Terms of Service
Updated May 26, 2023
Welcome to Owwll! Our mission is to provide a new type of social network and online platform connecting people INSTANTLY through private 1-on-1 audio calls. Whether personal or business, you can build rich RELATIONSHIPS by Calling WHO you want, Charging WHAT you want, and Connecting WHEN you want with Owwll!
These Terms of Service, together with any additional provisions or policies referenced herein, including our Frequently Asked Questions section (collectively, “Agreement”), apply to all websites, mobile applications, platforms, and services, designed, owned, or operated by Owwll LLC (“we,” “us,” “our,” or “Owwl”).
This Agreement is a legally binding contract between you and Owwll (even if you are using our Services on behalf of a company), and it governs our relationship with you as a User of our features, products, and services, including our applications (“Application”) and websites (“Site”) (collectively “Platform”).
Our Platform allows users (like you) to find others or be found for business opportunities and connect with others and have access to their expertise and information. We provide a direct, easy way for people to connect with experts and professionals to build relationships, seek knowledge, ask questions, teach, network, debate, learn, and interact with others (together with the Platform, “Services”).
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES. BY USING OUR SITE AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS:
User Agreement. When you sign up for Services, you must provide accurate and complete information to create, verify, and maintain your account. You may use our Services only if you can enter into a legally binding contract with us in compliance with this Agreement and all applicable laws.
YOU CAN OPT OUT OF SOME NOTIFICATIONS (except those required by law) BY FOLLOWING THE UNSUBSCRIBE INSTRUCTIONS, WHICH YOU MAY LOCATE DIRECTLY WITHIN YOUR ACCOUNT SETTINGS.
3.1. Standard Account User. A person becomes a Standard Account User (“Standard User”) after completing the registration process to create an account within the Platform, which requires choosing a password and providing certain personal information. Standard Users have access to the following Platform benefits at no additional cost:
- Free Tier
- Discovering Experts
- Connecting with Experts via the 1:1 call feature (“1:1 calls”).
3.2. Premium Account User. A person becomes a Premium Account User (“Premium User” or “Expert”) after becoming a Standard User and submitting a 100% completed Account profile for review, which must include details such as (i) a profile picture; (ii) basic information; (iii) chosen areas of expertise; (iv) social networking links; (v) set call rates; (vi) office hours; and (vii) valid credit card. If an Expert account is approved, the Premium User unlocks additional Platform functionality for a monthly Subscription Fee (defined below), including:
- Perks already available to Standard Users
- Ability to receive 1:1 calls
- Ability to monetize 1:1 calls
- Profile visibility and Account search optimization
- Use-it-or-lose-it monthly bonuses
- Ability to set working hours to receive 1:1 calls
3.3. Users Generally. Standard Users and Premium Users may be referred to as “Users” herein. A login is required for all Users to access the Services. Owwll is not obligated to accept individuals as Users and may accept or reject any registration at its sole and complete discretion. Owwll may deactivate any account at any time, including, without limitation, if it determines that a User has violated this Agreement.
ACCESS AND USE OF SERVICES.
4.1. Services. Our Services are available through the Site or the Application (e.g., our Services may be downloaded and installed through your mobile application store) to use in-app communicative features and/or mediums to connect with other Users in real-time.
4.3. Age Limitations. You must be 16 years old to use our Services (“Minimum Age”). If you are required to be older in order to lawfully use our Services without parental consent (including the use of your personal data), then the Minimum Age would be such older age as determined by your place of residency. You are not permitted to use our Services if you are under the age of lawful consent under the laws of your place of residence.
4.4. Access Restrictions. From time to time, we may enable gated access upon registration, in which case we will review the provided information and decide to allow or deny registration. If registration is rejected, you must abide by our decision and remove the Application from your mobile device (or any other device). You can request the decision details and appeal your request by contacting feedback@Owwll.com.
4.5. Member Account, Password, and Security. You are responsible for maintaining the confidentiality of your passcode and account, if any, and are fully responsible for all activities that occur under your passcode or account. You agree to (a) immediately notify us of any unauthorized use of your passcode or account or any other security breach and (b) ensure that you exit from your account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this Section.
4.6. Modification of Services. . We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
4.7. Updates to Services. We may, from time to time, at our sole discretion, develop and release application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (“Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we are not obligated to provide any Updates or to continue providing or enabling any features or functionality to you. Based on your mobile device settings, when your mobile device is connected to the internet either:
- the Application will automatically download and install all available Updates; or
- You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
License Grant. Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the Application and our Services for your personal use (even if you are using our Application and Services on behalf of a company or entity) on one or more mobile devices owned or otherwise controlled by you (each a “Mobile Device”) strictly in accordance with this Agreement.
5.1. License Restrictions. Licensee shall not:
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; nor
- use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
- Reservation of Rights. We and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. You acknowledge and agree that the Application is provided under license and not sold to you. You do not acquire any ownership interest in the Application under this Agreement or any other rights thereto other than to use the Application in accordance with the license granted and subject to all terms, conditions, and restrictions under this Agreement.
- Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, we may use automatic means to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, including personally identifiable information (“PII”) such as contact information that may be provided by you or on your behalf. You also authorize us to disclose all information, including PII, provided to the Application by you to our users (including any Members, Visitors, or other customers) as prompted by and necessary for your use of the Application. We shall not be liable for the accuracy of the information provided to the Application by you, nor shall we be liable for the results or consequences arising from the collection or use by us or its customers of such information. We shall not be liable for our users’ use of your information.
- INTELLECTUAL PROPERTY RIGHTS.
8.1. Our Content. All our software and content in our website, products, and services, including materials such as software, text, graphics, images, sound recordings, audiovisual works, digital assets, designs, symbols, logos, look and feel, derivate works, copyrights, patents, or other intellectual property, is licensed to or owned by us, third parties, or our licensors (“Intellectual Property”). You have no right or license in or to the Intellectual Property. You agree not to use, copy, upload, sell, transfer, assign, license, sublicense, publish, retransmit, modify, reproduce, display, distribute, publicly perform, reverse engineer, or otherwise attempt to discover any source code, create derivates of, or in any way exploit our Intellectual Property and that of others in any way and for any public or commercial purpose without express written consent from an authorized representative of us on every instance. If consent is ever granted, you must retain all copyright and other proprietary notices contained in the original version for each instance. We reserve any rights not expressly granted herein.
8.3. User Content License. You agree to grant Owwll a worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, distribute, publish, perform, transmit, and display any content, including all communications, materials, images, videos, data, questions, comments, suggestions, or the like that you submit to us, whether directly or through the Services (“User Content”), waiving any implied rights you may have. This includes the right for Owwll to use your profile and its content for promotional purposes on other platforms, including but not limited to social media, marketing materials, and other related outlets. By using the platform, you understand that your content may be shared publicly, and you should consider carefully what you choose to share. User Content will be treated as non-confidential and non-proprietary. We may use User Content for any purpose without compensation, accounting, or other liability or obligation to you. You also grant us the right to use your name, likeness, and image to operate, develop, provide, promote, and improve the Owwll platform and develop new services. This license continues even if you stop using our platform. Please remember that you have choices about the information on your profile and the audience who can see your content and activities If you share User Content in a way that infringes others’ Intellectual Property rights or privacy rights, you are breaching this Agreement. You represent and warrant that you have (and will have) all the rights to User Content and will not violate applicable laws. If your account is terminated, we may permanently delete User Content records from our database without obligation to return them to you.
8.4. No editorial control. Owwll does not review or exercise editorial control over User Content and the information on your account. If we are made aware of or know of any unlawful activity or information on the Platform, we may remove or disable access to such information. Owwll shall not be liable to you because it hosts User Content on the Platform. We are not liable in any way for any content or materials of any third parties, including, but not limited to, errors or omissions in User Content or for any loss or damage of any kind incurred because of User Content. You agree that Owwll does not pre-screen User Content. Still, we reserve the right to remove User Content that is available on the Platform at any time and for any reason, with or without notice, and without any liability to you or any third party for any claims, damages, costs, or losses.
8.5. Marks. All trademarks, service marks, and logos within the Intellectual Property are registered or unregistered marks owned by us, our licensors, or third parties (“Marks”) with the same limitations as the Intellectual Property. Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without our prior written permission specific for each such use.
8.6. Copyright Claims. The Digital Millennium Copyright Act (“DMCA”) offers ways for copyright owners to protect their rights upon belief and confirmation of an infringement by acts of third parties. We respect the intellectual property rights of others and attempt to comply with all relevant laws. If you believe your copyrighted work appears on the Platform or Services in a way that constitutes copyright infringement, you may provide notice of your alleged infringement claim to our Agent as required by the DMCA (“Copyright Claim”), including:
- A detailed description of the copyrighted work you believe has been infringed upon.
- A description of the location together with an authorized copy of the original copyrighted work.
- A description detailing where specifically the allegedly infringed material is located.
- A statement in good faith that the copyright owner does not authorize the alleged misuse.
- Sufficient details, such as the complaining party’s address, telephone number, and email address.
- A statement, under penalty of perjury, confirming both the accuracy of the claim and the complaining party is authorized to act by the owner of the allegedly infringed rights.
- An electronic or physical signature of the copyright owner or person authorized to act on behalf of the owner of the allegedly infringed copyright.
8.7. Designated Agent. You may send a Copyright Claim to Corpion Legal Group, P.A. (d/b/a) CORPlaw at firstname.lastname@example.org (“Agent”).
10. CONDITIONS OF USE.
10.1. User Conduct. You are solely responsible for User Content, including, but not limited to, all referral code, videos, images, information, data, text, photographs, or other materials that you upload, post, publish, or display (“Upload”) or email or otherwise use via the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including, without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities.
10.2. Use Limitations. You agree to not use the Services to engage in any conversation or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer/mobile software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of we, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may we or its users to any harm or liability of any type. The following are examples of the kind of content and/or use that is illegal or prohibited by us:
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; or
- violate any applicable local, state, national, or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 16;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not expressly authorized;
- promote or aid in the building of a competitive product or service, copy the Service’s features or user interface, or solicit users or customers from the Service;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
10.3. Commercial Use. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Services are for your personal use.
10.4. No Advice. Your use of the Services or any communications related to the Services does not constitute any type of advice from OWWLL. The Platform, Services, its functionalities, and any associated information should not be interpreted as an endorsement, recommendation, or advice to connect, interact, or engage with any specific Expert, User, or others on the Platform or to make any decisions or take any actions in a legal, financial, medical, or any other professional capacity. All decisions regarding the use of the Services, including the selection and interaction with Experts or Users, are made independently by you based on your personal judgment, situation, and objectives. OWWLL does not provide professional advice, and any information provided through the Services should not be used as a substitute for professional advice. Users are strongly encouraged to seek independent professional advice if needed.
11.1. Registration. Upon successful registration, a User Account (“Account”) is created in the Application for you to manage available funds. The Application allows you to redeem funds for the 1:1 call feature. By agreeing to these terms, you authorize to in-Application transactions that deduct or move funds from your Account. The application maintains the following fund sources within your Account:
- Deposits by external sources (e.g., Credit Card)
- Referral Earnings (Brand Ambassadors & Affiliates only)
- Call Earnings (Premium Users only)
11.2. Transactions. If you agree to pay or seek to pay fees for any User Transaction, you agree that you are responsible for: (i) providing users disclosures required by applicable laws, including without limitation, (ii) ensuring that you have accurately and fairly described and presented the topic or feature you are interested in, and the terms and conditions thereof, and further ensuring that you do not engage in unfair, deceptive, or abusive acts or practices (“UDAAP”); (iii) ensuring that you are not conducting or enabling any activities our Payment Processor (as defined below) has identified as a restricted business or activity in the list made available at https://stripe.com/restricted-businesses (collectively, “Restricted Businesses”); and (iv) determining, paying, and withholding all applicable Taxes (as set forth below). If you agree to pay a fee or payment to another User through the Service, it is your responsibility to obtain that User’s consent in compliance with these Terms of Service, the Stripe Agreements, all applicable laws, and the requirements of any payment network that facilitates the transaction.
11.3. Adding to Deposits. You must have sufficient funds in your Account, including Deposits, to cover User Transactions prior to requesting said. To do that, you need to select and provide information regarding your credit card or other payment instrument that we may accept (“Payment Instrument”) to our Payment Processor (as defined below). We may require you to use a Payment Instrument that is issued by a U.S. financial institution and to make all payments in U.S. dollars, and we or Payment Processor may change the type of Payment Instruments accepted for payment from time to time. You represent and warrant that the information you provide about your Payment Instrument is complete and true and that you are authorized to use the Payment Instrument for each transaction that you request.
By providing us or our Payment Processor with your Payment Instrument information and authorizing a transaction through the Service, you authorize us or our Payment Processor to charge your Payment Instrument for the total amount of the transaction (excluding any Payment Processor fee), and to debit or credit your Payment Instrument as necessary to correct any errors. If the transaction succeeds, it will appear in your Services account (“Account”) for use within the Application for making calls. Should the transaction fail, you may retry the transaction unless prohibited by applicable law. We reserve the right to reject any transaction or your use of any Payment Instrument for any reason not prohibited by law, and Payment Processor nor we will bear any liability for our inability or refusal to process any transaction. If any of the information you provide our Payment Processor or us about your Payment Instrument becomes inaccurate or your Payment Instrument expires, you will promptly update your account information with any changes to your Payment Instrument information (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount specified in the service fee you select per this Agreement.
11.4. Fund Utilization. To the extent the call feature on the Services is made available by a User for any fee, you must have sufficient funds in your Account, including all sources (as mentioned above), to execute the call. The deduction from sources for call services is spread across in the following order:
- Referral Earnings
- Call Earnings
By accepting these terms, you agree that we reserve the right to change or modify the order of fund source utilization.
12.1. Subscription Fee. If you choose to become a Premium User, you agree to pay a subscription fee as set out by us which may be updated from time to time (“Subscription Fee”). Subscription fees are billed monthly and are due on the date we set each month (“Billing Date”). If your subscription begins on a day not contained in each month, we may bill your Payment Instrument on another day as we deem appropriate. For example, if you start your Premium subscription on January 31st, your next payment date will likely be February 28th, and your Payment Instrument would be billed on that date. You are responsible for providing a valid Payment Instrument. If the Payment Instrument fails or if you are past due on amounts owed, we may collect fees owed using other collection mechanisms. This may include charging other Payment Instrument on file with us and/or retaining collection agencies and legal counsel. Your subscription will continue and automatically renew until terminated. To use the Services, you must provide one or more Payment Instruments. You authorize us to charge any Payment Instrument associated with your account in case your primary Payment Instrument is declined or no longer available to us for payment of your subscription fee. We may suspend or terminate your access to Premium User Services if your Subscription Fee is past due. You will be responsible for all costs (including legal fees) for collecting unpaid fees. If you want to change or terminate your Premium User subscription, you may do so through your Account settings. Changes will take effect immediately, and you will not receive a refund or credit for partial months of service. By subscribing, you consent to allow us to charge your chosen Payment Instrument on a pre-pay basis for your subscription, and you accept responsibility for all recurring charges until you cancel your subscription. All prices are inclusive of VAT and other applicable taxes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through the Platform, or such other means as we may deem appropriate from time to time.
12.2. User Transactions: If you are a Premium User, you may charge a reasonable fee for connecting with other Users for a specified duration of a live 1:1 call or otherwise transact with other users on the Application (“User Transaction”).
12.3. Earnings: As a Premium User, any User Transaction can result in earnings which are categorized as:
12.3.1. Call Earning: Earnings made by Premium Users receiving and accepting calls from Users through the Application’s 1:1 call feature.
12.3.2. Referral Earning: Applicable to Brand Ambassadors & Affiliates only. If you receive or seek to receive fees for any User Transaction, you agree that you are responsible for: (i) providing users disclosures required by applicable laws, including without limitation, (ii) ensuring that you have accurately and fairly described and presented the service or feature for which you are seeking fees and the terms and conditions thereof, and further ensuring that you do not engage in unfair, deceptive, or abusive acts or practices (“UDAAP”); (iii) ensuring that you are not conducting or enabling any activities our Payment Processor (as defined below) has identified as a restricted business or activity in the list made available at https://stripe.com/restricted-businesses (collectively, “Restricted Businesses”); and (iv) determining, paying, and withholding all applicable Taxes (as set forth below). If you seek to charge or receive a fee or payment from another User through the Services, it is your responsibility to obtain that User’s authorization to charge their selected Payment Instrument for each transaction, in compliance with these Terms of Service, the Stripe Agreements, all applicable laws, and the requirements of any payment network that facilitates the transaction. You may not impose any fee or surcharge on any User that makes or requests to make a User Transaction.
12.4. Service Charges. As a Premium User, after a completed “User Transaction,” you agree that we reserve the right to charge a service commission of 20% of the User Transaction from your User Transaction earning (“Fee”) and that we have the right to change or update the Fee percentage when deemed appropriate. we shall notify any changes in our Fees through available applicable channels.
12.5. Taxes: You have sole and exclusive responsibility to determine what if any, taxes apply to transactions or the payments you receive in connection with your use of the Services (“Taxes”). You are responsible for assessing, collecting, reporting, or remit the correct Taxes to the proper tax authority in the applicable jurisdiction. We are not obligated to, nor will we, determine whether Taxes apply or calculate, collect, report, or remit any Taxes to any tax authority, arising from any User Transaction. We retain the right, but not the obligation, at our sole discretion, to complete and file tax or related reports with tax authorities regarding transactions in those jurisdictions where we deem such reporting necessary. You indemnify and hold us harmless from and against all liability related to Taxes and filings made by our respect thereof. You agree that we may send you any tax-related information electronically.
12.7. Withdrawals. As a Premium User, you can only request a withdrawal from your earnings. Deposits or bonuses are not eligible for withdrawals. By agreeing to these terms, you acknowledge that Withdrawals are allowed only from the Earning sources as mentioned above in the following order:
- Referral Earnings
- Call Earnings
By accepting these terms, you agree that we reserve the right to change or modify the order of withdrawal source utilization without notice.
Refunds. To start a request for a refund, Users must click the “Report an issue” button under the Account & Payment tab. The request a refund tab will show calls completed for the past 5 days. Only calls within the past 5 days are eligible for a refund. Possible reasons that the call may be refunded:
- The Application malfunctioned during the call, and you couldn’t communicate properly with the Expert.
- The call dropped within the first half of the allotted time of the call (e.g., the first 5 minutes of a 10-minute call).
- The Expert was misleading in their area of expertise.
- The Expert hung up on you by mistake or had to pick up an emergency call.
Non-Refunds. If 80% of a call is completed (for example, 8 minutes of a 10-minute call or 16 minutes of a 20-minute call), a refund will not be issued based solely on a dropped call. Calls made to Experts, not for advice, for example, solicitations, networking, conversations. If we determine that an account is fake or has misleading information provided, Owwll reserves the right to cancel the account and seize all the funds in the account.
Disputing Refunds. You may cancel or discontinue your registration and revoke your authorization for Services payments by notifying us at feedback@Owwll.com.. If approved, we reserve the right to charge any additional fee arising from refund processing. If you dispute any refunds, you must let us know within ten (10) days after the cancellation.
Special Notice for International Use; Export Controls. International Use and Export Controls Notice: The Services, including the Application and any associated data transmissions, are subject to the United States export control laws, including the Export Control Reform Act and related regulations. Downloading or using the Software must not be in violation of these U.S. export laws and is entirely at your own risk. As the Internet is global, you must adhere to all local rules and regulations about online conduct, content, and the use of our Service. The Application must not be exported, re-exported, released, or made accessible, directly or indirectly, to any jurisdiction or country where such action is legally prohibited. Prior to making our Services available outside the U.S., ensure you comply with all applicable federal laws, rules, and regulations, including obtaining any necessary export licenses or governmental approvals.
17. Third-Party Distribution Channels. We offer a mobile application that may be available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions outlined in this Agreement, the following terms and conditions apply:
You acknowledge that this Agreement is concluded between you and us only, and not with Apple Inc. (“Apple”), and that as between Apple and us, we, not Apple, are solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that violates or is inconsistent with the Usage Rules set forth for Apple-Enabled Software in or otherwise conflict with the App Store Terms of Service. Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules outlined in the App Store Terms of Service. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. Apple is not responsible for any product warranties, express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever concerning the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be our sole responsibility, to the extent it cannot be disclaimed under applicable law. You acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Apple and us, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to us as follows: email to feedback@Owwll.com. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement concerning the Apple-Enabled Software and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you concerning the Apple-Enabled Software as a third party beneficiary thereof.
18.1. Term. The term of this Agreement commences when you download the Application or use any of our Services and will continue in effect until terminated by you or us as set forth herein.
18.2. Termination by you. You may terminate this Agreement by deleting the Application together with all copies thereof from your Mobile Device and discontinuing your use of the Services. You may lose access to all data associated with your account if you do. This Agreement will continue to apply to past use. Any rights granted to you will automatically terminate upon account closure.
18.3. Termination by us. We reserve the right to suspend, terminate, or ban your account and access to the app and/or Services at any time and for any reason without prior notice or liability. We may bring legal action against you upon the belief that you (i) breached this or any other agreements with us; (ii) attempted to meddle with the Services, or conducted any similar actions, regardless of their outcome that we consider disruptive; or (iii) attempted to, or actively participated in activities with the purpose to defraud us or others. If you violate any part of the terms, your permission to access and/or use Content and Material and the Services automatically terminates, and you must immediately destroy any copies you have made of Content. If your account is banned or terminated, you may not create another account or access Services without our approval. We reserve the right to change, suspend, or discontinue all or any part of the Services without notice or liability to you.
18.4. Upon termination. All rights granted to you under this Agreement will also terminate, and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of our rights or remedies at law or in equity.
DISCLAIMER OF WARRANTIES.
THE PLATFORM AND SERVICES ARE PROVIDED TO YOU “AS IS, ” “AS AVAILABLE, ” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OWWLL, ALONG WITH ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
OWWLL MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THAT THE APPLICATION, PLATFORM, OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, ENSURE DATA SECURITY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL FEATURES, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WE DO NOT GUARANTEE THAT THE CONTENT OF THE PLATFORM OR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT THE APPLICATION WILL BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES.
IF YOUR USE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OWWLL SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.”
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OWWLL NOR ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, WILL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO PERSONAL REPUTATION, INABILITY TO FIND OR MAINTAIN EMPLOYMENT, OR ANY OTHER DAMAGES RESULTING FROM THE USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF THE SERVICES, INCLUDING UNAUTHORIZED ACCESS, ALTERATIONS OF YOUR DATA, STATEMENTS OR CONDUCT, HUMAN ERRORS, TECHNICAL MALFUNCTIONS, INTERRUPTIONS, DELETIONS, OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, SOFTWARE, LOSS OR DAMAGE TO COMPUTER EQUIPMENT, DEATH OR INJURY, INCORRECT OR STOLEN INFORMATION, LATE, INCORRECT, OR LOST DATA, TYPOGRAPHICAL ERRORS, AND INVESTIGATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
DIRECT DAMAGES ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL NOT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT PAID FOR THE APPLICATION BY YOU OR U.S. $100.00. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR OWWLL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
THE PLATFORM AND SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR SUCH ERRORS AND RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND IMPROVEMENTS WITHOUT NOTICE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU NOW WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “[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.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION WHERE A SIMILAR STATUTE OR COMMON LAW PRINCIPLE APPLIES, YOU WAIVE THE APPLICATION OF SUCH STATUTE OR LAW TO YOUR USE OF OUR SERVICES.
Indemnification. You agree to indemnify, defend, and hold harmless we and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of our Services or your breach of this Agreement, including but not limited to the content you submit or make available, or which is submitted or made available on your behalf, through our Services.
US Government Rights. Our Services constitute ‘commercial computer software’ as defined by 48 C.F.R. §2.101. Therefore, if you represent a U.S. Government agency or are a contractor for such an agency, your rights concerning the Application align with the rights granted to all other end users under our licensing terms. This compliance is in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, applicable to the Department of Defense and its contractors, or (b) 48 C.F.R. §12.212, applicable to all other U.S. Government licensees and contractors.”
23.1. Titles and Headers. All titles and headers herein are for convenience only and have no legal or binding effect.
23.2. Taxes Generally. It is your responsibility to determine what, if any, taxes apply to the funds you send or receive through the Services. You are solely responsible for assessing, collecting, reporting, or remitting the correct tax, if any, to the appropriate tax authorities.
23.3. Governing Law. This Agreement is governed by and construed by the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Broward County. You waive all objections to exercising jurisdiction over you by such courts and to the venue in such courts.
23.4. Governing Language. Any translated versions of the Terms or any other terms or policies from us will be for informational purposes only, and the most up-to-date English version will govern.
23.5. Notifications. By agreeing to the Terms, you are subscribing to newsletters and other marketing or promotional materials and consent to receive periodic notifications from us via email or other forms of communication. You agree to be contacted by us via the Platform, email, United States Postal Services, and telephone—including cell phone and text messaging. Notifications to you are deemed received upon the date and time they were sent. They may cover important announcements about your account, Services, or any additional information about us or as required by law. You may opt out of some notifications, except those required by law, by following the unsubscribe link or instructions in any email we send. Certain communications provided digitally through our Platform cannot be unsubscribed.
23.6. Waiver. Our failure or delay to exercise or enforce any right or any power of this Agreement shall not be considered a waiver of such right. No single or partial exercise of any right or power hereunder shall preclude further exercise of that or any other right. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms and conditions of this Agreement shall govern. Any waiver by us must be in writing and signed by an authorized representative. Otherwise, all rights and provisions shall remain in full effect.
23.7. Severability. If any provision of this Agreement is found illegal or unenforceable, as determined by a court of proper jurisdiction under applicable law, the remaining provisions shall remain valid in full force and effect. We have the right to replace an unenforceable provision with another provision that (i) approximates the intent and economic effect of the original provision and (ii) shall be interpreted most favorably to our benefit. If a court decides that any provision is invalid or unenforceable because it would prevent the exercise of a nonwaivable right from pursuing public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed and may be litigated in court.
23.8. Successors and assigns. These Terms shall be binding and inure to the benefit of and be enforceable by you, us, and our permitted successors and assigns, including personal representatives, heirs, and legatees. We may assign these Terms to you, in whole or in part, without notice. You may not assign or transfer any rights or obligations under these Terms. Our rights or remedies shall not be exclusive of any other, including damages, injunctive relief, attorneys’ fees, and expenses. A person who is not a party to these Terms has no right to enforce any term of these Terms.
23.9. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
23.10. NO CLASS ACTION. YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. ANY PROCEEDINGS TO RESOLVE A DISPUTE WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT OUR PRIOR WRITTEN CONSENT.
23.11. Entire Agreement. This Agreement and any separate privacy disclosure to which this Agreement links constitute the entire agreement between you and us concerning the subject matter hereof and supersede all prior or contemporaneous communications, arrangements, understandings, negotiations, and discussions, whether electronic, oral, or written, between you and us. You may not modify these Terms in any way. We reserve the right to modify the Terms as we deem appropriate.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT REGISTER FOR AN ACCOUNT WITH US, AND DO NOT USE ANY OF OUR SERVICES. YOU UNDERSTAND THAT FAILING TO AGREE TO THESE TERMS MEANS YOU WILL NOT BE ABLE TO USE YOUR ACCOUNT OR ANY SERVICES.
Some of our Services may consist of software downloaded to your computer, phone, tablet, or other devices. You agree that we may automatically modify those Services, and this Agreement will apply to all variations.
BY DOWNLOADING AND/OR USING OUR SERVICES (INCLUDING OUR APPLICATION), YOU ACKNOWLEDGE AND AGREE THAT (A) YOU ARE OVER 16 YEARS OLD; (B) YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (C) YOU ARE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE OUR APPLICATION (OR SERVICES) AND DELETE IT FROM YOUR MOBILE DEVICE IMMEDIATELY.
Offer Reward Terms and Conditions
The Offer. We present you a promotional offer (“Offer”) in which you receive a complimentary $10.00 bonus (“Signup Bonus”) and a match on your initial deposit to your OWWLL account up to $100.00 (“Bonus Match”) (collectively “Offer Reward”) subject to these Terms and Conditions as well as the official user Terms of Service ( collectively, “Terms”).
Offer Period. May 16, 2023, at 12:00 AM EST through September 30, 2023, 11:59 PM EST (“Offer Period”). Owwll LLC (“Owwll”) reserves the right to modify or cancel the Offer at any time, for any reason, as detailed herein and without further notice or warning.
Offer Eligibility. This Offer is valid for individuals who: (a) register for an Owwll account during the Offer Period; (b) have not previously opened an Owwll account; and (c) have never made an initial deposit before the start of the Offer Period (collectively, “Eligible Customers”). Offer is limited to one Offer Reward per individual. Employees or contractors associated with Owwll or its affiliate(s) (including members of their household) are not eligible. Other restrictions may apply. Void where prohibited.
How to qualify for the Offer Reward. Eligible Users may qualify for the Offer in whole or in part in the following ways:
4.1. Signup Bonus. To qualify for a Signup Bonus, an Eligible Customer must successfully register for a new Owwll account during the Offer Period.
4.2. Bonus Match. To qualify for a Bonus Match, an Eligible Customer must successfully register for a new Owwll account during the Offer Period and make an initial deposit within 10 days of account creation. The Net Account Value at the end of the 10 calendar days after the initial funding date (“Qualification Period”) must be the same as the amount initially deposited. Net Account Value means the total deposits (including any funds redeemed within the app) minus withdrawals from your account. Upon settling of funds after the Qualification Period, Eligible Customers will receive a Bonus Match on their Net Account Value amount of up to $100.00.
Any Owwll accounts must be opened within the Owwll app, available on IOS and Android. All Offer Rewards awards will be deposited directly to your account within 10 calendar days after qualifying (“Award”).
Use Guidelines. The Signup Bonus and Bonus Match must be exclusively used for Owwll voice calls and are not eligible for withdrawal from your account. The Signup Bonus and Bonus Match expires 30 days from the Award date. The Signup Bonus and Bonus Match cannot be used to upgrade to a premium account.
ACH Transfers. If you fund your account with an ACH transfer, ensure your bank account contains sufficient funds to cover the transaction. OWWLL is not responsible for charges from insufficient funds and may cancel Offer Rewards if ACH transfers are reversed.
Not Advice. Receipt of the Offer Reward or any communications related to this Offer does not constitute any type of official advice (legal, accounting, etc.) from OWWLL. The Offer Reward and any associated information should not be interpreted as an endorsement or recommendation to connect or interact with any expert or user in particular or make any other financial decisions within the OWWLL platform. All decisions regarding the utilization of the Offer Reward, including any in-app purchases or other platform use, are made independently by you based on your personal situation and objectives. Users are encouraged to seek independent advice if needed.
Taxes. Before enrolling, you are encouraged to consult with a tax professional about the appropriate tax treatment for this Offer and any tax implications associated with receiving an Offer Reward. The cumulative value of all offers received may be reported as Other Income on Form 1099-MISC. All federal, state, and local taxes, if any, related to an Offer Reward are your responsibility. Owwll is not responsible for any taxes associated with this Offer.
Release. BY PARTICIPATING IN THE OFFER, YOU RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS OWWLL AND ITS OWNER(S), AFFILIATE(S), AND/OR SUBSIDIARIES, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, LICENSEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (“Released Parties”) FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY OFFER REWARD OR PARTICIPATION IN THE OFFER.
You agree that the Released Parties are not responsible for any technical or technological issue; any technical, mechanical, printing or typographical, or other error; or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Offer.
Limitations. Owwll reserves the right to modify these Terms or terminate the Offer without notice. Other terms and conditions, or eligibility criteria, may apply. By accepting the Offer, Owwll assumes that you comply with your jurisdiction’s laws or institution’s internal policies.
Owwll reserves the right to either decline to grant the Offer or deny requests to enroll in the Offer in its sole discretion, including for, but not limited to: (i) failure to meet the requirements and qualifications of the Offer; (ii) actual or suspected fraudulent activity; (iii) attempting to undermine the legitimate operation of the Offer via cheating, hacking, deception, or other unfair or improper conduct (including, without limitation, the creation of multiple accounts and/or inducing referrals by the payment of compensation); or, (iv) any violation of these and any other terms and conditions from Owwll.
If, for any reason, the Offer is not able to run as planned, including, but not limited to, because of tampering, unauthorized intervention, disputes, fraud, or any other cause beyond the control of Owwll, which, in the sole opinion of Owwll, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Offer, then Owwll reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Offer. The Offer is limited to no more than one account enrolled per customer.
The Offer is not transferable or saleable and is available to U.S. residents only. This Offer is valid alongside other promotions offered by Owwll.
No Offer Reward substitution, cash redemption, assignment, or transfer permitted, except by Owwll, who reserves the right in its sole discretion to substitute an Offer Reward.