Effective Date: May 19, 2025
Parties to the Agreement
This document constitutes an agreement between:
(1) OGAN AI Inc., established under the laws of Wyoming, USA, with its registered office at 30 N Gould St #26949, Sheridan, WY 82801, USA ("OGAN AI US");
(2) INTER AKTIF GRUP BILISIM ELEKTRONIK TASARIM TEKNOLOJI SANAYI VE TICARET ANONIM SIRKETI, incorporated under Turkish law, with its principal office at Caferaga Mah. Sifa Sok. No:19 34710 Moda Kadikoy Istanbul, Turkey ("OGAN AI Turkiye").
Both companies, collectively referred to hereafter as "OGAN AI", along with any of their affiliates, subsidiaries, or authorized representatives, unless stated otherwise in a specific clause.
Welcome to the website of OGAN AI Inc. ("OGAN AI") located at https://ogan.ai ("Site"). These Terms of Service ("Terms") together with our Privacy Policy, regulate your use of the Site, as well as the application hosting platform and all associated services and software ("Services"). Please read them thoroughly before using any aspect of our platform.
NOTICE REGARDING ARBITRATION: By accepting these Terms, you agree that most disputes between you and OGAN AI will be resolved via binding individual arbitration, as described in Section 21, rather than through court proceedings. Please refer to Section 21 for full details.
By accessing or using our Services, you consent to be governed by these Terms. If you disagree with any provision herein, you must not use our Services. If you are accessing our Services on behalf of a business, organization, or legal entity, you represent that you have the necessary authority to bind such an entity to these Terms. In such cases, "you" and "your" refer to that entity.
Our Privacy Policy explains how user data is collected, utilized, and disclosed. By making use of the Services, you acknowledge and accept that your use is subject to our Privacy Policy.
OGAN AI reserves the right, at its sole discretion, to update or revise these Terms at any time. Should such modifications occur, we will notify you by posting the revised Terms on our Site or by other appropriate communication channels. You should review the Terms whenever they are updated. If you continue to use the Services after modified Terms are posted, your continued use constitutes acceptance of those changes. If you do not accept the modified Terms, you should discontinue use of the Services.
As our Services are continually evolving, we may change, enhance, or discontinue any part of the Services at any time, without prior notice. For instance, a rarely used feature may be removed at our discretion.
The Services may only be used by individuals who are at least 18 years old, are able to form legally binding agreements, and are not otherwise prohibited from using the Services under relevant law.
Certain features of the Services require you to register for an account ("Account") and become a registered user ("User"). Registration is available via the Site, and you are responsible for providing and maintaining accurate, complete, and up-to-date information for your Account. Failure to do so may result in suspension or termination of your Account. You agree not to disclose your password to others, and to promptly inform us of any unauthorized use of your Account. You are fully responsible for all activities conducted through your Account, regardless of your awareness.
You must not permit anyone other than Authorized Users to access the Services. Authorized Users, as defined herein, are those individuals you designate to use the Services, and you are responsible for their compliance with all applicable terms. You must take all reasonable steps to protect account credentials and promptly notify OGAN AI if you suspect any compromise.
The Services enable you to develop, test, host, and run web or mobile applications ("Applications"). Applications can be designated as public within the Services, which allows other users to access, duplicate, and download them.
Collaborators may be invited to assist in the development of your Application. These Collaborators can access, modify, and download your application's code and assets for the purposes of collaboration.
OGAN AI may provide Support Services or Professional Services as part of your subscription plan.
- "Professional Services" refer to specialized consulting, implementation, and management services that may cover infrastructure design, migrations, compliance, optimization, custom software development, and more.
- "Support Services" encompass technical assistance, best practice guidance, troubleshooting, configuration, maintenance, and ticket-based help.
The extent of these services will depend on the specific plan selected in your Account.
In accordance with Section 17, OGAN AI will implement appropriate measures to help safeguard your Content from accidental or unlawful loss, access, or disclosure. However, you are ultimately responsible for configuring and using the Services to secure, protect, and back up your data, source code, databases, and other content.
You must use the Services in compliance with the relevant technical documentation available at https://ogan.ai and via OGAN AI's chat agent.
Software and code generated or delivered by OGAN AI ("the Software") are provided on a per-project basis, under a non-exclusive and non-transferable license. You may use, modify, and further develop the Software solely for the project for which it was created or delivered.
You are strictly prohibited from reusing, copying, sublicensing, selling, or exploiting the Software in other projects, products, or settings without explicit written permission from OGAN AI. All intellectual property rights remain the sole property of OGAN AI, except as specifically granted herein.
Should you wish to use the Software for any other purpose or project, a separate agreement with OGAN AI is required.
You are solely responsible for obtaining and maintaining any third-party software licenses required for your use of OGAN AI solutions, and for ensuring legal compliance of all such software.
OGAN AI may utilize third-party and open source platforms, frameworks, or plugins (such as MSSQL Free Edition, PostgreSQL, MySQL, ASP.NET, PHP, HTML, JS, etc.), and while security updates are performed regularly, OGAN AI cannot guarantee or be held responsible for any technical or security issues arising from such third-party components.
OGAN AI may offer beta versions of its Services ("Beta"). By registering for Beta access, you acknowledge that the Beta is not commercially released, may be incomplete or unstable, and could lead to unexpected results, including data loss or system errors. OGAN AI has no obligation to provide a commercial version of any Beta, and use of Beta Services is entirely at your own risk.
OGAN AI Services may incorporate artificial intelligence features ("AI Components"), which are subject to their own terms of use and privacy policies, including those of OpenAI, Deepseek, and similar providers. By using these AI Components, you agree to comply with their relevant terms and policies. OGAN AI is not liable for damages or obligations arising from your use of these third-party AI features, which are provided "as is" with no warranties from OGAN AI.
You commit to safeguarding the privacy and legal rights of those individuals who use your Applications ("End Users"). It is your responsibility to acquire all consents mandated by relevant data protection laws, as well as to deliver adequate privacy notices, access, and protection to End Users. If your End Users supply you with usernames, passwords, or any other credentials or personal data ("End User Information"), you are required to inform them that such information will be accessible to your Application and to OGAN AI for the sole purpose of providing you the Services.
Should you process End Users' personal information or any identifiable data during your use of our Services, it is incumbent upon you to supply legally sufficient privacy notices and obtain all permissions required for handling this data. You guarantee that all essential privacy notifications have been provided and that every necessary consent has been secured. The duty to manage such data lawfully is exclusively yours, and you agree to abide by all applicable regulations concerning the gathering, storing, and usage of personal data while using the Services.
OGAN AI will not access or use your Content except to the extent necessary to operate or maintain the Services, or to fulfill a legal obligation or government order.
For every paid project, the hosting is performed on an independent server instance offered by third-party cloud providers such as AWS, Microsoft Azure, Google Cloud, or other providers meeting industry standards. Therefore, we disclaim responsibility for technical or security issues arising from these providers. Likewise, we are not responsible for the content, data, source code, or similar materials that users store in self-managed dedicated server environments.
OGAN AI does not collect, retain, or directly process credit card details. All payments are processed by third-party vendors who comply with the Payment Card Industry Data Security Standard (PCI DSS), such as Stripe, PayPal, or PayTR. At no point are credit card numbers stored within our systems.
We do not access, use, or disclose your data-whether it be source code, databases, records within a database, or project-related metadata. Should you permit access to any third party, OGAN AI assumes no liability for any resulting security incidents.
If you are subject to the General Data Protection Regulation (GDPR), extra rules apply. We acknowledge that providing our services may involve processing personal data on your behalf. If you intend to store GDPR-covered data using our platform, you are required to execute a Data Processing Addendum (DPA) with us, available at https://ogan.ai/data-processing-addendum.pdf.
Provided you adhere to these Terms, you may access the Services free of charge up to certain defined limits, as detailed on our Pricing Page at https://ogan.ai. Should your usage exceed these limits, you must purchase a prepaid subscription ("Prepaid Subscription") to continue using additional resources or services.
Upon purchasing either a yearly or monthly Prepaid Subscription, you are granted access to the Services as detailed on the Pricing Page or otherwise specified at the time of your purchase. If you surpass these allocated limits, your Application's access to the Services will be halted. Subscription fees ("Subscription Fee") are billed at the start of each subscription period (monthly or yearly, as applicable), based on current rates stated on the Pricing Page or at the point of sale.
Unlike most providers, we (or our third-party payment processors) do not automatically charge your payment method at each subscription interval since we do not retain your payment card data. You are therefore responsible for tracking your subscription period and making timely payments. The billing date is based on the original subscription start date. If your subscription starts on a date not present in a subsequent month (e.g., January 31), billing will occur on the closest relevant date in the following month (e.g., February 28).
Prepaid Subscription fees-whether annual or monthly-are non-refundable. Once cloud services are provisioned, monthly or yearly charges apply and hosting services commence. Since we are not eligible for refunds from cloud providers after provisioning, we cannot offer refunds to you after purchase.
An alternative, the Idle Subscription, allows you to retain your data on our platform even when you do not wish to continue development or require ongoing service access.
If you select a Prepaid Subscription, you may be asked to provide additional payment information, including but not limited to: credit card number, expiration date, phone number, email, billing address, subscription type, region, and project name (if not already specified). By providing this information, you affirm that you have legal authorization to use the supplied payment method(s). Your authorization extends to us sharing this data with our payment processors in order to complete your transaction and charge the related Subscription or Usage Fee (collectively, the "Fee") plus applicable taxes. In certain instances, additional identity verification may be required.
Payments may be processed via Stripe or PayPal to OGAN AI Inc. (USA), or through PayTR to NTER AKTF GRUP BLM ELEKTRONK TASARIM TEKNOLOJ SANAY VE TCARET ANONM RKET (Turkey), depending on the specific invoice or payment instruction. The designated payment channel and recipient company are specified on each invoice or request. Charges may be invoiced in USD, EUR, or TRY, depending on the payment channel and jurisdiction.
Unless otherwise indicated, Subscription Fees do not include taxes. You are responsible for all taxes relating to your purchases. If OGAN AI is legally required to collect or pay taxes on your behalf, the appropriate amount will be added to and collected with your payment.
Should OGAN AI not receive payment by the due date, we reserve the right to suspend or permanently delete your project's hosting server and all associated data, including source code and databases. To avoid service interruptions or data loss, you must ensure timely payment. Continued access and data preservation depend on full settlement of outstanding fees.
You are free to cancel your Subscription at any time. Please be advised that all sales are final: cancelling a prepaid Subscription does not entitle you to a refund of any portion of the Subscription Fee for the active billing period.
To cancel, either email us at info@ogan.ai and follow our provided instructions, or use your Account settings within the Services. You remain liable for all Fees and applicable taxes incurred in the current Subscription period. If cancelled, your access to associated resources or services remains valid until the end of the paid period. Account cancellation does not remove your user Account, only the project and its hosting services. Please refer to Section 16 (Termination) for information about terminating your Account.
Subscription and usage fees, as well as any related usage limits, may be modified from time to time. We will notify you at least 15 days prior to any changes affecting your Subscription. Your purchase of a Subscription is not contingent upon the future delivery of any specific features or functionalities, nor on any verbal or written communications regarding such features.
A separate subscription fee is required for each project hosted in a different cloud region. However, if you initiate a new project within an existing project, and both share the same hosting environment, you are not required to pay an additional fee.
Each project is assigned an AI agent for support. There are no fixed limitations on the number of AI agent requests per account or project. At its discretion, OGAN AI may offer these AI agent requests free of charge, but retains the right to restrict or terminate access if, in OGAN AI's judgment, request volume is excessive within any given time frame.
OGAN AI will notify you in advance of any decision to limit, suspend, or introduce charges for AI agent usage, either for your account or for all users generally.
The standard cloud server allocation for your project consists of 8 GB RAM, 2 vCPUs, and 160 GB SSD. Please note that the system and runtime files also utilize part of these resources, and at least this much capacity is needed to publish your source code.
We do not guarantee that these resource allocations will remain unchanged; OGAN AI reserves the right to adjust server resources as necessary, but will always provide a minimum configuration sufficient for source code deployment.
For large systems, such as those with more than 50 database tables or 2,000 data fields, additional resources may be needed, and deployments may take more time. OGAN AI does not guarantee rapid publishing in such cases.
Microsoft SQL Server is offered as a free edition, and thus each database is limited to a maximum size of 10 GB.
OGAN AI is not responsible for any changes or developments made outside its platform, including local or external modifications invisible to OGAN AI. You assume all risk for such modifications, including the possibility of your project failing to function. We strongly recommend making all changes within the OGAN AI platform for optimal compatibility and support.
OGAN AI utilizes a variety of third-party and open source components, including but not limited to MSSQL Free Edition, PostgreSQL, MySQL, ASP.NET, PHP, HTML, and JS. Although we regularly apply security patches, we do not accept responsibility for technical or security issues related to these providers.
Each paid project is independently hosted by reputable cloud vendors such as AWS, Microsoft Azure, Google Cloud, or equivalent providers. OGAN AI accepts no liability for technical or security problems originating with these providers. We are also not responsible for content, data, or code stored by users in their own dedicated environments.
Within the context of these Terms, (i) "Content" encompasses all forms of text, graphics, imagery, music, source code, databases, audio files, video, and any other works of authorship or information that are shared, created, uploaded, or otherwise made accessible via the Services, including any Applications built by Users and their associated source code; and (ii) "User Content" specifically refers to any Content that a User (including yourself) provides for availability through the Services. All Content, including but not limited to User Content, is hosted on a virtually dedicated cloud server for paid projects.
OGAN AI makes no claim of ownership over your User Content, and nothing in these Terms is intended to limit your rights to use and benefit from your own User Content. Except as provided above, all rights, titles, and interests in and to the Services and Content (other than your User Content) are exclusively held by OGAN AI or its licensors, which may include other Users. This includes all associated intellectual property rights. You recognize that the Services and Content are protected by copyright, trademark, and other applicable laws in the United States and other countries. You agree not to remove, alter, or obscure any proprietary notices-such as copyright or trademark indications-associated with or contained in the Services or Content.
Provided you remain in compliance with these Terms, OGAN AI grants you a restricted, revocable, non-exclusive, non-transferable, and non-sublicensable license to (i) access and utilize the Services strictly for developing, testing, and operating Applications, and (ii) view and access the Content solely as part of your authorized use of the Services.
Although the entire project is distributed as open source, you may not copy, reproduce, or deploy the source code for any purpose outside the originally invoiced project, product, or context.
Only the individual or legal entity named on the project's invoice is permitted to use the source code. This license is non-transferable and non-sublicensable, restricting access and usage solely to the billed party.
The recipient of the invoice is allowed to modify or further develop the source code solely for internal purposes within the boundaries of the invoiced project. Sharing, redistributing, or making the code available to third parties, or using it for other projects, is strictly forbidden.
Any use of the source code beyond these established limitations constitutes a violation of this agreement. However, any components of the Services that are distributed under a separate open source license are subject to the terms of that license. Where such an Open Source License expressly overrides these Terms, the provisions of the Open Source License will control your access and use of the corresponding component.
By making User Content available via the Services, you grant OGAN AI a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, duplicate, alter, create derivative works from, publicly display, publicly perform, and distribute your User Content (including your Applications) as required to: (i) provide and operate the Services and Content for your benefit, (ii) make your Application available to End Users, and (iii) offer other Users, such as Collaborators, access to your User Content as authorized by you via the Services.
You are entirely responsible for your User Content (and OGAN AI bears no liability to you or any third party in this regard). You represent and warrant that you either own your User Content or have all necessary rights and permissions to grant us the licenses specified in these Terms. Furthermore, you guarantee that your User Content, your use and provision of your User Content via the Services, and any use of your User Content by OGAN AI (including but not limited to hosting and operating your Application) will not infringe, misappropriate, or otherwise violate the intellectual property, privacy, or publicity rights of any third party, nor will it violate any law or regulation. You assume all risks related to your User Content, including the accuracy, completeness, and utility of such content for others.
You are able to remove certain User Content through the Services interface. Nonetheless, some User Content (for example, posts or comments shared on community pages or any material marked as public or shared with Collaborators) may not be fully deleted, and archived or backup copies may persist within the Services.
You agree to promptly remove any User Content that violates Section 12 (General Prohibitions), particularly if instructed to do so by OGAN AI. If you do not comply with such a request, OGAN AI reserves the right to remove your User Content and/or disable your Application(s).
Notwithstanding the above, OGAN AI may, but is not obliged to, remove any Content from the Services at its discretion at any time. Upon account termination or cancellation in accordance with Section 16 (Termination), OGAN AI may remove or delete your User Content within a reasonable timeframe. OGAN AI assumes no responsibility or liability for the removal, failure to remove, or deletion of any User Content. You are solely responsible for ensuring the security and backup of your User Content.
We invite and appreciate your feedback, suggestions, and ideas to enhance the Services ("Feedback"). Feedback can be submitted by emailing info@ogan.ai or using the web form provided by OGAN AI. By submitting Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferable license, under any and all intellectual property rights you hold, to use, reproduce, modify, create derivative works from, and otherwise exploit the Feedback for any purpose.
OGAN AI does not and cannot review all User Content submitted by Users, and therefore disclaims responsibility for any User Content. The presence of User Content on the Services does not imply endorsement, validation, or an assertion of accuracy, safety, or utility by OGAN AI. You are expected to take appropriate precautions to safeguard yourself and your computing systems from any harmful or destructive materials (such as viruses, worms, or trojans). User Content may be objectionable, inaccurate, offensive, or erroneous. Additionally, User Content may infringe upon the privacy, publicity, or intellectual property rights of others, or require acceptance of additional terms for its use, whether stated or not. OGAN AI expressly disclaims any liability for harm resulting from User Content.
You acknowledge and agree that OGAN AI may identify you or your business and display your trade names, trademarks, service marks, logos, domain names, and other distinctive branding elements on the Site, in promotional materials, customer lists, and financial statements as a user of the Services. You grant OGAN AI a non-exclusive, royalty-free license to do so across any current or future media for purposes of marketing, advertising, or promoting OGAN AI or its Services.
You agree not to engage in any of the following activities:
- Creating, uploading, distributing, submitting, transmitting, or using the Services in any way to develop, host, or share User Content that:
(i) violates, misuses, or infringes on third-party patents, copyrights, trademarks, trade secrets, moral rights, or other intellectual property rights, or impinges on rights of publicity or privacy;
(ii) breaches any applicable law or regulation, or encourages conduct that would result in such a breach or generate civil liability;
(iii) is fraudulent, deceptive, untrue, or misleading;
(iv) contains material that is defamatory, obscene, pornographic, vulgar, or otherwise offensive;
(v) promotes or supports discrimination, hatred, bigotry, racism, harassment, or harm directed at individuals or groups;
(vi) contains or endorses violence, threats, or actions likely to cause harm to any individual or entity;
(vii) encourages illegal or dangerous activities or the use of harmful substances.
- Using the Services for the collection, storage, hosting, processing, handling, use, or sharing of any "Protected Health Information" (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), including but not limited to any biometric identifiers or data-such as fingerprints, facial scans, DNA, or other characteristics that could uniquely identify a person-unless you have executed a Business Associate Agreement (BAA) with us. For more information, contact info@ogan.ai.
- Using the Services to process, store, or manage "Payment Card Industry" (PCI) data, including but not limited to credit card transactions, cardholder data, or sensitive authentication data.
- Using, displaying, mirroring, or framing the Services or any element within them, including OGAN AI's brand, trademarks, or proprietary information, or the structure and design of any page or form, without obtaining OGAN AI's explicit written permission.
- Gaining unauthorized access to, tampering with, or using non-public sections of the Services, OGAN AI's internal systems, or the systems of OGAN AI's providers.
- Attempting to probe, scan, or test for vulnerabilities in any OGAN AI system or network, or attempting to breach security or authentication barriers.
- Circumventing, disabling, removing, impairing, descrambling, or otherwise bypassing any security or technical protections put in place by OGAN AI, its providers, or any other third party to safeguard the Services or User Content.
- Attempting to access or search the Services or Content, or to download Content, using any automated engine, software, tool, agent, or device (including spiders, bots, crawlers, data mining tools, or the like) other than those made available by OGAN AI or generally accessible third-party web browsers.
- Sending unsolicited advertisements, promotional content, bulk emails, spam, chain letters, or other forms of solicitation that violate any applicable laws or regulations.
- Utilizing the Services or Content, in whole or in part, for the benefit of any third party or in any way not explicitly allowed by these Terms.
- Forging the header of any TCP/IP packet or any part of email or newsgroup header information, or otherwise using the Services or Content to send false, misleading, or deceptive source-identifying information.
- Attempting to decipher, decompile, disassemble, or reverse-engineer any software utilized to provide the Services or Content.
- Selling, reselling, renting, or leasing the Services to third parties.
- Using the Services to store or distribute malware, viruses, worms, Trojan horses, time bombs, or any other harmful code, files, scripts, or programs.
- Interfering with or disrupting the integrity or functioning of the Services or any third-party data contained therein.
- Collecting or storing personal data from other users of the Services without their explicit consent.
- Impersonating any individual or misrepresenting your affiliation with any person or entity.
- Accessing the Services with the intent to bring an intellectual property claim against OGAN AI or to create a competing product or service.
- Violating any applicable law or regulation.
- Encouraging, supporting, or enabling others to engage in any of the above activities.
If you become aware that an End User of your Application has violated any of these prohibitions, you must promptly terminate that user's account on your Application.
OGAN AI is not required to monitor use of the Services or review User Content, but reserves the right to do so in order to operate the Services, enforce compliance with these Terms, and meet applicable legal obligations.
We may, at our discretion, remove or restrict access to any User Content or Application at any time, without notice, especially if we consider the content to violate these Terms or be otherwise objectionable. OGAN AI may investigate breaches of these Terms or any conduct affecting the Services, and may cooperate with law enforcement agencies to pursue users who break the law.
OGAN AI respects the rights of copyright owners and expects its users to do likewise. As a matter of policy, OGAN AI may terminate the accounts of users who repeatedly violate or are believed to have repeatedly violated the copyrights of others.
Our Services may include links to third-party websites or resources for your convenience. OGAN AI does not control and is not responsible for the content, products, or services found on or through those websites or resources, or for any links displayed there. You alone are responsible for and assume all risk arising from using any third-party websites or resources.
Responsibility for proper licensing and security compliance of any third-party plugins, libraries, or software added to a project by the Customer lies solely with the Customer. OGAN AI accepts no liability for problems, losses, damages, or legal consequences resulting from the use or mismanagement of third-party software in the Customer's project.
The Customer further acknowledges that it is their exclusive duty to verify, acquire, and maintain any required licenses, and to ensure that all third-party software used in conjunction with OGAN AI's offerings is both secure and legally compliant.
You may close your Account at any time by notifying us via email at info@ogan.ai. OGAN AI may suspend or terminate your access to the Services, or your Account itself, at our sole discretion, at any time and without prior notice. If we terminate your access due to breach of these Terms, or if you cancel your Account, you will not receive a refund for any pre-paid Subscription Fees.
You alone are responsible for exporting your User Content from the Services prior to termination of your Account for any reason. If we terminate your Account, we will give you a reasonable opportunity to retrieve your User Content.
Sections that will survive any termination or cancellation of your Account or the Services include: Section 9.1 (Definitions), Section 9.2 (Ownership Rights), Section 9.6 (Feedback), Section 12 (General Prohibitions), Section 14 (DMCA/Copyright Policy), Section 16 (Termination), Section 17 (Warranty Disclaimers), Section 18 (Indemnity), Section 19 (Limitation of Liability), Section 20 (Governing Law), Section 21 (Dispute Resolution), and Section 22 (General Terms).
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. We do not guarantee that the Services will satisfy your needs or will be available in a secure, uninterrupted, or error-free manner. We make no promises about the quality, accuracy, reliability, completeness, or timeliness of any Content.
You agree to defend, indemnify, and hold harmless OGAN AI, its affiliates, licensors, directors, officers, employees, and agents from any claims, demands, liabilities, damages, losses, expenses, and costs (including reasonable legal and accounting fees) that arise from or are in any way related to (i) your or your Authorized Users' access to or use of the Services or Content, (ii) your User Content, or (iii) your or your Authorized Users' violation of these Terms.
NEITHER OGAN AI NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES-ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES-WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF OGAN AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO CASE WILL OGAN AI'S TOTAL LIABILITY TO YOU OR YOUR AUTHORIZED USERS ARISING FROM THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO OGAN AI IN THE TWELVE MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE.
THE LIMITATIONS AND EXCLUSIONS OF DAMAGES ABOVE ARE ESSENTIAL TO THE AGREEMENT BETWEEN OGAN AI AND YOU.
These Terms and any associated actions will be interpreted in accordance with the Federal Arbitration Act, applicable federal arbitration law, and the laws of the State of Wyoming, USA, excluding its conflict of law provisions. Unless expressly stated otherwise in Section 21 (Dispute Resolution), all non-arbitrable disputes will be exclusively heard by the state and federal courts in Sheridan County, and both parties waive any objection to venue or jurisdiction in those courts.
Both you and OGAN AI agree that any dispute, claim, or controversy arising out of or related to these Terms or their breach, enforcement, termination, interpretation, or validity-or the use of the Services (collectively, "Disputes")-will be settled solely by binding, individual arbitration and not by any class, representative, or consolidated action. The interpretation and enforcement of these Terms is governed by the U.S. Federal Arbitration Act, and both parties waive any right to a trial by jury or to participate in a class action. This arbitration provision remains effective after these Terms end.
All disputes, controversies, or claims tied to this Agreement will be resolved by binding individual arbitration per the rules of the American Arbitration Association (AAA), unless the parties otherwise agree in writing. The governing law will be the laws of the State of Wyoming, unless Services are provided by an OGAN AI entity in another jurisdiction, in which case the laws of that jurisdiction apply. Arbitration will be conducted in English.
OGAN AI retains the right to pursue legal action for unpaid fees or to protect its intellectual property in any competent court.
As exceptions to Section 21.1, (i) both parties may resolve eligible disputes in small claims court, and (ii) either party may seek injunctive or equitable relief in a court of law to prevent infringement or misuse of their intellectual property rights.
Arbitration will be handled by the AAA under its Consumer Arbitration Rules in effect at that time, except as modified by these Terms. AAA Rules can be found at www.adr.org or by phone at 1-800-778-7879. The party wishing to initiate arbitration must submit a written Demand for Arbitration to AAA and provide notice as required by the AAA Rules. Arbitration hearings will occur in the county (or equivalent jurisdiction) where you reside unless another location is mutually agreed upon. The arbitrator will have the exclusive power to determine all issues about the interpretation, enforceability, and scope of this arbitration agreement.
All filing, administrative, and arbitrator fees will be governed by the AAA Rules, and neither party will seek to recover fees they are responsible for, unless the arbitrator deems your claim frivolous. If OGAN AI prevails in arbitration, it will pay all its legal fees and may seek to recover them from you; if you prevail, you may be awarded legal fees and expenses as permitted by law.
Except as provided in Section 21.2, the arbitrator will determine all liability issues on the merits and may grant declaratory or injunctive relief only for the benefit of the party seeking such relief and only to the extent necessary for that party's individual claim. If either party prevails on a claim and seeks public injunctive relief, that claim must be litigated in a court of competent jurisdiction rather than arbitration, and such litigation will be paused pending arbitration's outcome.
YOU AND OGAN AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER SOLELY AS AN INDIVIDUAL, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If arbitration occurs, the arbitrator cannot consolidate other individuals' claims with yours, nor preside over any class proceeding. If this specific section is found unenforceable, all of Section 21 becomes void.
Except as to Section 21.6 ("Class Action Waiver"), if any provision of these Terms is found invalid or unenforceable by an arbitrator or court of competent jurisdiction, all other provisions will remain fully effective.
These Terms, together with any referenced documents, form the entire and exclusive agreement between you and OGAN AI with respect to the Services and Content, superseding all prior or contemporaneous oral or written agreements. If any part of these Terms is declared unenforceable, the remainder will stay in effect. Except where required by law, you may not assign or transfer your rights under these Terms without OGAN AI's written consent; any attempt to do so is void. OGAN AI may assign or transfer its rights under these Terms without restriction. These Terms are binding on both parties and their successors or permitted assigns.
OGAN AI may provide notices, including updates to these Terms, via email or by posting within the Services. For notices sent by email, receipt is considered the date of transmission.
Failure by OGAN AI to enforce any provision of these Terms does not constitute a waiver of that provision. Waivers must be in writing and signed by an authorized representative. Unless otherwise specified, either party's exercise of any remedies under these Terms does not affect its right to pursue other remedies.
If you have questions regarding these Terms or the Services, you may contact OGAN AI at info@ogan.ai.