OAT.dev Terms of Service

Last Update Date: January 27, 2025

These Terms of Service (“AGREEMENT”) are a legal agreement between You and/or the company You represent (collectively, “You” or “Your”), and any of Your affiliates and OAT, Inc., a Delaware corporation d/b/a “OAT.dev” (“OAT,” “us,” “we” or “our”). This Agreement governs Your access or use of our services. You accept this Agreement by accessing or using our services in any manner. If You do not accept any term under this Agreement You should not indicate acceptance and may not access or use the services.

A. Definitions

The “Service” refers to the applications, software, products, and services provided by OAT.

The “Website” refers to OAT's website located at oat.dev, and all content, services, and products provided by OAT at or through the Website. It also refers to OAT-owned subdomains of oat.dev such as docs.oat.dev

“User” refers to the individual who has visited or is using the Website or Service on Your behalf; that accesses or uses any part of the account on Your behalf; or that directs the use of the account in the performance of their functions on Your behalf. A User must be at least 18 years of age.

“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services.

“User-Generated Content” or “Customer Data”is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that You create or own.

B. Acceptable Use

Short version: While using the Service, You must follow this Acceptable Use Policy, which includes some restrictions on Content You can post, conduct on the Service, and other limitations. In short, be excellent to each other.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in Your jurisdiction. You are responsible for making sure that Your and Your Users' use of the Service in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that under no circumstances will You or Your Users upload, post, host, or transmit any Content that:

• is unlawful or promotes unlawful activities;
• contains personally sensitive information;
• is or contains sexually obscene content;
• is libelous, defamatory, or fraudulent;
• is discriminatory or abusive toward any individual or group;
• contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system);
• infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

If any User Generated Content could be subject to restrictive governmental regulation or may require security measures beyond those specified by us for the OAT Services, You will not input, provide, or allow such Customer Data onto the Cloud Services. Your Customer Data shall not include protected health information. You represent and warrant that Your use of the Cloud Services complies with all applicable laws and regulations, including without limitation any applicable data privacy protection laws. By using the Cloud Services, You accept responsibility for Your use of the services, and acknowledge that it meets Your requirements and processing instructions to enable compliance with applicable laws.

3. Conduct Restrictions

While using OAT, You agree that under no circumstances, will You or Your Users:

• Harass, abuse, threaten, or incite violence towards any individual or group, including OAT employees, officers, and agents, or other OAT Users;
• Attempt to disrupt or tamper with OAT's servers in ways that could harm our Website or Service, to place undue burden on OAT's servers through automated means, or to access OAT's Service in ways that exceed Your authorization;
• Impersonate any person or entity, including any of our employees or representatives, including through false association with OAT, or by fraudulently misrepresenting Your identity or site's purpose; or
• Violate the privacy of any third party, such as by posting another person's personal information without consent.

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without OAT's express written permission.

5. Privacy

Misuse of OAT Users' Personal Information is prohibited. Any person, entity, or service collecting data from OAT must comply with the OAT Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the OAT Privacy Statement). If You collect any OAT User's Personal Information from OAT, You agree that You will only use the Personal Information You gather for the purpose for which our User has authorized it. You agree that You will reasonably secure any Personal Information You have gathered from OAT.

6. Fair Use

We will use commercially reasonable efforts to provide You with sufficient resources that we determine are typical for your level of Service. We reserve the right to shut down or limit any activities that are creating an unreasonable burden on our Services, infrastructure and/or business operations.

7. Other Terms

• The Services may only be used for lawful purposes.
• You shall not attempt to undermine the security or integrity of computing systems or networks of OAT, its partners, or any other person, and must not attempt to gain unauthorized access.
• You must not introduce software or automated agents or scripts into OAT's website in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data from OAT's website.
• You must not access OAT's website through automated methods, including any use of robots or other computer code which calls OAT's website.
• You shall not send unsolicited messages or use the Services to send unsolicited messages (also known as junk mail or SPAM).
• You shall not use the Services as a remote storage server or for the primary purpose of providing downloadable content.
• You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in OAT's Website (which includes its software and documentation) to a third-party, through framing or any other method.

C. Personal Data Processing

See our Privacy Policy for more information on how we process Personal Data.

D. Intellectual Property Notice

1. OAT's Rights to Content

OAT and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to You under this Agreement or by law. The look and feel of the Website and Service is copyright protected. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts related to the Website or Services without express written permission from OAT.

2. License to OAT Policies

This Agreement is adapted from GitHub's site policies and is licensed under this Creative Commons Zero license (https://creativecommons.org/publicdomain/zero/1.0/).

E. Communication with OAT

1. Electronic Communication Required

For contractual purposes, You consent to receive communications from us in an electronic form via the email address You have submitted or via the Service.

2. Legal Notice to OAT Must Be in Writing

Legal notice to OAT must be in writing and sent to support@oat.dev.

F. Disclaimer Warranties

OAT provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. OAT does not warrant that the Service will meet Your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from Your use of the Services and Website.

G. Limitation of Liability

To the maximum extent permitted by applicable law, each party's total cumulative liability to the other party or any third party under this Agreement from all causes of action and all theories of liability will be limited to and will not exceed the fees You've actually paid us during the 24 months preceding the claim giving rise to such liability.

You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from your use of the Services and/or Website.

H. Release and Indemnification

You agree to hold harmless, defend and indemnify OAT, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “OAT and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms or Acceptable Use Policy, (b) your use of OAT Products, (c) your violation of applicable laws, rules or regulations in connection with OAT Products, or (d) your Projects or other Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, OAT will provide you with written notice of such claim, suit, or action. You cannot and do not have authorization to settle any claims, suits, or actions with regard to OAT without OAT's prior written consent.

I. Changes to These Terms and Modifications to Services

We reserve the right, at our sole discretion, to amend this Agreement at any time and will update this Agreement in the event of any such amendments.

If we modify this Agreement we will indicate the last update date at the top of this Agreement.

By continuing to access or use the Services and/or the Website after we have posted a modification on the Website or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Agreement. IF THE MODIFIED AGREEMENT IS NOT ACCEPTABLE TO YOU, THEN PLEASE CEASE USING THE SERVICES AND THE WEBSITE IMMEDIATELY.