Last updated: August 23, 2023
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Otakutie ("the App") provided by SLAY GmbH ("the Company", "We", "Us", or "Our").Interpretation and Definitions.
Thank you for using Otakutie
Welcome to Otakutie. Otakutie is an application designed to enhance your circle of friends. We aspire for it to illustrate that there exist individuals who cherish and hold you in high regard. Our Terms of Use ("Terms") manage your access to and use of our application, website, and additional tools (collectively referred to as "Otakutie" or the "Service" or "Services"). With each instance of accessing or utilizing Otakutie, you indicate your acceptance of these Terms, our Privacy Policy, and any other pertinent terms applicable to you. Should you disagree with these Terms, kindly refrain from using Otakutie.
Your License to Use Otakutie
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service subject to these Terms, our Privacy Policy, and other policies and applicable law.
Downloads and Software Updates
Upon creating your Otakutie account, you affirm the accuracy and completeness of the information you provide. Should we discover any inaccuracies in the information you provided, we retain the right to deny you access to the Service. Utilizing Otakutie necessitates the initial download of software onto your computer, phone, tablet, or alternative device. Your agreement to our automatic software updates is acknowledged, with these Terms and our policies governing all such updates.
Age and Legal Capacity
By using Otakutie, you affirm that you are at least 13 years old and possess the legal capacity to enter into the agreement stipulated in these Terms. Individuals under the age of 13 are prohibited from utilizing or accessing Otakutie. Furthermore, you are not authorized to use Otakutie if you lack the legal capacity to engage in contractual agreements or if such use contravenes German law. For residents of the European Economic Area ("EEA"), your use of Otakutie is conditional upon reaching the age at which you can provide consent for data processing according to the laws of your country, or if we have verifiable parental consent for your usage of Otakutie.
You Own What You Post
We refer to the photos, comments, links, and other content you post as "User Content." You maintain all rights to the User Content you share on Otakutie and bear sole responsibility for it. While the User Content belongs to you, there are several important constraints to consider:
Firstly, the User Content excludes your Otakutie username. In the event of your account's termination, neither you nor Otakutie will retain rights to the username you used. A new Otakutie user may use that username in the future.
Secondly, you grant Otakutie and our users a non-exclusive, royalty-free, transferable, sublicensable, global license to utilize, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content. This license is for the purpose of using, accessing, operating, developing, and furnishing Otakutie. The license does not restrict other legal rights that Otakutie may possess concerning User Content, as governed by additional licenses.
Thirdly, we maintain the prerogative to modify or remove User Content, or change its usage on Otakutie, for any reason. This encompasses User Content that, in our judgment, contravenes these Terms or other applicable policies.
Lastly, the content you share with others on Otakutie may persist on the platform even if you discontinue its usage. We may preserve, archive, and retain your User Content even in the event of account termination, deactivation, or the removal of specific User Content. Otakutie and its users may continue to utilize, store, display, reproduce, modify, and distribute any of your User Content within the limits set by these Terms and relevant regulations.
Your Responsibility for User Content
You hold exclusive responsibility for your User Content and the repercussions arising from its posting on Otakutie. You acknowledge your possession of all necessary rights, authorizations, and permissions to post User Content and provide us with the aforementioned license.Furthermore, you affirm that your User Content adheres to these Terms and other Otakutie policies, which encompass our Community Guidelines. You also confirm that your User Content does not infringe upon third-party rights, including but not limited to copyrights, trademarks, personality rights, or privacy rights.We retain the right to exercise our sole discretion in removing or altering User Content for any reason, including instances where we believe such User Content contravenes these Terms or other policies.
SMS Messages
Otakutie will send you SMS or short message service messages, also commonly known as text messages, for two-factor authentication. Please note that message and data rates may apply.
Access to the SMS Services
To use the Services provided by Otakutie, you must have a mobile communications subscription with a participating carrier or access to a mobile communications network for which Otakutie makes the Services available. This also includes having carrier services necessary for sending text messages and being responsible for any associated service fees. The text messaging rates set by your carrier will apply to all text message communications related to the services. Any inquiries regarding pricing, billing, refunds, or other related matters should be directed to your carrier's customer support team.
Additionally, you are required to supply all the equipment and software needed to connect to the Services. This encompasses having a functional mobile handset or other mobile access device that is suitable for use with the SMS service. If any upgrades to the Services necessitate changes in your equipment or software, you are responsible for effecting these changes at your own expense.
Unless explicitly mentioned otherwise, any new features introduced to enhance the current Services will be subject to these Terms. Otakutie reserves the right to modify, suspend, limit the use of, discontinue, or permanently cancel all or part of the SMS Services at any time and at its discretion. While Otakutie takes reasonable measures to ensure the ongoing availability of the Services, there may be instances when interruptions occur for maintenance, upgrades, emergency repairs, or due to factors beyond our control, such as telecommunications link failures and equipment malfunctions. By utilizing the Services, you acknowledge that Otakutie shall not be held liable to you for any modifications, suspensions, or discontinuations of the Services.
When you provide us your phone number
To utilize the Services, you must participate by providing your phone number (referred to as "Phone Number") through the Site ("Participation"). An invitation will then be dispatched to your Phone Number via SMS message, guiding you to register for an Account. Furthermore, if you are not registered for our Services, other Users may forward an SMS message through the App inviting you to join. You comprehend, acknowledge, and agree that (i) text message and data rates may be applicable to any SMS messages transmitted between us, from you to us, or amongst Users; (ii) you are exclusively accountable for any charges levied by your wireless provider for SMS messages that you send or receive in connection with the Participation and/or the Services; and (iii) you shall approach your wireless provider for inquiries regarding your text and/or data plan.Upon receipt of an SMS message invite, should you opt to proceed with using the Services, you will be required to create an account via the App. This entails furnishing specific details such as your name, school, grade level, gender, phone number, contact list, and photograph. When registering for an account, you undertake to: (i) provide accurate, current, true, and comprehensive information about yourself; and (ii) consistently update your account information to ensure its accuracy, currency, truth, and completeness. Should you provide any information that is inaccurate, untrue, incomplete, or not current, or if we possess reasonable grounds to suspect the veracity, accuracy, currency, or completeness of such information, we reserve the right to suspend or terminate your Account and decline any present or future use of the Services.By utilizing Otakutie and concurring with these Terms of Use, you acknowledge and grant consent to the operational features of the platform. This includes the automated dispatch of notifications from our general number to your contacts as part of the poll creation and voting process. It is crucial to understand that the content of these notifications, including names and school particulars, stems from the information supplied by the poll creator, who has sourced this data through personal or legitimate channels. Our platform merely facilitates the delivery of these messages and does not autonomously amass or utilize such information. Your use of Otakutie denotes acceptance of this attribute and the linked data management procedures.We employ rigorous measures to safeguard user data and adhere to all pertinent laws and regulations pertaining to data privacy and protection. Please be advised that the sharing or utilization of information in a manner inconsistent with these terms could lead to the suspension or termination of your access to the services.
SMS Marketing
At SLAY GmbH, we prioritize the user experience and active engagement on our platforms. One of the ways we maintain this engagement and keep our users updated is through our SMS service. By signing up and creating an account on our platform, users grant us permission to send SMS notifications as part of the terms of our service. These notifications include information about new features, invites to participate in polls, or updates on our various products. This ensures users stay informed and connected with the dynamic community on our platforms. The SMS service is integral to the SLAY GmbH experience, designed to facilitate real-time, direct communication with our users. We respect and value our users' privacy, and all data used for this service is handled in accordance with our privacy policy and legal regulations.The process of SMS notification enhances the user experience and helps create a vibrant, interactive digital space where our users can freely engage. Remember, these messages are designed to enrich your experience with SLAY GmbH, allowing us to better serve your needs and preferences.You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at hi@slay.cool.Carriers are not liable for delayed or undelivered messagesAs always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive not more than 2 messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.If you have any questions regarding privacy, please read our privacy policy
Your Responsibility for Your Account
You are also accountable for the activities conducted under your Otakutie account. It is advisable to safeguard your account by using a robust password and refraining from sharing it with others. You commit to promptly informing us of any unauthorized access, utilization of your account, or any breaches of security. We retain the authority, at our sole discretion, to limit or terminate your access to your account for various reasons, including, but not restricted to, infringements of these Terms or other relevant policies.
Your Use of Otakutie
You consent to utilize Otakutie solely for lawful intentions and to adhere to all pertinent laws and regulations. The use of Otakutie for illegal activities or the dissemination of content that contravenes applicable laws or regulations is prohibited. In the event of any breach of these Terms or other Otakutie policies, we reserve the right to limit or terminate your account, and/or pursue legal action against you.
Your Interactions with Other Users
Otakutie is dedicated to establishing a secure atmosphere for all users. Nevertheless, we cannot ensure the veracity and reliability of all Otakutie users. Your interactions with other Otakutie users are your exclusive responsibility. We advise you to exercise prudence and heed our safety recommendations.
Your Complaints
Respecting the rights of others is of utmost importance at Otakutie. If you suspect that content on Otakutie infringes upon your rights, we urge you to get in touch with us. We will thoroughly assess any legal grievances and, if warranted, initiate appropriate measures.
Termination
Your license to utilize Otakutie may be suspended or terminated by us under various circumstances and for any reason. Ordinarily, we will furnish you with prior notification and the rationale behind the suspension or termination. Nevertheless, we retain the right to effect an immediate suspension or termination without prior notice if, at our sole discretion, we determine that you have engaged in a substantial breach of these Terms or our established policies.
Disclaimer of Warranties and Limitation of Liability
Otakutie is provided to users "as is" and "as available," with no expressed or implied warranties of any kind. We explicitly disclaim all warranties and conditions, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.We do not perform advanced reviews of User Content. Otakutie assumes no responsibility and accepts no liability for User Content that you, another individual, or third party posts or sends through our Service. You comprehend and agree that you may encounter User Content that is incorrect, offensive, indecent, abusive, inappropriate for children, or otherwise unsuitable for your intended use.
Subscriptions
Automatic Renewal and Cancellation
Otakutie offers users a weekly subscription to enhance their user experience. If you choose to subscribe, your subscription will automatically renew until you decide to cancel, and you will be charged the applicable fee (plus any relevant taxes) until you cancel. To view your upcoming renewal date and the current fee, you can access this information through the account settings on your mobile device or by visiting the Subscriptions tab within the Apple App Store.
In order to avoid being charged for the subsequent billing period, you must cancel your subscription at least 24 hours before the end of your ongoing billing cycle. Once canceled, you will retain access to your subscription until the end of your current billing period. At that point, your subscription (along with access to subscription features) will be discontinued.
You have the freedom to terminate your subscription at any time through the Apple App Store. To regain access to subscription features after discontinuing your paid subscription, you may need to purchase a new subscription, which will be subject to prevailing fees, terms, and conditions.
Paying For Your Subscription
Payments for your subscription are handled through Apple ("App Provider"), and you will be required to furnish your payment details to the App Provider. It is your responsibility to ensure that your payment information is accurate and current. In the event of an unsuccessful payment, we reserve the right to temporarily suspend your access to the corresponding subscription features until you provide a valid payment method. Please note that Otakutie is not accountable if your subscription renewal fails due to outdated or incorrect payment information.
Refunds
Requests for refunds are managed by your App Provider and not by Otakutie. To initiate a refund request, you must adhere to the refund procedures set by your App Provider. Please note that Otakutie does not provide refunds for subscription charges. In the event of cancellation, we will not issue refunds or credits for any unused portion of your subscription period. Refunds or credits are not applicable for any portion of a billing period during which Subscription Features are inaccessible, defective, delayed, or due to any other cause.
Changes to Subscriptions and Features
We retain the right to modify or terminate your subscription plans, subscription features, terms, or pricing at our discretion. Otakutie shall not be held liable for any damages or losses resulting from failures or delays related to your subscription or subscription features.
General Provisions
Assignment
The rights and licenses granted by these Terms may not be transferred or assigned by you, but they can be transferred by Otakutie without any limitations. Any attempt by you to transfer or assign in violation of these Terms will be considered null and void.
Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason, that provision will be considered separate from these Terms and will not affect the validity and enforceability of the remaining provisions. These Terms, along with our Privacy Policy and any additional agreements you establish with Otakutie, constitute the entire agreement between you and Otakutie.
No Waiver
No waiver of any provision of these Terms shall be considered as a continued or further waiver of that provision or any other provision. Otakutie's failure to enforce any right or provision under these Terms shall not be construed as a waiver of such right or provision.
Parties
These Terms are a contract between you and SLAY GmbH. SLAY GmbH is the company that owns Otakutie.
