Terms & Conditions

Introduction

These Terms of Use (“TOU”) apply to your access and use of Oxigin's products, services, websites, and apps that you purchase or sign up for on Oxigin's website and which are branded as “Oxigin” (referred to as “the Service”).

You agree to these Terms by clicking to accept these Terms, executing a document that references them, or using the Service. If you will be using the Service on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such a case, “you” and “your” will refer to that organization.

1. Fees and Payments
1.1 Fees for Services.

You agree to pay to Oxigin any fees for the Service you purchase or use, in accordance with the pricing and payment terms presented to you for the Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Oxigin of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

1.2 Subscriptions

Our service can be billed on a subscription basis (we call this “Subscription”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. YOU MAY CANCEL AUTO-RENEWAL ON YOUR SUBSCRIPTION AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING.

1.3 Price Changes

Oxigin may change the fees charged to you for the Service at any time, provided that, for Subscriptions, the change will become effective only at the end of the then-current billing cycle of your Subscription. Oxigin will provide you with advance notice of any change in fees.


2. Your Content
2.1 You Retain Ownership

You retain ownership of all of your intellectual property rights in your Content. Oxigin does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited license described in these Terms.

2.2 Limited License To Your Content

You grant Oxigin a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing and improving the Service and as permitted by the Oxigin privacy policy. This license for such limited purposes continues even after you stop using our Service, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Oxigin's business (subject to our retention policies). This license also extends to any trusted third parties we work with to the extent necessary to provide and improve the Service.

2.3 Representations and Warranties

You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Services, any Content or materials that are in breach of our Acceptable Uses Policy.

2.4 Responsibility of Your Content

The Service may display content not owned by Oxigin but by others. The entity that makes such content available is responsible for it. You are responsible for your Content, and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Oxigin is not responsible for any actions you take with respect to your Content, including sharing it publicly. Subject to applicable law, Oxigin is not liable for your Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such Content or other third-party content or materials.

You acknowledge that, to ensure compliance with legal obligations, Oxigin may be required to review your Content submitted to the Service to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display your Content that we believe violates the law or these Terms. In the event your Content includes third-party brands, logos or other source identifiers, we may require you to submit a statement of non-affiliation before you may use such Content in connection with the Service. However, Oxigin otherwise has no obligation to monitor or review any content submitted to the Service.


3. Oxigin Intellectual Property

Neither these Terms nor your use of the Service grants you ownership in the Service or the content you access through the Service (other than your Content). These Terms do not grant you any right to use Oxigin’s trademarks or other brand elements. If you submit any feedback or suggestions to us regarding our Service, we may use and share them for any purpose without any compensation or obligation to you.


4. Account Management
4.1 Password Security

If you have been issued an account by Oxigin in connection with your use of the Service, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Oxigin, are responsible for any activity occurring in your account (other than activity that Oxigin is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Oxigin immediately. Accounts may not be shared and may only be used by one organization per account.

4.2 Accurate Account Data

Oxigin occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.

4.3 Account Backup

You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Oxigin will not be liable for any failure to store, or for loss or corruption of, your Content.

4.4 Account Inactivity

Oxigin may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, where appropriate, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.


5. Suspension and Termination
5.1 By You

You can terminate your Subscription and delete your account at any time by contacting us. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Service. Terminations are confirmed immediately, and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Service, collected responses, and/or downloaded your responses unless the termination is due to our material, uncured breach or a refund is required by law.

5.2 By Oxigin

For Convenience: Oxigin may terminate your Subscription effective at the end of a billing cycle by providing at least 30 days’ prior written notice to you without refund for any prior period. Additionally, Oxigin may terminate your Subscription at any time during the billing cycle by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle.

For Cause: Oxigin may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after Oxigin has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, Oxigin may limit, suspend, or terminate the Service to you: (i) if you fail to comply with these Terms, (ii) if you use the Service in a way that causes legal liability to us or disrupts others’ use of the Service; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Service you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from the Service. However, there may be time sensitive situations where Oxigin may decide that we need to take immediate action without notice. Oxigin will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Oxigin has no obligation to retain your Content upon termination of the Service.


6. Changes and Updates
6.1 Change to Terms

Oxigin may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Service, and to account for new Services or functionality. The most current version will always be posted on the Oxigin website. If an amendment is material, as determined in Oxigin’s sole discretion, Oxigin will notify you by email. Notice of amendments may also be posted upon your login to your account. Except as otherwise specified by us, changes will be effective no sooner than the day they are publicly posted. If you do not want to agree to any changes made to the terms for the Service, you should stop using the Service, because (unless otherwise stated in law) by continuing to use the Service you indicate your agreement to be bound by the updated terms.

6.2 Changes to Service

Oxigin constantly changes and improves the Service. Oxigin may add, alter, or remove functionality from the Service it provides to you at any time without prior notice. Oxigin may also limit, suspend, or discontinue the Service provided to you at its discretion. If Oxigin discontinues the Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from the Service. Oxigin may remove content from the Service it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.