Terms of Use

BETA NOTICE: This is BETA version of the software and hardware product and may have technical bugs and performance issues. It is intended for qualified beta testers and users using it without contacting the company are doing it at their own risk. 

This is an agreement between you and Oya Labs Ltd. (with its affiliates, "Oya Labs" or "we"). Before using Oto, please read these Oto Terms of Use (“Agreement”). By using Oto, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use Oto.

For the purpose of these Oto Terms of Use:

"Oto" or “Oto” means Oya Lab’s baby learning monitor, which includes the Oto Pod, Third Party Services, digital content, Software, the Oto App, and support and other related services.

"Oto App" means the app or website provided by Oya Labs that provides access to Oto’s data analysis, Oto’s settings, Oto- generated content, and other information.

"Oto Pod" means a hardware device that uses proprietary Natural Language Processing algorithm to analyse the recording data provided by the user and communicates with the Oto software.  

“Oto recordings” mean all information related to your use of Oto app and Oto Pod, including your voice and other inputs, data provided to you through Oto, information we receive in connection with Third Party Services.

"Software" means all software that we make available to you for use in connection with Oto.

"Third Party Service" means any service or application provided by a third party that we make available to you for use on or through “Oto”.

1. Oto

1.1. Oto App, Oto Pod and internet connection are required to access and use Oto. Some Oto services may not be available in all areas and may require separate subscriptions.

1.2 Use of the Software. You may use the Software only on or through the Oto app and Oto Pod and you may only make personal and non-commercial use of Oto.

1.3 Oto recordings. You control Oto with the software. Oto uploads audio to the cloud when you interact with Oto Pod or App. Oya Labs processes and retains your Oto recordings, such as your voice inputs in the cloud to provide and improve our services. Contact us at hello@oyalabs.com to learn more about these services including how to delete voice recordings associated with your account.

1.4 Voice profiles. Oto enables the creation of voice profiles so that Oto can recognize you and other users of your Oto Pod and Oto App. When you create a voice profile, Oto uses recordings of your voice to create an acoustic profile of your voice characteristics. This allows Oto to call you by name and personalize your experience.

2. Third Party Services; Third Party Products.

2.1 Third Party Services. If you use a Third Party Service, we may exchange related information with that service, such as your ZIP code when you ask for the weather, your custom music stations, information about your Auxiliary Products, or the content of your requests. Your use of any Third Party Service is subject to this Agreement and any third party terms applicable to such Third Party Service. Certain of these third party terms will be found in the Terms and Agreements on Oya Labs website as they are added and may be updated from time to time. If you do not accept the third party terms applicable to a Third Party Service, do not use that Third Party Service. When using a Third Party Service, you are responsible for any information you provide to the third party. Amazon has no responsibility or liability for Third Party Services. Publishers of Third Party Services may change or discontinue the functionality or features of their Third Party Service.

2.2 Third Party Products. Oto Pod and Auxiliary Products include third party products that Oya Labs does not manufacture or develop. Oya Labs may automatically update the firmware for certain Auxiliary Products on behalf of the applicable manufacturer. Oya Labs has no responsibility or liability for such third party products or manufacturer-provided firmware.

3. General

3.1 Information. The Software will provide Oto App with information about your use of Oto, your Oto recordings, and your Oto Enabled Products and Auxiliary Products (such as device type, name, features, status, network connectivity, and location). This information may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Oya Labs Privacy Policy.

3.2 Functionality; Content. We do not guarantee that Oto or its functionality or content (including tips, ideas, or events) is always accurate, reliable, available, or complete. You may encounter content through Oto that you find inaccurate, outdated, or objectionable. Oya Labs will only have responsibility or liability for content generated in-house and cannot be held responsible for content provided by Third Parties. This is not to say that Oya Labs will not constantly monitor the quality of the content on the platform and allow the users to report inappropriate content.

3.3 Changes to Oto; Amendments. We may change, suspend, or discontinue Oto, or any part of it, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Oyalabs.com website. Your continued use of Oto after the effective date of the revised Agreement constitutes your acceptance of the terms.

3.4 Geographic Restrictions. You may access and use Oto in any location where Amazon AWS services are accessible through the Internet connection.

3.5 Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, Oya Labs may immediately revoke your access to Oto without refund of any fees. Oya Labs’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

3.6 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or Alexa is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability, and all other terms in the Terms of Use. By using Oto, you agree to be bound by those terms.

3.7 Lawful Use. The Software and Hardware is solely for lawful purposes and use. By entering the Beta testing group, users automatically comply with a Non-Disclosure agreement with Oyalabs and agree not to share sensitive information about the product with the public before the product is launched. 

3.8 Confidentiality. User acknowledges that, in the course of using the Products and performing its duties under this Agreement, it may obtain information relating to the Products and to Oyalabs which is of a confidential and proprietary nature. Such Proprietary Information may include, but is not limited to, trade secrets, know how, invention techniques, processes, programs, schematics, software source documents, data, Customer lists, financial information, and sales marketing plans or information which User knows or has reason to know is confidential, proprietary or trade secret information of Oyalabs. User shall at all times, both during the Beta testing and following use after the Product’s launch, keep in trust and in confidence all such Proprietary Information, and shall not use such Proprietary Information other than as expressly authorised by Oyalabs under this Agreement, nor shall User disclose any such Proprietary Information to third parties without Oyalabs written consent. User further agrees to immediately return to Oyalabs all Proprietary Information (including copies thereof) in User’s possession, custody, or control upon termination of this Agreement at any time and for any reason. The obligations of confidentiality shall not apply to information which (i) has entered the public domain except where such entry is the result of Users breach of this Agreement; (ii) prior to disclosure hereunder was already in User’s possession; or (iii) subsequent to disclosure hereunder is obtained by User on a non-confidential basis from a third party who has the right to disclose such information to the User. 

3.9 Disclaimer of Warranties and Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the Oyalabs.com Terms of Use, and unless otherwise required by applicable law, in no event will our or our licensors' or our service providers' aggregate liability with respect to any claim arising from or relating to this Agreement or your use of Oto exceed fifty dollars ($50).

3.10 Contact Information. For help with Oto or resolving other issues, please contact Customer Service by e-mail: hello@oyalabs.com

4. Disclaimers and Limitation of Liability 

4.1 Use Limitations. You acknowledge that the Software and Hardware are subject to the electricity and telecommunications infrastructures of the Internet and the operation of your Internet connection services, all of which are beyond Oyalab's control. The Software and Hardware might under-perform in low-connectivity areas and under high physical stress. 

4.2 Beta version - No Warranty – “AS IS” Product

If this is a beta or test version, licensee acknowledges that software is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. Software and Hardware may not operate correctly and may be substantially modified prior to first commercial shipment or withdrawn. Software and Hardware is provided “AS IS” without any warranty of any kind.

4.3 Ownership. Oyalabs retains ownership of all intellectual property rights in and to the Software and Hardware, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the Software and Hardware are limited to those expressly granted by this document. No other rights with respect to the Software or Hardware or any related intellectual property rights are granted or implied. 

Last Updated: May 9th 2018