Terms of Service.
These Terms of Service (“Terms”) govern your access to and use of the websites operated by Ohanafy, Inc. (“Ohanafy,” “we,” “us,” or “our”), including ohanafy.com and any subdomains, pages, or services we make available through those websites (collectively, the “Site”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
If you have a separate written agreement with Ohanafy covering your use of our products and services (such as a Master Services Agreement, Subscription Agreement, or Order Form), that agreement governs your use of those products and services. These Terms apply only to your use of the public Site.
1. Eligibility
You must be at least 18 years old to use the Site. If you use the Site on behalf of a company or other organization, you represent that you have the authority to bind that organization to these Terms, and references to “you” include that organization.
2. License to use the Site
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal business or personal informational purposes, subject to these Terms.
This license does not include the right to:
- Resell, rent, lease, sublicense, or otherwise commercially exploit the Site or its content
- Reproduce, duplicate, or scrape any part of the Site, except as expressly permitted by these Terms
- Modify, translate, reverse engineer, decompile, or create derivative works from the Site
- Remove or alter any copyright, trademark, or other proprietary notice
- Use the Site in any manner that could damage, disable, overburden, or impair our servers or networks
- Use automated tools, including scripts, bots, scrapers, or crawlers, to access the Site, except for public-facing search engines accessing the Site for indexing purposes
- Use the Site to develop a competing product or service, or to benchmark our offerings for a competitor
3. Acceptable use
You agree not to use the Site to:
- Violate any applicable law or regulation
- Infringe the intellectual property, privacy, or other rights of any third party
- Transmit any content that is unlawful, harmful, defamatory, harassing, fraudulent, or otherwise objectionable
- Upload or transmit any virus, malware, or other malicious code
- Attempt to gain unauthorized access to any part of the Site, our systems, or any related networks
- Interfere with or disrupt the operation of the Site
- Impersonate any person or misrepresent your affiliation with any person or organization
- Collect or harvest personal information from other users without their consent
- Use the Site for any purpose that is not expressly authorized by these Terms
We reserve the right to investigate suspected violations and to suspend or terminate your access to the Site at our discretion.
4. Intellectual property
The Site and all of its content, including text, graphics, logos, images, videos, software, product mockups, brand elements, and the overall look and feel, are owned by Ohanafy or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
“Ohanafy” and the Ohanafy logo are trademarks of Ohanafy, Inc. All other trademarks, service marks, and trade names referenced on the Site are the property of their respective owners. Nothing in these Terms grants you any right to use any Ohanafy trademark, logo, or trade name without our prior written consent.
You may view, download, and print content from the Site for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. Any other use requires our prior written permission.
5. Feedback
If you submit ideas, suggestions, or feedback about the Site or our products and services, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit that feedback for any purpose, without compensation or attribution to you. You waive any moral rights you may have in the feedback to the extent permitted by law.
6. User submissions
If the Site allows you to submit content, including form submissions, demo requests, comments, or any other materials (“User Submissions”), you represent that:
- You have all rights necessary to submit the content
- The content does not violate any law or infringe the rights of any third party
- The content is accurate and is not misleading
You grant Ohanafy a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Submissions in connection with operating the Site and providing services to you. We are not obligated to publish or use any User Submission, and we may remove any User Submission at our discretion.
7. Third-party links and content
The Site may contain links to third-party websites, services, or content that we do not control. We provide these links for your convenience. We do not endorse and are not responsible for the content, privacy practices, or accuracy of any third-party site. Your interactions with any third-party site are governed by that third party’s terms and policies.
8. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to our collection and use of information as described in the Privacy Policy.
9. Beta features and preview content
We may make beta features, preview content, or other early-access materials available on the Site. These features and materials are provided on an “as is” basis and may be modified or discontinued at any time. Information about future product capabilities or roadmap items is provided for informational purposes only and does not represent a commitment to deliver any particular feature or capability.
10. Disclaimers
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OHANAFY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITE.
Any information about industry trends, market data, customer outcomes, or product capabilities published on the Site is provided for informational purposes only and should not be relied on as professional, legal, financial, or business advice.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OHANAFY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH ANY CLAIM IS BASED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold harmless Ohanafy and its affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; or (c) your violation of any law or the rights of any third party.
13. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms. Upon termination, the provisions of these Terms that by their nature should survive will survive, including Sections 4 (Intellectual Property), 5 (Feedback), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Governing Law and Dispute Resolution), and 17 (General Provisions).
14. Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your use of the Site will be brought exclusively in the state or federal courts located in New Hanover County, North Carolina, and you consent to the personal jurisdiction of those courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
15. Export controls
You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations, U.S. sanctions programs administered by the Office of Foreign Assets Control, and similar laws of other jurisdictions. You represent that you are not located in, and are not a citizen or resident of, any country subject to U.S. embargo or comprehensive sanctions, and that you are not on any U.S. government list of prohibited or restricted parties.
16. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of these Terms and, if the changes are material, we will provide additional notice as required by applicable law. Your continued use of the Site after an updated version of these Terms takes effect means you accept the updated Terms.
17. General provisions
Entire agreement. These Terms, together with the Privacy Policy and any other policies referenced in them, constitute the entire agreement between you and Ohanafy regarding your use of the Site and supersede any prior agreements between you and Ohanafy on that subject.
Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction. Any attempted assignment in violation of this section is void.
No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Ohanafy.
Force majeure. We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control.
Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
18. Contact
If you have questions about these Terms, contact us:
Ohanafy, Inc.
1844 Sir Tyler Drive, Suite 200
Wilmington, NC 28405
United States
Email: legal@ohanafy.com