oleander Terms of Service

Last Updated: 12/24/2024

Welcome to oleander

(“Service,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of oleander, which is owned and operated by [Your Company Name]. By accessing or using our website and services (collectively, the “Platform”), you (“User” or “you”) agree to be bound by these Terms. If you do not agree to these Terms, please discontinue use of the Service immediately.

1. Acceptance of Terms

1.1 Binding Agreement

By creating an account, accessing, or using oleander in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, incorporated herein by reference.

1.2 Eligibility

To use oleander, you must be at least the age of majority in your jurisdiction and able to form a binding contract. By using oleander, you represent and warrant that you meet these requirements.

2. Description of the Service

2.1 Overview

oleander is a Software-as-a-Service (SaaS) platform that [describe core functionality, e.g., “provides analytics tools to help businesses optimize their marketing campaigns.”]

2.2 Changes and Updates

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

3. Account Registration

3.1 Registration Process

To access certain features of oleander, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

3.2 Account Security

You agree to notify us immediately of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to comply with this obligation.

3.3 Account Restrictions

You may not use oleander if we have previously terminated your account or banned you from using our Service.

4. User Responsibilities and Conduct

4.1 Lawful Use

You agree to use oleander only for lawful purposes and in compliance with all applicable laws and regulations.

4.2 Prohibited Conduct

Use the Service in any manner that infringes upon the rights of others or violates their privacy.
Engage in any conduct that disrupts or interferes with the security or functionality of the Service.
Introduce viruses, malware, or any other harmful material into the Platform.
Attempt to gain unauthorized access to any part of oleander or any related systems or networks.
Reproduce, duplicate, copy, or resell any part of oleander in contravention of these Terms.

4.3 User Content

If you upload or otherwise submit content (“User Content”) to oleander, you represent and warrant that you have the necessary rights to do so. You grant oleander a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display such User Content in connection with the Service.

5. Payment, Fees, and Subscription

5.1 Subscription Plans

oleander may offer various subscription plans, each with different features and pricing. By selecting a plan, you agree to pay all fees as specified.

5.2 Billing and Payment

Billing Cycle: Subscription fees are billed in advance on a recurring basis (e.g., monthly, annually), unless otherwise stated.
Payment Method: You must provide a valid payment method (e.g., credit card) and keep it updated.
Late Payments: If your payment method is declined or a payment is otherwise overdue, we may suspend or terminate your access to oleander.

5.3 Refund Policy

All fees are non-refundable unless required by law or stated otherwise in a specific promotion or subscription agreement.

5.4 Changes to Pricing

We reserve the right to change our fees at any time. We will provide advance notice of fee changes, and your continued use of the Service after such changes indicates your agreement to the revised pricing.

6. Intellectual Property

6.1 Ownership of oleander

All content, features, and functionality on oleander (including but not limited to text, images, graphics, software, and trademarks) are the exclusive property of [Your Company Name] or its licensors. You do not acquire any right or license to use any of the above materials except as expressly provided in these Terms.

6.2 Feedback

Any feedback, comments, or suggestions you submit about oleander (“Feedback”) may be used by us without restriction and without any obligation to compensate you.

7. Confidentiality

7.1 Definition

You may receive confidential or proprietary information through your use of oleander (“Confidential Information”). Confidential Information includes any non-public information disclosed by us or by you, which is designated as confidential or that a reasonable person would understand to be confidential in nature.

7.2 Obligations

You agree to use Confidential Information solely for the purpose of using oleander and to not disclose it to any third party without our prior written consent.

8. Disclaimer of Warranties

OLEANDER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [Your Company Name], ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE OLEANDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless [Your Company Name], its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

Your use or misuse of oleander;
Your violation of these Terms;
Your violation of any applicable laws or regulations; or
Infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

11. Termination

11.1 Termination by You

You may stop using oleander at any time by canceling your account.

11.2 Termination by Us

We may suspend or terminate your access to oleander at any time, with or without notice, for any reason, including if we believe you have breached these Terms.

11.3 Effect of Termination

Upon termination, your right to access and use oleander ceases immediately. Any fees due remain payable, and Sections that by their nature should survive termination shall continue in full force and effect.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or oleander shall be settled through good-faith negotiation between the parties. If the dispute cannot be resolved informally, it shall be resolved by binding arbitration or litigation as determined by the laws of [Your Jurisdiction].

13. Changes to These Terms

We reserve the right to modify or update these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website. Your continued use of oleander after any such change constitutes your acceptance of the revised Terms.

14. Miscellaneous

14.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and [Your Company Name] regarding the use of oleander, superseding any prior agreements between you and [Your Company Name] related to this subject matter.

14.2 Severability

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, and the remaining portions shall remain in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision in these Terms does not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may freely assign or transfer these Terms without restriction.

14.5 Contact Us

If you have any questions about these Terms, please contact us at:
support@oleander.dev