Last updated 05.04.2025
AGREEMENT TO OUR LEGAL TERMS
We are OwlityAI ("Company," "we," "us," or "our"). We operate the website and any related products or services that refer to or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at info@owlity.ai.
These Legal Terms form a binding agreement between you—either personally or on behalf of a legal entity (referred to as the "Client" or "you")—and OwlityAI, regarding your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by these Legal Terms. If you do not agree to all of these Legal Terms, you are not permitted to use the Services and must stop using them immediately.
Any supplemental terms or documents that may appear on the Services from time to time are incorporated into these Legal Terms by reference. We may update or change these Legal Terms at our discretion and for any reason. If we do, we’ll update the “Last updated” date at the top of this document. By continuing to use the Services after we post changes, you accept the revised terms. You waive any right to receive specific notice about each individual update. It’s your responsibility to check these Legal Terms from time to time.
We recommend keeping a printed copy of these Legal Terms for your records.
TABLE OF CONTENTS
The information provided through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would violate local laws or regulations or require us to meet registration requirements in that jurisdiction. If you choose to access the Services from another location, you do so on your own initiative and are solely responsible for complying with any applicable local laws.
Owlity offers a cloud-based platform (referred to as the “Platform”) and related services under various subscription plans. These services allow clients to test their web and mobile applications in a cloud environment, including across multiple web browsers and operating systems.
As part of Platform access, Owlity also provides additional services (collectively referred to as the “Owlity Services”), which include:
a) technical documentation, user guides, and other materials needed to operate the Platform;
b) onboarding support and consulting during the initial setup process;
c) updates, improvements, modifications, and bug fixes made generally available to Owlity clients as part of standard support.
The Owlity Services are offered based on the terms and scope defined in the client’s subscription plan with Owlity.
Subject to the terms of this Agreement, Owlity will provide the Client with access to the Owlity Services in line with the Client’s selected subscription plan.
Owlity grants the Client a limited, non-exclusive, non-transferable right and license, for the duration of this Agreement and solely for the Client’s internal business purposes and in accordance with the Documentation, to:
a) use the Owlity Services;
b) receive consultation and technical support for account configuration;
c) allow its Affiliates (if any) to access and use the Owlity Services, subject to any applicable limitations or usage caps; and
d) access and use the Documentation.
No rights or licenses are granted to the Client beyond those expressly outlined in this Agreement.
The Client may designate and authorize an Affiliate to act as its representative (agent) for managing the Client’s account. Account management may include, but is not limited to: configuring administrative settings; managing access rights; authorizing use of the Services; requesting changes, upgrades, or expansions; providing usage or performance data; integrating with third-party software; receiving communications; and accepting applicable terms and conditions on the Client’s behalf.
The Client may also appoint an employee, representative, or contractor as its agent. In all cases, the Client remains fully responsible for the actions and omissions of any agent it appoints, including their compliance with this Agreement and applicable law.
Except as expressly permitted in this Agreement, the Client agrees not to, and shall ensure that its Affiliates do not, and shall not permit any third party to:
If Owlity suspends or terminates the Client’s account, the Client agrees not to register for or subscribe to the Owlity Services under a new account without Owlity’s prior written consent. The Client acknowledges and agrees that Owlity is not liable to the Client or any third party for any suspension or termination of this Agreement, the Client’s account, or any denial of access to the Owlity Services, regardless of the reason for such action.
The processing and storage of personal information in connection with the use of Owlity Services is governed by the current version of the Owlity Privacy Policy, available at:https://owlity.ai/privacy. This Privacy Policy may be updated periodically, and any changes will take effect upon publication of the revised version.
The Privacy Policy is considered an integral part of the Legal Terms and applies accordingly.
Owlity provides Clients with technical support for the use of its Services, focusing on identifying and resolving issues that arise during the normal operation of the Platform.
Support is offered via email. Clients can contact Owlity using the email address available in the Platform interface or through Owlity’s official contact details. Responses are provided within a reasonable time frame, in accordance with the standard service terms in effect at the time of the request.
Owlity may request additional information from the Client as needed to analyze and resolve issues. This may include, but is not limited to: usage scenarios, log files, screenshots, technical environment details, or other relevant materials the Client may choose to provide.
Support does not include:
Owlity reserves the right to determine the scope, format, and priority of support based on its internal policies and available technical or operational resources.
We are the owner or licensee of all intellectual property rights in our Services. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos used in the Services (the "Marks").
Our Content and Marks are protected by copyright, trademark, and other laws related to intellectual property and protection against unfair competition, in accordance with applicable laws and international treaties across various jurisdictions.
The Content and Marks are provided through the Services "AS IS" and may only be used for your personal, non-commercial purposes or internal business use.
Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:
Unless stated in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise used for any commercial purpose without our express prior written permission.
If you want to use the Services, Content, or Marks in a way not covered by these terms, please send your request to:info@owlity.ai. If we grant permission for you to post, reproduce, or publicly display any part of our Services or Content, you must credit us as the owner or licensor and ensure any copyright or proprietary notices remain visible.
We reserve all rights not explicitly granted to you in relation to the Services, Content, and Marks.
Any violation of these intellectual property rights will be considered a material breach of our Legal Terms and will immediately end your right to use our Services.
Please review this section and the "Prohibited Activities" section carefully before using our Services to understand (a) the rights you grant us and (b) the obligations you have when posting or uploading any content through the Services.
Submissions: By sending us any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), you agree to assign all intellectual property rights in such Submissions to us. You agree that we will own the Submission and have the right to use and distribute it for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services, you:
You are solely responsible for your Submissions and agree to reimburse us for any and all losses we may incur due to your breach of (a) this section, (b) any third-party intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant that:
If you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Services (or any part of them).
Access to and use of the Owlity Services is permitted only to the Client, the Client’s Affiliates, and their respective employees and independent contractors (provided they are not competitors of Owlity). All obligations that apply to the Client under this Agreement also apply to each of its Affiliates. The Client is responsible for ensuring that each Affiliate complies with these obligations.
The Client remains fully responsible to Owlity for all acts and omissions of its Affiliates, including any breach of this Agreement.
You may not access or use the Services for any purpose other than those for which they are made available. The Services may not be used in connection with any commercial activities unless specifically authorized by us.
As a user of the Services, you agree not to:
We do not require or encourage users to post or submit content through our Services. However, we may provide the technical means for you to create, upload, submit, post, or otherwise share content—including text, images, videos, audio files, comments, feedback, suggestions, and other materials (collectively referred to as “Contributions”).
Any Contributions you submit may be accessible to other users of the Services and may be displayed on third-party platforms or resources, depending on the access settings and the nature of the submission.
You acknowledge and agree that Owlity and/or the Services may access, store, process, and use any information you provide—including personal data and user preferences (such as settings)—in connection with your use of the Services.
By submitting suggestions, feedback, comments, or other input related to the Services, you irrevocably agree that Owlity may use, reproduce, disclose, distribute, and otherwise make use of that feedback for any purpose, without any obligation to compensate you.
Owlity does not claim ownership of your Contributions. You retain all ownership rights, including intellectual property and proprietary rights, in your Contributions. However, by submitting or posting Contributions through the Services, you grant Owlity a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, publicly display, perform, adapt, modify, translate, and create derivative works from your Contributions—solely for the purpose of providing, improving, and promoting the Owlity Services.
You are solely responsible for all Contributions you submit or make available through the Services, including any statements contained within them. You release Owlity from all liability related to your Contributions and agree not to pursue any legal claims against Owlity arising from or related to those Contributions.
We reserve the right, but not the obligation, to:
These Legal Terms remain in full force and effect for as long as you use the Owlity Services.
We reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Services (including by blocking specific IP addresses) to any person, for any reason or no reason at all, including, without limitation, if we believe that you have:
We may also, at any time and without notice, terminate or suspend your participation in the Services or delete any content or information you have submitted or posted, at our sole discretion.
If your account is suspended or terminated for any reason, you are prohibited from registering or creating a new account under your own name, a false or borrowed name, or the name of any third party—even if you are acting on behalf of that third party.
In addition to suspending or terminating your account, we reserve the right to take appropriate legal action, including, without limitation:
While we strive to provide reliable, high-quality Services, we reserve the right to modify, update, suspend, or discontinue the Services (in whole or in part) at any time, at our sole discretion, and without prior notice. This may include changes to functionality, pricing, maintenance activities, or other adjustments.
We make every effort to maintain high availability of the Services. However, temporary disruptions may occur due to circumstances beyond our control. We are not liable for any unavailability of the Services caused by:
Scheduled maintenance refers to planned technical work, for which we will provide at least two (2) calendar days’ notice. Emergency maintenance may be performed when necessary to maintain system security or stability, in which case notice may be provided shortly before or after the work begins.
This Agreement does not obligate us to continuously maintain, upgrade, or release new versions of the Services. That said, we will continue striving to provide a stable and convenient experience for our clients.
The Services may contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing, availability, or other content. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR:
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, THROUGH ANY HYPERLINKED WEBSITE, OR THROUGH ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE ARE NOT A PARTY TO, AND WILL NOT BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Under no circumstances shall we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages—including, without limitation, lost profits, loss of revenue, loss of data, or other intangible losses—arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.
Notwithstanding any other provision in this Agreement, our total aggregate liability to you, regardless of the cause of action or legal theory, shall in all cases be limited to the lesser of:
Some U.S. state laws and international laws do not allow the exclusion or limitation of certain implied warranties or the exclusion or limitation of liability for specific types of damages. If such laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
You agree to defend, indemnify, and hold harmless Owlity, its subsidiaries, affiliates, and each of their respective officers, directors, agents, partners, and employees from and against any and all losses, damages, liabilities, claims, demands, costs, and expenses (including reasonable attorneys’ fees and legal costs) incurred by any third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right—at your expense—to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding as soon as we become aware of it.
We maintain certain data that you transmit to the Services to support their functionality and performance. Although we conduct routine backups, you are solely responsible for maintaining the integrity and backup of any data you provide or generate through the Services.
We disclaim any liability for the loss, breach, or corruption of such data, except where it results from our gross negligence or willful misconduct.
While we implement commercially reasonable security measures, no system is completely immune to risk. You acknowledge this and waive any right of action against Owlity for incidents beyond our reasonable control.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically—via email or through the Services—satisfy any legal requirement that such communications be in writing.
YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES.
You waive any rights or requirements under any laws, regulations, rules, or ordinances in any jurisdiction that require an original (non-electronic) signature, the delivery or retention of non-electronic records, or payment and credit transactions by non-electronic means.
Access to Owlity Services is provided based on the subscription plan selected by the Client (hereinafter referred to as the "Subscription Plan"). The price, features, usage limits, and other parameters of the Services are determined by the Subscription Plan in effect at the time of purchase, along with any subsequent changes requested by the Client.
We offer a monthly subscription plan, which is paid in advance and automatically renewed each month.
By subscribing, you acknowledge and agree that recurring payments will be charged on a regular basis and that we are authorized to charge the payment card used during the initial subscription and/or any other payment method linked to your account.
The subscription will remain active until you cancel it.
Cancellation must be completed before the next renewal date to avoid charges for the following month. After cancellation, you will retain access to the Services until the end of the current billing period under your active Subscription Plan.
Depending on the Subscription Plan you choose, you will have access to a specific set of features and usage limits.
If the established limits are exceeded, additional usage is subject to separate payment by purchasing credits in accordance with the pricing listed at: https://owlity.ai/pricing.
Unused paid credits acquired during the current month will carry over to the next billing cycle and remain available until used.
Owlity reserves the right, at any time and at its sole discretion, to modify or discontinue any Subscription Plan, including changes to pricing, terms, usage limits, and technical specifications. In the event of such changes, Owlity will notify the Client at least 30 calendar days in advance using the contact information provided by the Client.
The Client agrees not to use Owlity Services in violation of this Agreement or the applicable Subscription Plan, including, but not limited to, circumventing limits on the number of users, usage volume, or sharing access with third parties.
(a) The Client grants Owlity irrevocable authorization to automatically and regularly charge the payment method specified by the Client for the following:
(b) Owlity will provide the Client with information regarding charges and usage of the Services in a format and manner determined at Owlity’s sole discretion. Owlity is also entitled to issue invoices for the Services, including applicable taxes and fees, in accordance with the terms of this Agreement. Owlity reserves the right to correct any errors or inaccuracies in invoices, including those that have already been issued or paid.
(c) All amounts paid by the Client to Owlity are final and non-refundable, except where expressly stated otherwise in this Agreement.
Unless stated otherwise, all applicable taxes (including VAT and similar charges) are not included in the listed price of the Subscription Plan and will be charged separately on the invoice, based on the Client’s jurisdiction.
An exception applies to taxes imposed on Owlity’s own income, which remain the responsibility of Owlity.
The Client acknowledges and agrees that Owlity is entitled to use the name and address provided during the subscription process as the place of supply for tax purposes.
18.1 Each Party (the "Receiving Party") undertakes, without limitation in time, not to disclose any Confidential Information received from the other Party (the "Disclosing Party") to any third party, except as expressly permitted by this Agreement.
18.2 Owlity undertakes to use Confidential Information solely for the purpose of providing and maintaining the Services. Owlity shall ensure that its employees, contractors, and any third parties involved in delivering the Services have access to Confidential Information only to the extent necessary for the performance of Owlity's obligations under this Agreement and applicable law.
18.3 For the purposes of this Agreement, "Confidential Information" includes, but is not limited to:
Client Data, including personal data; technical, commercial, business, or operational information; unless such information: a) has been independently developed by Owlity without reference to Client Data;
b) is or becomes publicly known through no breach of this Agreement by the Receiving Party;
c) was lawfully obtained by the Receiving Party from a source other than the Disclosing Party without a duty of confidentiality;
d) was already known to the Receiving Party before disclosure by the Disclosing Party; or
e) is required to be disclosed by law, regulation, court order, or binding regulatory obligation.
18.4 In the case of disclosure under clause 18.3(e), the Receiving Party must, to the extent permitted by law, promptly notify the Disclosing Party of any legally binding request to disclose Confidential Information. The Receiving Party shall not disclose to third parties that the same information was also obtained from the Disclosing Party.
These Legal Terms, along with any policies or operating rules posted by us on the Services or in connection with the Services, constitute the entire agreement and understanding between you and Owlity.
Our failure to exercise or enforce any right or provision of these Legal Terms does not constitute a waiver of that right or provision. These Legal Terms apply to the fullest extent permitted by law.
We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control.
If any provision—or part of a provision—of these Legal Terms is found to be unlawful, void, or unenforceable, that specific part will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
Nothing in these Legal Terms creates a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms will not be construed against us simply because we drafted them.
You also waive any defenses based on the electronic form of these Legal Terms and the absence of physical signatures by the parties.
To resolve a complaint regarding the Services or to request additional information about their use, please contact us at info@owlity.ai.