Terms of Service
These Terms of Service ("Terms") govern use of Outer Planet Labs products, software, Apps, content, and services (collectively, "Services") when offered by our company to consumers, under our own branding.
Please read these terms carefully before you start using any such Services.
The terms "Outer Planet Labs" "us" or "we" refers to Outer Planet Labs LLC, a software and content company incorporated in New York, and operating in New York, NY.
The term "device" refers to any device which is used to access the Services including but not limited to computers, smartphones and tablets.
The term "you" refers to the user of the Services.
When you use or access our Service, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using any of our Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using any of our Services.
Our contact email address is info@outerplanetlabs.com. All correspondence to Outer Planet Labs including any queries you may have regarding your use of any of our Services or these Terms should be sent to this contact email address.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND OUTER PLANET LABS AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND OUTER PLANET LABS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. OUR SERVICES (AND ALSO, OUR USE OF AI SERVICES)
Outer Planet Labs offers different Services. This includes offering iOS and macOS Apps made available through Apple's iOS and macOS App Stores. Some but not all of our Apps may rely on third-party services, such as machine learning models (Large Language Models or AI), the behavior of which we may influence, but which we ultimately do not control.
All of our consumer-facing Apps, made available through Apple's iOS and macOS App Stores, are intended to be used only for informational, educational or entertainment purposes - no interpretation of them as appropriate for any more serious purpose is appropriate. So in other words, no dispute should arise from use of our consumer-facing Apps, on the basis of considering them as relevant to any greater purpose.
Furthermore, for cases in which our Apps are intended to be informative, whatever content they pass through from a machine learning source, shall not be considered our liability. We believe the burden is on you, the user of our Services, not us, to recognize the limitations of such machine learning systems - that they are fallible, and that their content, trained on the broader internet, is at least as fallible as the broader internet.
Furthermore, the burden is on you, the user of our Services, not us, to recognize that machine learning models, as represented through our Apps, are not living things or human beings. So if you think you can become confused or misinformed by our Apps impersonating people for instance, you should not be using our Apps; we should be held no more liable for your experience than if you were to see a fantasy movie, and then treat any of its fictions as real.
1.1. Medical disclaimer
And no Service we offer that provides any information should be treated as a viable sole source of information. This applies especially to any product we offer that delivers any content, purposefully or incidentally, relevant to human health. If you receive information relevant to human health from any of our Apps, products or Services, you must accept it as only one source of information, potentially incorrect, offered without any claim of expertise or authority.
1.2. Emergencies and Medical Needs
None of our Services address emergencies or medical needs. We are not in the business of addressing such needs.
1.3. Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, any or all of our Services (or any part thereof) with or without notice. You agree that Outer Planet Labs will not be liable to you or to any third party for any modification, suspension or discontinuance of any of our Services.
2. SUBSCRIPTIONS
2.1. Subscription terms
You may be required to agree to a Subscription plan through some of our iOS or macOS Apps to engage with their capabilities. Such agreement is dependent on whatever Terms that Apple requires, and will not require you to share any personal data with our company.
2.2. Once you subscribe
You are responsible for maintaining the confidentiality of any subscription you agree to, if any, and are fully responsible for any and all activities that occur under your password or account. Outer Planet Labs will not be liable for any loss or damage arising from your failure to comply with this.
2.3. Maintaining a Paid Subscription
Any of our paid subscriptions shall be paid and processed as per the terms specified by us or by Apple through the Apple iOS App Store or the Apple macOS App Store.
Please note that your purchase will be subject to Apple's applicable payment policy, which may not provide for refunds.
Please note that the 14-days-after-purchase refund policy for EU residents does not apply for the provided access to any digital product we offer.
Please also note we may suspend or terminate use of our Services including our Subscription services for any reason and without notice.
3. CONDITIONS OF USE
3.1 User conduct
You are solely responsible for your interaction with our products. We expect you to behave responsibly and with maturity - and not misuse any of our Services.
Also we expect you to respect our copyright and intellectual property rights, as we will respect your same rights and your privacy.
Please also see our separate privacy policy page - you will see that our consumer Apps simply do not collect our users' data... We do not retain user data on our own servers.
But also understand that for Apps we offer which employ third party services to provide chatbot capabilities - your interaction with them can expose your personal information to those services in ways we do not control nor can prevent.
So we insist that you refrain from sharing any personal or sensitive information with our Apps. In other words, we will not be held responsible if you share personal information through our Apps with any third-party service. Respect your own privacy, please, above all else. No app we offer requires you to share sensitive information, so don't share it unnecessarily.
In your user conduct, you also agree of course not to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
Violate any applicable local, state, national or international law, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
3.2. Special notice for international use; Export controls
Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
3.3. Commercial use
Our Services are for your personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
4. License
4.1 Each of our Apps is licensed on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used for private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Outer Planet Labs acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of the agreement which may affect or be affected by such use; and
Both you and Outer Planet Labs acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Service content, software, and trademarks
You acknowledge and agree that the Services may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Outer Planet Labs, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Outer Planet Labs from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Outer Planet Labs, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Outer Planet Labs.
The Outer Planet Labs name and logos are trademarks and service marks of Outer Planet Labs (collectively the "Outer Planet Labs Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Outer Planet Labs. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Outer Planet Labs Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Outer Planet Labs Trademarks will inure to our exclusive benefit.
5.2. Third party material
Under no circumstances will Outer Planet Labs be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Outer Planet Labs does not pre-screen content, but that Outer Planet Labs and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Outer Planet Labs and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Outer Planet Labs, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6. THIRD PARTY WEBSITES
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that Outer Planet Labs will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Outer Planet Labs is not liable for any loss or claim that you may have against any such third party.
7. WARRANTY, INDEMNITY AND LIABILITY
7.1. Indemnity and release
You agree to release, indemnify and hold Outer Planet Labs and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.
7.2. Disclaimer of warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OUTER PLANET LABS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
7.3. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUTER PLANET LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Outer Planet Labs'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
8. DISPUTE RESOLUTION BY BINDING ARBITRATION
8.1. Agreement to arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Outer Planet Labs, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Outer Planet Labs are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
8.2. Prohibition of class and representative actions and non-individualized relief
YOU AND Outer Planet Labs AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Outer Planet Labs AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
8.3. Pre-arbitration dispute resolution
Outer Planet Labs is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at info@outerplanetlabs.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Outer Planet Labs and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Outer Planet Labs may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Outer Planet Labs or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Outer Planet Labs is entitled.
8.4. Arbitration procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Outer Planet Labs and you agree otherwise, any arbitration hearings will take place in New York, NY.
8.5. Costs of arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.
8.6. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
8.7. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of class and representative actions and non-individualized relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection titled "Prohibition of class and representative actions and non-individualized relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
9. GENERAL CONDITIONS
9.1. Termination
You agree that Outer Planet Labs, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice. Further, you agree that Outer Planet Labs will not be liable to you or any third party for any termination of your access to the Service.
9.2. User disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Outer Planet Labs will have no liability or responsibility with respect thereto. Outer Planet Labs reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
9.3. Entire agreement
These Terms of Service constitute the entire agreement between you and Outer Planet Labs and govern your use of the Service, superseding any prior agreements between you and Outer Planet Labs with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.
9.4. Choice of law
These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Outer Planet Labs agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of Outer Planet Labs to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Outer Planet Labs, but Outer Planet Labs may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
For our Privacy Policy, please click here: Privacy Policy