Please read this Terms of Service (hereby the “TOS”) carefully, as it sets out the terms and conditions upon which we license our software. Oswald Labs or any product, including but not limited to Agastya by Oswald Labs (“the Software”) and the accompanying documentation is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property.
Oswald Labs, legally OswaldAbles Technologies Private Limited, or its subsidiaries, affiliates and suppliers (hereby “Oswald Labs” or “Agastya by Oswald Labs” or “Agastya”) own all intellectual property rights in the Oswld Labs Software, code, plugin, website, widget and servers. Your use of Oswald Labs Software is subject to these rights and to all the terms and conditions of these TOS.
Acceptance
By using the Software, you agree to be bound by the terms and conditions of these TOS. If you do not agree to these TOS, please discontinue now and delete all Oswald Labs code or software from your websites, computer systems and servers.
Before copying or downloading the Software or any code from the Oswald Labs website, you will be asked to give your express TOS to the terms and conditions set forth in these TOS. If you do not agree to these TOS, you must not download, nor use the software or its code for any purpose whatsoever.
Updates & Technology
Oswald Labs reserves the right, at its sole discretion, to change or modify its Software, website, widget, plugin or any code and deploy any changes publicly on your website without prior notice to you. Oswald Labs has no obligation to provide any upgrades, technical information or technical support of any kind.
Restrictions
Restriction to Transfer
You may not assign your rights or obligations under these TOS, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer those rights.
Restriction to Use
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code of Agastya by Oswald Labs, or any other Oswald Labs products, solutions, plugins, widgets, scripts, or services.
Restriction on Alteration
You many not modify the Oswald Labs, Agastya by Oswald Labs, or any other Oswald Labs products, solutions, plugins, widgets, scripts, or services Software or create any derivative work of Oswald Labs, it’s website, widget, plugin, code or any accompanying documentation. You may not alter any files or libraries in any portion of Oswald Labs, Agastya by Oswald Labs, or any other Oswald Labs products, solutions, plugins, widgets, scripts, or services. You may not reproduce the Oswald Labs database or create any copies of Oswald Labs data. You may not copy or reproduce any part of the Oswald Labs Software.
Ownership
Oswald Labs retains all interests, intellectual property, ownership rights and title in the Software and all copies thereof including but not limited to computer code, documents and documentation, copyrights, patents, trademarks, trade secrets, trade names, titles, designs, and methods of operation. The Software is protected by the copyright laws of New Delhi (India), international treaties, conventions and other laws around the world.
No Warranties
Oswald Labs, Agastya by Oswald Labs, or any other Oswald Labs products, solutions, plugins, widgets, scripts, or services do not guaranty WCAG compliance. Agastya interacts with each website, browser and operating system differently and therefore provides no warranty or assurances that the Software will perform as expected on your website.
If you or your users experience any unexpected technical issues, bugs or malfunctions, it is your responsibility to report such issues to yourfriends@oswaldlabs.com, including relevant screenshots, browser versions, OS version and device type. If Oswald Labs Software changes the intended behavior of your website in any way or does not provide accessibility improvements as expected, you may remove any Oswald Labs code from your servers and discontinue using the Software.
Limitation of Liability
Agastya by Oswald Labs does not guaranty WCAG compliance! It is your sole responsibility to ensure your website is accessible and tested for compliance with WCAG 2.0 or other accessibility regulations as required by law. Moreover, you hereby agree to test the Agastya widget and all of its accessibility features on your website locally prior to rolling it out publicly to ensure proper functionality.
By choosing to use the Agastya widget you hereby claim that all of the pages and content on your site have been tested with common browsers and operating systems and with each of Agastya’s accessibility features (contrast changes, text size changes, reading aloud, font changes, etc.) and that all available functionality works properly and as intended.
In no event shall Oswald Labs be liable to you or to any third party claiming through you or on your behalf.
As such, neither Oswald Labs, its directors, officers, employees or agents, nor any Oswald Labs partner, affiliate or solution provider shall in any way be liable to you or your users and you hereby waive any direct or indirect, economic, financial, special, commercial, incidental, exemplary or consequential damages, including without limitation lost profits, citations, loss of business revenue or earnings, lost data, damages caused by bugs, glitches, malfunctions or a failure to realize intended functionality, design or content, arising from or in connection with the use or performance of the Software, even if Oswald Labs or a Oswald Labs affiliate are aware of the possibility of such damages.
You agree to indemnify and hold Oswald Labs harmless from all claims, judgments, liabilities, expenses, or costs arising from any breach of these TOS and/or acts or omissions.
Disclaimer
This software is licensed to you “as is” and Oswald Labs disclaims any and all warranties, express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the extent authorized by law. Without limiting the foregoing, Oswald Labs makes no representations that use of the software will not infringe any copyright, patent or trademark or other rights held by a third party.
Further and without limiting the foregoing, Oswald Labs makes no warranties or representations that the software will meet your requirements or that operation of the software will be uninterrupted, error free or will not harm your computer or mobile device. You assume responsibility for determining whether the software and its results, if any, are appropriate for yourself, your software, your website, your server, your product and your computer or mobile device. You shall bear the entire risk as to the performance, operation and quality of the software.
Agreement Updates
Oswald Labs reserves the right, at its sole discretion, to change or modify or to add or remove portions of the TOS, Terms of Service or Privacy Policy at any time (“Updates”). You will be deemed to have accepted any update by continuing to use the Oswald Labs Software or Services.
Severability
To the extent any section, clause, provision or sentence or part thereof of these TOS is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of these TOS shall be given full force and effect.
Oswald Labs’s failure to assert or enforce any right contained in these TOS shall not constitute a waiver of that right.
Entire Agreement
These TOS constitutes the entire agreement between you and Oswald Labs with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided, however, that these TOS shall coexist with and shall not be superseded by the Terms of Service, Privacy Policy and Cookie Policy. To the extent the TOS conflicts with the provisions of the Terms of Service, the conflicting provisions in the Terms of Service shall govern. To the extent the TOS conflicts with the provisions of the Privacy Policy, the conflicting provisions in the Privacy Policy shall govern.
Governing Law, Jurisdiction
These TOS is governed by the laws of New Delhi, India. All disputes are subject to the jurisdiction of New Delhi, India, only.