Terms of Service

"Services" means our platform services, including: (a) Subscription Website Services for professionals hosted on myoaysus.com; (b) E-commerce Platform Services with revenue-sharing arrangements; and (c) Demo and preview website services.

"Platform" means our proprietary software system accessible at oaysus.com, myoaysus.com, and related subdomains.

"Subscription Services" means pre-built website subscriptions billed monthly or annually through Stripe, hosted on myoaysus.com with optional custom domain support.

"Customer Data" means all data, content, and materials you upload, submit, or create using our Services, including business information, website content, and lead capture data.

"Custom Components" means any code, templates, scripts, third-party integrations, or functionality you upload to or integrate with our Platform.

"CLI Tool" means our open-source command-line interface tool (Oaysus CLI) available at github.com/oaysus/cli, which enables developers to upload Custom Components and manage their websites from their development environment.

"Lead Data" means contact information and inquiries submitted by visitors through lead capture forms on your website, which is stored in our database and accessible through your dashboard.

"Agreement" means these Terms together with any Order Forms, Service Agreements, or other documents incorporated by reference.

Service Availability: We will use commercially reasonable efforts to maintain Service availability, but do not guarantee uninterrupted access. Scheduled maintenance will be performed during low-usage periods when possible.

Website Tools Only: We provide website and platform tools. We are NOT providing professional services, consulting, or advice related to your business operations, licensing, or professional practices.

Eligibility: Our Services are designed for business use. You must be at least 18 years old and have legal authority to enter into this Agreement on behalf of yourself or your business.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized use.

Accurate Information: You agree to provide accurate, current, and complete information during registration and subscription, and to update such information as necessary through your account dashboard.

Professional Licensing and Compliance: You are solely responsible for:

• Obtaining and maintaining all necessary business licenses, permits, and professional certifications required for your trade or business
• Ensuring your business practices comply with all applicable federal, state, and local laws and regulations
• Maintaining appropriate business insurance, including general liability and professional liability insurance
• Complying with consumer protection, privacy, and advertising laws in your jurisdiction
• Ensuring all information on your website is accurate, truthful, and not misleading

Lead Data Handling: Lead data collected through your website forms is stored in our database and accessible through your dashboard. You are responsible for complying with all applicable privacy laws regarding your use of this data and for any communications you send to leads.

Our IP: We retain all rights, title, and interest in and to the Platform, Services, and our proprietary technology, including all code, software, templates, and infrastructure. No license or rights are granted to you except as expressly set forth herein.

Your Business Content: You retain full ownership of your business content, including business information, photos, descriptions, and any other materials you provide for your website. You grant us a limited, non-exclusive license to host, display, and use your content solely to provide the Services to you.

Custom Components: You retain ownership of your business content within Custom Components you upload. However, you grant us a perpetual, irrevocable, worldwide license to use, modify, and distribute the code and functional aspects of any Custom Components. We may make the code/functionality available to other customers or incorporate it into our Services, but we will not share your specific business content (text, images, branding).

Feedback: Any suggestions, feedback, or improvements you provide regarding our Services may be used by us without compensation or attribution.

Third-Party Content: You are responsible for ensuring you have the right to use any third-party content (stock photos, fonts, etc.) included on your website and that such use does not infringe on any third-party intellectual property rights.

IMPORTANT: You are solely responsible for all code, components, scripts, and third-party integrations you upload to or integrate with our Platform.

No Code Review: We do not review, audit, validate, or scan customer-uploaded code for security vulnerabilities, malware, or compliance with any standards. Custom Components are uploaded and executed at your own risk.

Third-Party Services: If you integrate third-party services (such as analytics tools, tracking pixels, payment processors, or other APIs) into your website through Custom Components, you are responsible for:

• Compliance with those third parties' terms of service and privacy policies
• Ensuring any data sharing complies with applicable privacy laws
• Disclosing such integrations to your website visitors as required by law
• Any fees, liabilities, or obligations arising from those integrations

Prohibited Code: You may not upload code that:

• Contains malware, viruses, or other malicious software
• Attempts to access our systems or other customers' data
• Mines cryptocurrency or performs unauthorized computations
• Violates any applicable law or third-party rights
• Could harm our infrastructure, other customers, or website visitors

Removal Rights: We reserve the right to remove any Custom Components that we reasonably believe violate these Terms or pose a security risk, without prior notice.

Open Source License: The Oaysus CLI tool is open-source software available at github.com/oaysus/cli. The CLI tool code is licensed separately from our Platform and Services. Your use of the CLI tool is subject to its open-source license terms.

Device Authorization: The CLI tool uses device authorization to authenticate your development environment with our Platform. When you authorize a device:

• An authorization token is stored locally on your device
• The token grants access to your account for uploading Custom Components
• You can revoke device authorization at any time through your account dashboard
• You are responsible for securing your authorized devices

Same Terms Apply: All Custom Components uploaded via the CLI tool are subject to the same terms as components uploaded through the web interface, including Section 6 (Customer-Uploaded Code) and Section 13 (Indemnification).

Platform vs. CLI: While the CLI tool is open source, the Platform, APIs, and Services it connects to remain proprietary. The open-source license for the CLI does not grant any rights to our Platform or Services.

You may not use our Services to:

• Violate any applicable law or regulation
• Infringe upon or violate the intellectual property or privacy rights of others
• Transmit malicious code, viruses, or other harmful materials
• Attempt to gain unauthorized access to our systems or other user accounts
• Interfere with or disrupt our Services or servers
• Use our Services for any fraudulent or deceptive purpose
• Resell our Services without our written consent
• Reverse engineer, decompile, or disassemble our Platform
• Collect or harvest personal data without appropriate consent
• Send spam or unsolicited communications using lead data

Subscription Activation: Upon subscribing, your website will be activated on a myoaysus.com subdomain of your choice (subject to availability). You will gain access to your account dashboard to manage your subscription and domain settings.

Custom Domain Connection: You may connect a custom domain to your website at no additional charge. You are responsible for:

• Purchasing and maintaining registration of your custom domain through a domain registrar
• Configuring DNS settings to point your domain to our servers (documentation provided)
• Ensuring your domain remains active and renewed

Website Hosting: Your subscription includes hosting on our shared infrastructure. We do not guarantee specific bandwidth, storage limits, or uptime SLAs for subscription websites. We reserve the right to impose reasonable usage limits to maintain service quality for all customers.

Cancellation by You: You may cancel your subscription at any time through your account dashboard. Cancellation is effective at the end of your current billing period. You remain responsible for all fees incurred through the cancellation date.

Effect of Cancellation:

• Your website (subdomain and custom domain) will be deactivated at the end of your billing period
• Your account and data will be retained for 90 days to allow reactivation
• During this 90-day period, you may resubscribe to restore your website
• After 90 days of inactivity, your account and all associated data (including lead data) will be permanently deleted

Data Deletion Requests: If you request deletion of your account and data before the 90-day retention period, we will process your request within 15 days. Deleted data may persist in encrypted backups for up to 15 additional days before being automatically purged.

Payment Failure: If a payment fails, your website will be immediately suspended. If payment is not resolved within 30 days, your account will follow the same cancellation process described above.

Termination by Us: We may terminate this Agreement immediately for material breach, non-payment, or violation of these Terms. We may also terminate with 30 days' notice without cause.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE ARE NOT PROVIDING PROFESSIONAL SERVICES: We provide website and platform tools only. We do not provide, and you should not rely on us for:

• Professional advice regarding your trade, business operations, or industry practices
• Legal, accounting, or tax advice
• Guidance on licensing, permitting, or regulatory compliance for your business
• Business consulting or strategic planning services
• Marketing or advertising advice specific to your industry

YOU ARE SOLELY RESPONSIBLE FOR:

• Your business operations and professional practices
• The quality and safety of services you provide to your customers
• Obtaining appropriate business and professional liability insurance
• Compliance with all applicable laws, regulations, and licensing requirements
• All content and representations made on your website
• All code and third-party integrations you upload to the Platform

We do not warrant that:

• The Services will meet your specific business requirements or revenue expectations
• The Services will be uninterrupted, timely, secure, or error-free
• Any errors in the Services will be corrected within a specific timeframe
• Custom Components you upload will function correctly or securely
• Your website will generate leads, customers, or revenue

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL TREKEFFECT INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO US IN THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of whether the liability is based on contract, tort, strict liability, or any other legal theory.

You agree to defend, indemnify, and hold harmless Trekeffect Inc. and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your Customer Data, business content, or business practices
• Custom Components, code, scripts, or third-party integrations you upload, including any security vulnerabilities, data breaches, privacy violations, malware, or harm to website visitors arising therefrom
• Your professional services, work product, or business operations
• Claims by your customers or third parties related to services you provided to them
• Your failure to obtain or maintain proper licensing, permits, or insurance
• Your infringement of any intellectual property or privacy rights of others
• Lead data you collect and your use of such data
• Your violation of any applicable laws or regulations

We will provide you with reasonable notice of any such claim and cooperate with you in the defense thereof.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions.

Jurisdiction: Any legal action or proceeding arising from or relating to these Terms shall be brought exclusively in the state or federal courts located in Connecticut, and you hereby consent to the personal jurisdiction and venue therein.

Dispute Resolution Process:

1. Direct Communication: Contact our legal team first to attempt resolution
2. Mediation: If direct communication fails, disputes shall be submitted to binding mediation
3. Litigation: Only if mediation fails may either party pursue litigation in the courts specified above

Entire Agreement: These Terms constitute the entire agreement between you and Trekeffect Inc. regarding the Services and supersede all prior agreements and understandings.

Modifications: We may update these Terms from time to time. We will provide notice of material changes by email or through the Services. Continued use of the Services constitutes acceptance of the modified Terms.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Assignment: You may not assign or transfer these Terms without our written consent. We may freely assign these Terms.

Force Majeure: Neither party shall be liable for any failure to perform due to causes beyond its reasonable control, including natural disasters, government actions, or telecommunications failures.

Electronic Communications: You consent to receive communications from us electronically, and such communications satisfy any legal requirement that communications be in writing.

For questions about these Terms of Service, please contact: