terms of service

1. acceptance of terms

by accessing or using owlette ("the service"), operated by The Experiential Company, LLC ("TEC," "we," "our," or "us"), you agree to be bound by these terms of service ("terms"). if you do not agree to these terms, you may not use the service.

we reserve the right to modify these terms at any time. we will notify you of significant changes by posting a notice on the service or sending you an email. your continued use of the service after such modifications constitutes your acceptance of the updated terms.

2. description of service

owlette is a cloud-connected process management and remote deployment system designed for managing Windows applications across multiple machines. the service includes:

• a web-based dashboard for monitoring and control
• a Windows agent that runs on managed machines
• remote process management capabilities
• software deployment and distribution features
• real-time monitoring and alerting

3. account responsibilities

you are responsible for:

• maintaining the confidentiality of your account credentials
• all activities that occur under your account
• ensuring that your use complies with applicable laws
• keeping your contact information up to date
• enabling and maintaining two-factor authentication

you must notify us immediately of any unauthorized use of your account or any other breach of security.

4. acceptable use

you agree not to use the service to:

• monitor or manage machines without proper authorization
• deploy malicious software or malware
• violate any applicable laws or regulations
• interfere with or disrupt the service or servers
• attempt to gain unauthorized access to any systems
• collect or harvest user data without consent
• use the service for any illegal or fraudulent purpose
• resell or redistribute the service without authorization

we reserve the right to suspend or terminate accounts that violate these terms.

5. intellectual property

the owlette software is released under the Functional Source License, Version 1.1, Apache 2.0 Future License (FSL-1.1-Apache-2.0). you may use, modify, and distribute the software for any permitted purpose — excluding competing commercial uses — in accordance with that license. each release automatically converts to Apache License 2.0 two years after it is made available.

the owlette name, logo, and branding are trademarks of The Experiential Company and may not be used without our express written permission.

you retain ownership of any data you upload or create using the service. by using the service, you grant us a license to store, process, and transmit your data solely for the purpose of providing the service.

6. disclaimer of warranties

the service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

we do not warrant that:

• the service will be uninterrupted or error-free
• defects will be corrected
• the service is free of viruses or other harmful components
• the results from using the service will meet your requirements

7. limitation of liability

to the maximum extent permitted by law, TEC shall not 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:

• your use or inability to use the service
• any unauthorized access to or use of our servers
• any interruption or cessation of transmission to or from the service
• any bugs, viruses, or similar issues transmitted through the service
• any errors or omissions in any content

in no event shall our total liability exceed the amount you paid us, if any, for the use of the service during the twelve (12) months prior to the claim.

8. indemnification

you agree to indemnify, defend, and hold harmless TEC and its officers, 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 access to or use of the service
• your violation of these terms
• your violation of any third-party rights
• your violation of any applicable laws or regulations

9. termination

we may suspend or terminate your access to the service at any time, with or without cause, and with or without notice. upon termination:

• your right to use the service will immediately cease
• you must stop using the owlette agent on all machines
• we may delete your account and associated data

you may terminate your account at any time by contacting us or using the account deletion feature in the dashboard.

10. governing law

these terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

any legal action or proceeding arising out of or relating to these terms or the service shall be brought exclusively in the federal or state courts located in California, and you consent to the personal jurisdiction of such courts.

11. dispute resolution

before filing a claim against TEC, you agree to try to resolve the dispute informally by contacting us at support@owlette.app. we will try to resolve the dispute informally by contacting you via email. if a dispute is not resolved within 30 days of submission, you or TEC may bring a formal proceeding.

12. severability

if any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

13. entire agreement

these terms, together with our privacy policy, constitute the entire agreement between you and TEC regarding the service and supersede all prior agreements and understandings.

14. contact us

if you have any questions about these terms, please contact us at:

email: support@owlette.app

company: The Experiential Company, LLC

location: California, USA