Terms of Service for UseOATS.com

1. Description of Service

UseOATS.com provides a server-side data processing and delivery solution (the "Service") that allows you, the customer ("Customer," "you"), to collect, process, and route event data from your owned digital properties (websites, applications, etc.) to various third-party marketing and analytics platforms ("Destinations").

2. Customer Responsibilities and Data Compliance (Crucial)

As a server-side tracking solution operating within the European Economic Area (EEA), OATS operates under specific legal duties. You, as the Customer, bear primary responsibility for the lawful collection and use of data transmitted through the Service.

2.1 Data Controller Obligations

You acknowledge and agree that for all data transmitted through the OATS Service (the "Customer Data"), you are the Data Controller, and OATS is the Data Processor. You are solely responsible for:

1. Legal Basis: Establishing and maintaining a valid legal basis (such as consent or legitimate interest) for the collection and processing of all Customer Data, including any personal data, before transmitting it to the Service.
2. User Notice: Providing adequate and transparent notice to your end-users (data subjects) about your data collection practices, the use of server-side tracking, and the sharing of their data with processors like OATS.
3. Data Processing Agreement (DPA): Executing and adhering to the OATS Data Processing Agreement (DPA), which is automatically incorporated into these Terms for all customers processing personal data.
4. Data Minimisation: Ensuring that Customer Data transmitted to OATS is limited to what is strictly necessary for the intended purpose.
5. Sensitive Data: You must not use the Service to knowingly collect, store, or process any categories of sensitive personal data (as defined by GDPR Article 9 or similar laws, e.g., health data, political opinions) unless explicitly authorized by OATS in writing.

2.2 Security of Customer Data

You are responsible for the security of your account and the appropriate configuration of the Service. You must employ necessary technical and organizational measures to ensure the security of Customer Data prior to its transfer to OATS.

3. Account, Access, and Security

• Account Creation: You must provide accurate, complete information when creating an account.
• Security: You are responsible for maintaining the confidentiality of your account credentials. You must notify OATS immediately upon becoming aware of any breach of security or unauthorized use of your account.
• Suspension: OATS reserves the right to suspend or terminate your access to the Service immediately if we have a reasonable belief that you are violating applicable data protection laws or have violated Section 2 of these Terms.

4. Fees, Billing, and Termination

4.1 Fees and Payment

You agree to pay the fees specified for your chosen subscription plan ("Subscription Fees"). Payments are due according to the billing cycle stated in your plan. If payment is not received on time, OATS reserves the right to suspend the Service until payment is made.

4.2 Cancellation and Termination

1. By Customer: You may cancel your subscription at any time through your account portal. Cancellation will take effect at the end of the current billing period. No refunds will be provided for any unused portion of the subscription term.
2. By OATS: We may terminate these Terms and your access to the Service for any material breach of these Terms, including failure to pay fees or violations of Section 2 of these Terms.

4.3 Data Deletion Upon Termination

Upon termination of the Service, we will, upon your written request and subject to any legal retention requirements, delete or anonymize all Customer Data within a commercially reasonable timeframe, as further detailed in the DPA.

5. Intellectual Property

• OATS Ownership: OATS retains all intellectual property rights in and to the Service, including all software, technology, methodologies, and documentation. You are only granted a limited, non-exclusive, non-transferable right to use the Service as defined by your subscription.
• Customer Data Ownership: You retain all intellectual property rights and ownership of the Customer Data you transmit through the Service.

6. Warranties and Disclaimer

6.1 OATS Warranty and General Disclaimer

• OATS Warranty: OATS warrants that the Service will perform materially in accordance with the specifications described in the documentation.
• Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." OATS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.2 Third-Party Service and Infrastructure Disclaimer

The OATS Service relies on various third-party services and infrastructure solutions for its operation, including Google Tag Manager (GTM) for client-side setup, and cloud server hosting on providers such as Google Cloud, Amazon Web Services (AWS), Microsoft Azure, and Stape.io.

• Downtime and Outages: OATS is not liable for any downtime, outages, or performance issues caused by these external third-party service providers.
• Updates and Upgrades: OATS is not responsible for updates, upgrades, or maintenance required on the Customer's client-side tracking implementation. The Customer is solely responsible for implementing necessary updates or upgrades to their client-side configurations (e.g., GTM containers) to ensure compatibility and continued service functionality.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OATS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR CUSTOMER DATA; (C) ANY INTERRUPTION OR CESSATION OF THE SERVICE.

OATS’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO OATS FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Governing Law and Jurisdiction

These Terms shall be governed by the laws of Romania, without regard to its conflict of laws principles. All disputes arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts located in Craiova, Romania.

9. Miscellaneous

• Entire Agreement: These Terms, together with the DPA, constitute the entire agreement between you and OATS.
• Changes: OATS reserves the right to modify these Terms at any time. We will provide notice of material changes through the Service or via email. By continuing to use the Service after the effective date of the change, you agree to the revised Terms.