Terms & Conditions
Following are the Terms and Conditions (“Terms”) of Oury, LLC (“we,” “us,” or “our”). These Terms apply to all of our websites and mobile applications, as well as related online and offline services including our social media, (collectively, our “Services”). These Terms apply to all Users (“User”, “you”, or “your”) of our Services.
1. Acceptance
The Services are offered subject to acceptance without modification of all of the terms and conditions contained herein, which Terms also incorporate the Privacy Policy available at https://www.oury.app/privacy-policy, and any other agreements between us. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use or access the Services.
The Terms expressly supersede any prior Terms between you and us or any of our affiliates or predecessors.
2. Description and Use of the Services
The Services represent a private mobile application enabling registered Users to upload, store, organize, and privately share personal content (“User Content”) with other registered Users a given User designates (“Invited Viewers”).
The Service is intended for private, personal use and is not intended to be a public social networking platform. All User Content is private by default and visible only to Invited Viewers designated by the User. Invited Viewers may view other Users’ Content solely within the Service and may not upload, modify, copy, download, or otherwise interact with such Content. A User may revoke individual Invited Viewer access at any time.
The Services are only available to individuals at least 13 years of age. By registering, the User represents and warrants that they meet this requirement and that all registration information is accurate.
If any User is under the age of 18, then each such User’s use of the Services must be authorized, in writing, by a parent or legal guardian. Absent such written authorization(s), use the Services by those under 18 is prohibited.
The Services may send push notifications relating to account activity. Users may disable notifications through device settings.
3. Account Security
To access our Services, you will be required to register and create an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or login form, and you are responsible for keeping such information up to date (this includes your contact information, so that we can reliably contact you). You are responsible for all activity occurring when the Services are accessed through your account, whether by you or any other party. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
You shall never use another User’s account without such other User’s express permission. You will immediately notify us, in writing, of any unauthorized use of your account, or other account related security breach of which you are aware.
We use industry-standard security measures to protect User data. However, no method of transmission or storage is fully secure. Users hereby acknowledge this risk.
4. Limitations on the Use of our Services
You expressly agree not to:
Use the Services for any purpose that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane; or which otherwise infringes upon the rights of any other party, including us;
Upload or share Content that:
Contains sexually explicit material or pornography
Contains child sexual content (zero tolerance)
Depicts graphic violence
Promotes hate speech, threats, or harassment
Is illegal or violates any law
Contains malware, viruses, or harmful code
Violates the intellectual property rights of others;
Circumvent, reverse engineer, hack, or attempt to hack the Services or our systems or to gain unauthorized access to any areas of the Services or networks connected to the Services that are not intended for access by you;
Collect information from the Services using any automated tool, or manually on a mass basis;
Take any action that imposes an unreasonable load on our system;
Attempt to bypass the Services to avoid complying with these Terms and our other policies.
Include third-party promotional text or endorsements in materials you upload;
Engage in unauthorized or unsolicited advertising.
We reserve the right to suspend and/or terminate any User that violates these rules.
5. Protection of our Intellectual Property
We hereby retain all rights and interest in all intellectual property related to our Services, including, but in no way limited to, logos, trade names, website design, application design, and computer code.
You shall not utilize our trade names or any similar names in any manner that would diminish their value or harm our reputation.
6. User Content
The Services offer Users the opportunity to submit or post information to the Services, and to share information with other Users (“User Content”).
By posting User Content, you expressly represent and warrant that: (i) you are the owner, with all rights to any and all User Content; or (ii) you are the legitimate grantee of a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, license to use, distribute, reproduce, and distribute your User Content.
You further represent that all User Content is correct and current and that it does not contain any personal or private information that you or anyone else does not wish to be made public or to be displayed in accordance with the applicable settings that you indicate, or that contains another person's personal information or otherwise invades another's privacy.
You further agree not to submit User Content or take any action that violates any law or infringes upon the rights of any other party, or creates any liability for us.
You further agree not to submit User Content which advertises products or services of third-parties or contains links to third-party web sites or solicits business for products or services.
We reserve the right, but do not have the obligation to monitor, remove, or restrict any User Content for any reason, including, without limitation, that your User Content is in violation of these Terms or is otherwise inappropriate, as determined in our sole discretion.
Users are solely responsible for their User Content. We do not control the User Content. We are not a publisher of any User Content and we are not responsible for its accuracy or legality. You assume legal responsibility for, and hereby agree to indemnify us from all liabilities, losses, or damages incurred as a result of any of your User Content.
You agree that any action or inaction by us or any of our directors, officers, shareholders, parents, subsidiaries, employees, consultants, affiliates, partners, agents or representatives to prevent or regulate User Content is undertaken voluntarily and in good faith.
7. License Granted by You to Us
By submitting User Content, you represent and warrant that you have the right to grant to us, and hereby do grant us, an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, store, perform, display, reformat, translate, excerpt (in whole or in part), and distribute such User Content in any format in connection with our Services.
We will not sell, publicly display, or commercially use User Content without explicit consent.
We welcome any comments regarding the Services. Any ideas, suggestions, comments or proposals you send to us are entirely voluntary and we will be free to use them as we see fit and without any obligation or compensation to you.
8. Use of Tools and Changes to Services
The Services offers Tools to Users, some of which are provided by third parties, including: Apple App Store; Google Play; Firebase; Railway; and RevenueCat. Those third party services have their own terms and conditions, and your use of the Services requires acceptance of all such third-party terms.
We are not responsible for the availability, suitability, or effectiveness of any Tools.
We reserve the right to modify or discontinue any Tools or other services or features provided on the Services at any time without warning. You agree that we may make such changes and reverse or modify them at any time, without notice.
We may impose or adjust reasonable limits on User Content types, storage capacity, upload volume, or other usage parameters necessary for optimal operation of the Services.
Currently, the Services do not offer: data export; timeline export; or printing or physical product features.
We are not responsible for any data you may lose as a result of a change to, or malfunction of our Services, or for any other reason, or any consequential damages resulting from such data loss. You should always maintain a current, local back-up copy of all of your User Content.
We reserve the right to modify, add, or remove portions of these Terms at any time, and your continued use of the Services after such change(s) represents agreement to such change(s). We will use our best efforts to notify you via email or within the app when any changes have occurred. It is your responsibility to check the Terms periodically because any changes will be binding on you.
9. Subscription, Free Trial, and Payment Terms
a) Free Trial
A 7-day free trial may be offered to new subscribers. Subscriptions begin automatically at the end of the trial unless canceled beforehand.
b) Subscription Plan Pricing
Monthly: $12
Annual: $120
Founding Member (Annual): $89
Subscriptions automatically renew unless canceled through the applicable app marketplace. No refunds for partial billing periods except where required by law.
We may modify pricing with prior notice to Users.
For our Services which are fee-based, payments for the Services may be processed through a third-party payment processor (either Apple App Store or Google Play Store). If applicable, you may be provided a notice when entering your payment information directing you to such payment processor’s terms of use and privacy policy. All payments are governed by the payment processor’s terms of use and privacy policy. We do not collect or store payment credentials.
We may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in our sole discretion. You agree that we may test, implement, remove or modify features on the Services at any time without notice. If you disagree with any change in Services, your sole remedy is to discontinue your account and request a pro-rata refund from the date of such cancellation.
By providing payment information, you irrevocably and expressly authorize us to debit or credit, as applicable, any monies owed to you or us to the account that you have identified. You agree that it is your responsibility to maintain a valid, non-expired credit card or other payment source on file with our payment processor while engaging in fee-based activities on our Services. You agree that if you fail to do so, you may be subject to interest and penalties as enumerated below, and we may suspend or terminate your access to the Services upon any payment default.
We reserve our rights to all remedies in connection with any monies owed to us. You will indemnify, defend, and hold us harmless for any claims, demands or causes of actions that we take toward any account identified by you.
You are responsible for paying all applicable fees as set forth in any agreement entered into through the Services in a timely manner with a valid payment method. All fees and charges are nonrefundable, and are quoted in U.S. Dollars.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous refund or reimbursement.
10. Disclaimers of Warranties
YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT).
WE MAKE NO PROMISES THAT: THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME; THE SERVICES WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS; THE INFORMATION ON THE SERVICES WILL BE ACCURATE OR UP TO DATE; THE SERVICES OR THE INFORMATION TRANSMITTED TO OR FROM THEM OR STORED ON THEM WILL BE SECURE FROM UNAUTHORIZED ACCESS; INFORMATION AND CONTENT THAT YOU STORE IN YOUR ACCOUNT OR ON THE SERVICES WILL REMAIN RETRIEVABLE AND UNCORRUPTED; OR; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
11. Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND/OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT OR INDIRECT DAMAGES, LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT IN NO WAY LIMITED TO DATA LOSS OR UNAUTHORIZED ACCESS. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are a California resident, you agree to waive California Civil Code §1542, which states that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
12. Indemnity
You agree to indemnify, defend, and hold us as well as our directors, employees, agents, partners, suppliers, and/or content providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising in any manner in whole or in part out of your use of the Services, including, but in no way limited to third party claims of infringement and violations of these Terms.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. These indemnification, defense, and hold harmless provisions will survive the termination of your use of the Services.
13. Deletion, Suspension, or Termination
Users may delete their accounts at any time. Upon deletion, User Content will be permanently removed following a reasonable processing period approximately 30 days).
We reserve the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of the Services, and to remove and discard any content or materials you have submitted to the Services, at any time when we have a good faith belief that you have violated these Terms or any other agreement with us.
If we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. In the event we suspend or terminate your account or the Terms, you agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account or for anything else, unless applicable terms provide otherwise.
14. Dispute Resolution and Arbitration; Governing Law
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH MANDATORY ARBITRATION WITH A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. THE ARBITRATION PROVISION IS SET FORTH BELOW IN SUBSECTION (a) (“ARBITRATION TERMS”). YOU MAY REJECT THE ARBITRATION TERMS PROVISION BY SENDING US WRITTEN NOTICE TO THE ARBITRATION NOTICE ADDRESS PROVIDED BELOW WITHIN 30 DAYS AFTER YOU BEGIN RECEIVING THE SERVICES. YOUR REJECTION NOTICE MUST STATE THAT YOU REJECT THE ARBITRATION TERMS PROVISION AND INCLUDE YOUR NAME, ADDRESS, ACCOUNT NUMBER, AND PERSONAL SIGNATURE.
Arbitration Terms. You agree that any dispute or claim arising out of or relating in any way to the Services or this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory), will be resolved by binding arbitration. This means that the arbitrator, and not any court, shall have exclusive authority to resolve any dispute or claim arising under or relating to (among other subjects) the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any dispute or claim that all of this Agreement, or any part of this Agreement other than this arbitration, provision, is void, voidable, lacking in consideration, illusory, invalid, unconscionable, or for any reason unenforceable. The sole exceptions to arbitration are that either party may pursue claims: (1) in small claims court that are within the scope of its jurisdiction, provided the matter remains in such court and advances only individual (non-class, non-representative, non-consolidated) claims; and (2) in court if they relate solely to the collection of any debts you owe to us. This section shall survive the termination of this Agreement to the greatest extent allowed by law.
Arbitration Procedures. Before commencing arbitration you must first present any claim or dispute to us in writing to allow us the opportunity to resolve the dispute. If the claim or dispute is not resolved within 60 days, you may request arbitration. The arbitration shall be conducted by the American Arbitration Association ("AAA"). The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, shall govern the arbitration of the dispute. Oregon state law, without regard to choice of law principles, shall otherwise govern and apply to any and all claims or disputes. All face-to-face proceedings shall be conducted at a location which is reasonably convenient to both you and us. Arbitration is final and binding. Any arbitration shall be confidential, and neither you nor us may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The arbitrator may award any relief or damages that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides. Judgment on any arbitration award may be entered in any court having jurisdiction.
Costs of Arbitration. The party requesting arbitration must pay the applicable AAA filing fee. Each party shall pay its own expenses of the arbitration, including the expense of its own counsel, witnesses, and presentation of evidence at the arbitration. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorneys' fees.
Changes. Notwithstanding any provision in this Agreement to the contrary, if we make any future change to this Arbitration Terms provision during the period of time that you are using the Services, we agree to send you the required written notice via email of any such change. You may reject any such change by sending us a responsive written notice within 30 days. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. No such future changes, however, that are made to this provision after either party has submitted a written notice of dispute shall be effective as to your and our pending dispute and/or arbitration.
Waiver of Jury and Class Action. By this Agreement, both you and us are waiving rights to litigate claims or disputes in court (except small claims court as set forth in subsection (a) above). Both you and us also waive the right to a jury trial on your respective claims, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.
15. Procedure for Reporting Infringement
If you believe that material or content residing on, or accessible through, the Services infringes an intellectual property right that you own or control, you may request removal of those materials by submitting written notification to us.
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) your written notice must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work that has been allegedly infringed;
Identification of the work(s) and/or material(s) that are claimed to be infringing, including information regarding the location of the infringing materials that the intellectual property owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
If claiming copyright infringement, the statement "I swear under penalty of perjury that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
Your physical or electronic signature.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
Completed notices should be sent by email to: support@oury.app.
If you fail to comply with all DMCA requirements, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Services was removed or access thereto was disabled by mistake or misidentification, you may file a counter-notification with us by submitting written notification. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your name, address, telephone number, and, if available, e-mail address.
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which we are located, and that you will accept service of process from the person who provided notification of the alleged infringement.
Counter-notices should be sent by email to: support@oury.app.
The DMCA allows us to restore the removed content if the party filing the original Notice does not file a court action against you within ten (10) business days of receiving the copy of your counter-notice. If you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
16. Third-Party Websites
The Services may link to other websites or resources on the Internet, and other websites or resources may contain links to the Services. When you access third-party websites, you do so at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by or association with us. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.
17. General
If any term or provision of this Agreement is held invalid, illegal or unenforceable, such term or provision will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms and provisions will remain in effect. Neither party’s failure to insist upon strict performance of any provision of this Agreement will be construed as a waiver of any of its rights hereunder. All terms and provisions of this Agreement that should, by their nature, survive the termination of this Agreement will so survive. We will not be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a force majeure event. This Agreement, together with the other agreements and policies and posted information referenced herein, constitutes the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written agreements or understandings relating to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms by its express terms. In the event of any inconsistency between this Agreement and any other documents exchanged between you and us related to the Services, the provisions of this Agreement will control.
You agree that regardless of any contrary law, any claim or cause of action that you may have arising out of or related to the use of the Services, or these Terms, must be filed by you within one (1) year after such claim or cause of action accrued or be permanently barred.
The section headings used herein are for convenience only and shall not be given any legal significance.
You hereby agree that your use of the Services does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship with us.
You consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.