ("Payment Instrument") was compromised, immediately contact our fraud protection department at fraud@otsa.app.
Headings, titles and italicized summaries throughout this document are for convenience and reference only, and in the event of any conflict, the text of the Terms, rather than such headings, titles or italicized summaries, shall control.
You and your heirs and assignees agree to defend, indemnify, and hold Otsa harmless from any and all claims, damages, and expenses, including attorney's fees, arising from these Terms or related to your use of Otsa.
These Terms are effective unless terminated by either you or Otsa. You may terminate this Agreement at any time, provided that you discontinue any further use of the Website. We may also terminate this Agreement at any time and may do so immediately without notice and deny you access to the Website if in our discretion you fail to comply with any of these Terms.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Otsa. The information, software, Products, and Services included in or available through the Website may include inaccuracies or typographical errors. Changes are added periodically to the information herein. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, Products, Services, and relate graphics contained on the Website for any purpose. We take all reasonable steps so that our Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Website is unavailable at any time. Our Website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so. By submitting a telephone number to Otsa you agree that a representative of Otsa can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS OTSA DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. OUR SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. OTSA MAKES NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
We make no representations that the content or the Website is appropriate or may be used or downloaded outside the United States. Access to the Website and/or the content may not be legal in certain countries outside the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Website. If an issue does arise out of these Terms related to your use, and it can't be resolved by us, then it must be resolved by arbitration before the American Arbitration Association in Richmond, Virginia. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding. In the event of a dispute between You and Otsa that cannot be adjudicated through arbitration, You agree that all disputes and related claims shall be construed in accordance with the laws of the Commonwealth of Virginia and that jurisdiction for the dispute shall be in a federal or state court with competent jurisdiction located in Richmond, Virginia. Our Website is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Website, as may be required. User Disputes You agree that you are responsible for your interactions with any other user in connection with the Services and Otsa will have no liability or responsibility with respect thereto. We reserve the right but have no obligation to become involved in any way with disputes between you and any other user of the Services. Otsa is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, we reserve the right to withhold payouts until the dispute is resolved, in Otsa's discretion. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain sections or pages on this Website may contain additional Terms. In the event of a conflict, those additional Terms become part of your Agreement with us if you use those Services.
We strongly encourage you to contact us if you're having an issue, before taking legal action. In the rare occasion where legal action does arise, these Terms (and all other policies) will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the United States and will be adjudicated in Richmond, Virginia Federal, State and local courts.
For the purposes of this Agreement, the following terms shall have the following definitions:
Our Contact Information: Otsa, Inc. | support@otsa.app