Terms of Service
Last updated: December 7, 2022
THESE TERMS OF SERVICE ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND OIL SHELF APP, INC., SO PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, APP, OR ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE SET FORTH HEREIN, YOU MAY NOT USE THE WEBSITES, APP, OR ANY OF OUR SERVICES. WE SUGGEST YOU PRINT A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.
Oil Shelf App, Inc. (“Company,” “Oil Shelf,” “we,” “us,” or “our”) is here to simplify your essential oils inventory with the Oil Shelf mobile app, so you'll never run out of your favorite products again.
We respect our relationship with you, and we are committed to honoring it through our compliance with these Terms of Service. These Terms of Service govern your use of our services (“Services”), such as when you: (1) visit the website oilshelf.app or any website of ours that links to these Terms of Service of Service (“the “Websites”); (2) access the Oil Shelf productivity app (the “App“); and (3) engage with us in other related ways, including any sales, marketing, or events. The App is currently available for download through Apple’s App Store and Google’s Play Store (each, the “Store”). All our Services are owned, run, operated and managed by Oil Shelf App, Inc., a Texas corporation.
These Terms of Service are important, because they establish what you can expect from us as you use Oil Shelf’s Services, and what we expect from you. These Terms of Service reflect the way Oil Shelf’s business works, the laws that apply to our company, and certain things we’ve always believed to be true. As a result, these Terms of Service help define Oil Shelf’s relationship with you as you interact with our Services.
Understanding these terms is important because, by using our Services, you are agreeing to these Terms of Service. By using any of our Services, you indicate that you have read and understand these Terms of Service and agree to abide by them at all times.
If you are using our Services on behalf of any organization, you represent and warrant that you are authorized to accept these Terms of Service on such organization’s behalf (in which case, “you” and “your,” will refer to that organization), and that such organization agrees to indemnify you and us for violations of these Terms of Service.
Nothing in these Terms of Service will be deemed to confer rights or benefits on any third party.
Besides these Terms of Service, we also publish a Privacy Policy. We encourage you to read it to better understand how you can update, manage, export, and delete your information. You agree that our Privacy Policy also applies to your use of our Services.
1. Changes to these Terms of Service
We reserve the right to change or modify these Terms of Service and any policies or guidelines governing your use of our Services, at any time in our sole discretion. We may update these Terms of Service and Service-specific additional terms (1) to reflect changes in our Services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
Any such changes or modifications will be effective immediately upon posting of revisions on the Websites or through the App. Your continued use of our Services following the posting of such changes or modifications constitutes your acceptance thereof.
Therefore, you should frequently review these Terms of Service and all applicable policies or guidelines on the Websites or through the App in order to understand the Terms of Service applicable to your use of our Services. If you do not agree to any changes or modifications to these Terms of Service or to any applicable policies or guidelines on the Websites or the App, your sole recourse is to stop accessing and using our Services.
If we materially change these Terms of Service or Service-specific additional terms, we will provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. As stated above, if you do not agree to the new Terms of Service or Service-specific additional terms, you should remove your content and stop using the Services. You can also end your relationship with us at any time by closing your Oil Shelf Account.
2. Privacy
We believe strongly in user privacy. Please refer to our Privacy Policy (“Privacy Policy”) for information on our privacy practices. Your use of our Services signifies your acknowledgment of, and agreement to, the Privacy Policy. If you are a resident of any country outside the United States, you understand and agree that we will store and process your personal information on computers located in the United States, and that by providing any information to us, you consent to the transfer of such information to the United States.
3. Minors
In order to create an Oil Shelf Account, you must be 18 years of age or older. By using the Websites, the App, or our Services, you warrant that you are 18 years of age or older and have the legal authority to enter into this Terms of Service, our Privacy Policy, and all policies and guidelines incorporated by reference herein.
4. Your Account
We require you to register and create an account in order to use our Services. To create an account, you must register online by providing your email address and a password.
You are solely responsible for all materials and information that you upload, post or otherwise transmit via the Services. Only you may use your Oil Shelf account and you are responsible for your Account. Please also refer to our Acceptable Use Policy mentioned in Section 8 below.
If you become aware of any unauthorized use or access of your account, or have any account related questions, please contact Oil Shelf Support at support@oilshelf.app.
5. Account Terms of Service
You represent and warrant that you: (a) are authorized to our Services; (b) all of your registration, account and payment information is true, accurate and complete at all times; (c) you will maintain the security of your password; and (d) you accept all responsibility for all activity that occurs under your user name. Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your Oil Shelf Account or suspension of your Oil Shelf Account without, if applicable, any refund.
You acknowledge and agree that you may only access and use our Services for lawful purposes and in accordance with any use or account restrictions defined in these Terms of Service or imposed by our Services.
You get to choose your email address(es) when you register for an Oil Shelf Account. If it is a personal email account, you solely will have the right to control it. If, however, your organization provided you with your account, you understand that such organization has rights to your account and may: (i) manage your account (including suspending or canceling it); (ii) reset your password; (iii) view your usage and profile data, including how and when your account was used; and (iv) manage the Content (as defined below) in your account. If you are the primary contact and/or administrator of your organization’s relationship with Oil Shelf, you acknowledge and agree that all users you authorize to access Oil Shelf on behalf of your organization have reviewed and will comply with all Terms of Service herein.
6. Content
You may post and/or submit reviews, comments, suggestions, ideas, information and/or other content (“Content“) to the Websites or on the App so long as such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. We reserve the right (but do not have the obligation) to remove or edit such Content. We do not regularly review posted Content. If you do post Content, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.
You grant us and our sub-licensees the right to use the name that you submit in connection with such Content if we or they choose. You represent and warrant that: (a) you own or otherwise control all of the rights to the Content that you post and/or submit;
(b) the Content is accurate; (c) the use of the Content you post and/or submit does not violate these Terms of Service; and (d) the Content will not cause injury to any person or entity. We have the right, but not the obligation, to monitor and edit or remove any activity or Content. We take no responsibility and assume no liability for any Content posted by you or any third party.
7. Data Security
While we take reasonable measures to safeguard your Content, you are solely responsible for maintaining a backup of all of your Content outside of the Service that is readily available to you at all times in case of any loss, erasure or destruction of your Content stored on the Services.
In particular, we are not responsible for any delays, problems or other issues that may arise during the process when you sync up the Services across various platforms, such as your smartphone, iPad and/or any laptop or desktop through which you access the Services. We do not control those devices and cannot ensure their safety or the security of your Content available through those devices, including, without limitation, any unauthorized access by anyone using those devices with or without your consent.
You acknowledge and understand that we rely on third party providers to provide us and users of our Services, including you, various security and encryption measures reasonably necessary to safeguard your Content. We have listed the measures that we currently take on the Websites and/or App merely for illustration purposes. We do not warrant their availability at all times or their efficacy. Our respective vendors are solely responsible for the security measures they provide. Your sole remedy for any security incident affecting your Content would be against them and not us.
Please be aware that we do not and cannot guarantee that our privacy and data security policies and practices will comply with or conform to any minimum or higher privacy or data security standards that may be imposed on any materials or other content you store on Oil Shelf. You are solely responsible for complying with such policies and practices, and you acknowledge and agree that Oil Shelf will not be liable in the event your use of Oil Shelf does not comply with such policies and practices. You are solely responsible for verifying and ensuring that our systems meet any such requirements imposed on you by applicable law, regulations, governmental, court or regulatory orders, or custom or usage of trade. We are not responsible for any resulting consequences you may face if our systems or our service is found not to meet those specific legal, regulatory or governmental standards, except to the extent we otherwise expressly state in our Privacy Policy or these Terms of Service.
8. Acceptable Use Policy
You agree that you will not, nor will you encourage others or assist others, to: (a) harm the Services or use the Services to harm, threaten or harass others; (b) build a similar or competitive service or website using information or other materials accessible only to those who create an account with Oil Shelf; (c) damage, disable, overburden, or impair the Services (or any network connected to the Services); (d) resell or redistribute the Services or any part of them; (e) probe, scan or test the vulnerability of any system or network related to the Services; (f) breach or otherwise circumvent any security measures or authentication protocols, including any authorized third party payment network protocols used by or through us; (g) use any authorized means, or any automated process or service (such as a bot, spider, or periodic caching of information stored on Oil Shelf) to modify, reroute, or gain access to or use of the Services or attempt to carry out any of these activities; (h) use the Services beyond the features or functionality allocations and amounts or storage space limits provided in your specific Services or in violation of Section 107 of the US Copyright Act (i.e., Fair Use Doctrine); (i) use the Services to violate any law or distribute malware, malicious, unlawful, indecent or pornographic Content; (j) distribute, post, share information or Content you don’t have the right to or is illegal; or (k) violate the privacy or infringe the rights of others.
You also agree to comply at all times with all laws, regulations, government, court and regulatory orders, notifications, customs and usage of trade as may be applicable to you and your use of the Services.
In particular, you will not create or store any Content on Oil Shelf if such creation or storage would result in breach of your legal or regulatory obligations and may expose us to any legal or regulatory action, investigation, penalty, fine or suspension.
9. Copyright
The Websites, the App, and our Services - and all content and other materials on the Websites, the App, and our Services - including, but not limited to, the “Oil Shelf” effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials“) are our property or that of our licensors or users and are protected by United States and/or international copyright laws.
10. Trademark
“Oil Shelf”, the “Oil Shelf” logo, and any other product or service names or slogans contained on the Websites, the App, and our Services (including, without limitation, App Store, Play Store, iCloud, Facebook, Google, Apple, Evernote, Adobe or Dropbox) are trademarks of Oil Shelf App, Inc., or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Oil Shelf or the applicable trademark holder.
You may not use any metatags or any other “hidden text” utilizing “Oil Shelf” or any other name, trademark or product or service name of Oil Shelf without our prior written permission.
In addition, the look and feel of the Websites, the App, and our Services - including all page headers, custom graphics, button icons and scripts - is the service mark, trademark and/or trade dress of Oil Shelf and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Websites, the App, and our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
11. Limited License and Restrictions
We grant you a limited, non-sublicensable, non-exclusive, and revocable license to access and make use of the Websites, the App and the Materials solely in accordance with, and subject to, these Terms of Service (including any additional terms incorporated by reference) and any other of our policies and guidelines as posted on the Websites, the App, the Services, or the Store.
Except as otherwise expressly permitted by these Terms of Service, you may not: (a) collect, use, copy or distribute any portion of the Websites, the App, our Services, or the Materials; (b) resell, publicly perform or publicly display any portion of the Websites, the App, our Services, or the Materials; (c) modify or otherwise make any derivative uses of any portion of the Websites, the App, our Services, or the Materials; (d) use any “deep-link,” “page scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Websites, the App, and our Services; (e) use the Websites, the App, our our Services in a manner which results in the depletion of the Websites’ infrastructural resources or of the App’s infrastructural resources; (f) download (other than page caching) any portion of the Websites, the App, our Services, or the Materials, or any information contained therein; or (g) use the Websites, the App, our Services, or the Materials other than for their intended purposes.
12. Third Party Sites and Content
The Services contain links to third-party websites and third-party plug-ins (e.g., Facebook, Google, and Apple). The Services also allow you to integrate with third-party services and apps. If you choose to use these websites, plug-ins, or services, you may disclose your information not just to those third parties, but also to their users and the public more generally depending on how their services function. Similarly, if you use a third-party app that works in connection with your Oil Shelf Services, you acknowledge that information may be shared with the third-party app during the connection that is necessary for the connection to function (e.g., information about how you use your Oil Shelf Service).
If you choose to use these services and initiate these connections, Oil Shelf is not responsible for the content or practices of such third-party websites or services. The inclusion of these third-party websites, plug-ins, and services are provided solely as a convenience to our users, including you, and do not imply affiliation, endorsement, approval, control, or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for, such third-party websites, plug-ins, and services, or for the quality, accuracy, nature, ownership or reliability thereof. When you leave the Websites or the App, you should be aware that our Terms of Service, our Privacy Policy, and any other of our policies no longer govern. The collection, use, and disclosure of your information will be subject to the terms and policies of the third-party websites or services, and not our Terms of Service and policies. Users, including you, may use these links to third-party websites, plug-ins, and services contained therein at their own risk. We urge you to carefully read the Terms of Service, Privacy Policy, and all other policies of these third parties. You hereby acknowledge and agree that Oil Shelf shall not have any liability with respect to any third party’s data breaches.
13. Third Party Products and Services
We may provide information or links to third party products or services on the Websites or the App (e.g., Young Living’s website, the Life Steps app, etc.). Your business dealings or correspondence with these such links to third parties and any terms, conditions, warranties or representations associated with such links to third parties, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or correspondence, or as the result of the presence of such third party information or links on the Websites or the App.
14. Help Tours, Samples and Other Support
From time to time, we may provide help tours and other support (collectively, “Support”) to enhance your experience using the Websites, the App, and the Services. You agree that such Support is provided solely as a matter of convenience and for illustration purposes only and does not guarantee or warrant any specific user experience and is not intended to demonstrate, promise or represent the presence or absence of any features in the Websites, the App and the Service.
You agree to customize the Services to suit and tailor them to your individual and/or organizational needs, and you will be solely responsible for all such use. You agree to rely on Support solely to explore the ways and manner in which you may use the Services and to understand their possible uses to satisfy your needs.
If you use the App or the Services, or any portion of them, for purposes of storage, move, or travel, you will take adequate precautions to ensure that you retain all relevant data (including copies thereof) in your possession, outside of and independent of the Websites and the App, specifically to protect yourself against loss or erasure of data or its unavailability in the event the Websites, the App or the Services are unreachable or non-functional.
15. DISCLAIMER OF WARRANTIES
THE WEBSITES, THE APP, THE SERVICES, THE MATERIAL, AND THE SUPPORT, AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, THE APP OR THE STORE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING.
WE DO NOT WARRANT THAT THE WEBSITES, THE APP, THE MATERIALS, THE SUPPORT OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES OR THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY, OR SECURITY OF THE WEBSITES, THE APP OR THE SERVICES.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE WEBSITES, THE APP, THE MATERIALS, THE SUPPORT, AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES OR THE APP WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING:
(A) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (B) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (C) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; (D) ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY; (E) ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND (F) THAT THE WEBSITES, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES OR THE APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
16. LIMITATION OF LIABILITY
IN NO EVENT WILL OIL SHELF OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES, THE APP, THE MATERIALS, THE SUPPORT, AND/OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES OR THE APP, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES, THE APP, THE MATERIALS, THE SUPPORT, AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES OR THE APP EXCEED THE LESSER OF (A) AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE WEBSITES OR THE APP (NOT YOUR PAYMENT FOR ANY SERVICE OR PRODUCTS PROVIDED BY US), AND (B) $10. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
17. Indemnification and Release
You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the “Indemnified Parties“) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against any Indemnified Parties, whether successful or not, resulting from or arising in connection with: (a) your use of the Websites, the App, the Materials, the Support and/or the Services; (b) your negligent or willful misconduct; (c) any breach by you of these Terms of Service (including, but not limited to, any breach of any of your representations or warranties); and/or (d) any Content you upload to, posted on, create on, transmit through or link from the Websites or the App.
18. Confidentiality
During your use of the Services, we may share information that is confidential, sensitive, or is intended to be kept secret. Similarly, we agree that your Content, account information, and payment information is confidential to you. Also, any materials either of us shares that are labeled “confidential” (or something similar) or communicated (in writing or via email) as confidential or may be understood to be so by a reasonable person, such materials would also be deemed confidential information.
Confidential information, however, will not include information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had a right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information. The same applies to any information that we disclose to you that falls in any of these categories.
You and we agree that: (i) confidential information will remain the property of its owner;
(ii) we will treat each other’s confidential information with the same degree of care that we treat our own confidential information but, in any event, with no less than a reasonable degree of care; (iii) we will use each other’s confidential information only in connection with these Terms of Service and the Services; (iv) we will share confidential information only on a “need to know” basis with those who agree in writing to maintain its confidentiality in a similar manner; and (v) we will not share any confidential information with any third party except as allowed by these Terms of Service, our Privacy Policy, or through our Services.
19. Suspension and Termination of the Service
Notwithstanding any terms to the contrary in these Terms of Service, we reserve the right, without notice, without liability to you, and in our sole discretion, to suspend or terminate your access to the Services at any time in our sole discretion, and/or any of your rights under these Terms of Service (including, but not limited to, your right to use the Websites, the App and the Services) and to block or prevent your access to and use of the Websites, the App, and the Services for any or no reason. We also reserve the right to deactivate, change and/or require you to change any Oil Shelf email address or password used in connection with the Services.
You understand that if your Oil Shelf account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.
Upon termination, you may request access to your Content, which we will make available, except in cases where we have terminated your Oil Shelf Account due to your violation of these Terms of Service or our Acceptable Use Policy mentioned in Section 8 above. You must make such a request within 14 days following termination. Otherwise, any Content you have stored with the Service may not be retrievable, and we will have no obligation to maintain Content stored in your account after this 14-day period.
20. Service Updates
We reserve the right to make necessary deployments of changes, updates or enhancements to the Services at any time. We also may add, remove, upgrade, or downgrade any functionality or features, or we may suspend or stop the Services altogether at any time.
21. Electronic Communications
Notwithstanding any terms to the contrary in these Terms of Service, Oil Shelf may choose to electronically deliver all communications with you, which may include: (a) email to your email address indicated in your communications with Oil Shelf or upon registration with, or use of, the Websites, the App, or the Support; or (b) posting messages that are displayed to you when you log-in to or access the Websites, the App or the Support.
Oil Shelf’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms of Service, any notices required under applicable law, and any other notices.
You agree to do business electronically with Oil Shelf, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing.
An electronic notice will be deemed to have been received when the email is sent to you. If you don’t consent to receive notices (other than promotional materials) electronically, you must stop using the Services.
22. Notices and Procedure for Making Claims of Copyright Infringement
If you believe that anything on the Websites or the App infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent by mail as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement:
John Critz
Address of Designated Agent to Which Notification Should be Sent:
Oil Shelf App, Inc.
409 N. Oak St.
Suite 110
Roanoke, Texas 76262
United States
To be effective, the notification must be a written communication that includes the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Websites, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records, if any.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Oil Shelf has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Oil Shelf, account holders who are deemed to be repeat infringers. Oil Shelf may also at its sole discretion limit access to the Websites, the App and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
23. Subscriptions; Fees; Automatic Renewals
Oil Shelf provides the Services under both a free trial and under paid plans, which may include different features and functionalities (“Subscriptions”).
Oil Shelf offers a free trial to individual users for the purposes of testing out the features and functionalities offered by Oil Shelf. We believe that a free trial will enable our users to realize the value of our intuitive inventory management system. Please note that Oil Shelf reserves the right to discontinue free trials at any time. If we do, and your account with us is affected, you may convert to a paid Subscription in order to continue using the Services or discontinue use of the Services under the free Subscription by the date provided.
Oil Shelf offers premium, paid Subscriptions through the App. If you sign up for a paid Subscription, you agree to pay any and all applicable fees (“Fees”) presented to you at the time you enroll in a Subscription. If you sign up for a Subscription through the Store, please note that we and/or the Store reserve the right to change the quoted currency and the price at any time.
In addition to any Fees, you may still incur charges incidental to using the Services, for example, charges for currency exchange settlements, Internet access, data roaming, and other data transmission charges. You are also responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements). The Store may calculate taxes payable by you based on the billing information that you provide us at the time of subscription.
Subscriptions will automatically renew at the end of the applicable period, unless you cancel or downgrade your account (as applicable) before the end of the applicable period in accordance with these Terms of Service.
If you do not wish your Subscription to renew automatically, you either (i) need to manage your Subscription through the App or Store, as applicable, or (ii) by contacting us at support@oilshelf.app. You acknowledge and agree that deleting the App off of your device without following the process described in this subsection will not terminate the automatic renewal for your Subscription.
We reserve the right to change our Fees at any time at our sole discretion. We will notify you in advance, either through the Websites, the App, the Store or to the email address you have most recently provided to us, if we change the Fees applicable to your Subscription. If there is a specific length and price for your Subscription, the Fees will remain in force at that rate for that time. After the offer period ends, you will be assessed the modified Fees, and your use of the Services will be charged at the new price. If your Subscription is on a period basis (for example, monthly or annual) with no specific term, we will notify you of any change in Fees at least 30 days in advance, unless a shorter period is specified by the Store. If you don’t agree to these changes, you must cancel and stop using the Service by sending us an email (with cancellation confirmation from a Oil Shelf representative or agent) no later than 30 days prior to the conclusion of your current payment term, whether monthly, annual, or otherwise.
For all Subscriptions for which you are charged Fees, you agree that you: (a) are required to have an Oil Shelf account for each user; (b) will only receive the features and functionality that are included in the specific subscription plan that you have purchased; (c) are responsible for setting your configurations of your specific Service; and (d) are responsible for managing all of your devices and/or systems that you use to access your specific Service.
25. Billing, Payments, and Refunds
At this time, Oil Shelf does not provide any payment gateway or handle any payment processes for any users of the App, including you. The entire billing and payment process is handled by the Store (once you download the App through the Store). You must comply with the payment terms and other instructions, as specified on the Store, as well as any other terms stated on the Websites, the App, or in these Terms of Service. Without limiting the foregoing, and only by way of explanation, you must be authorized to use the payment method that you enter when you create a billing account. You authorize the Store to charge you for the Services using your payment method and for any paid features of the Services that you choose to sign up for or use while these Terms of Service or any Store terms are in force.
We typically bill in advance on a recurring monthly basis for Subscription. Also, the Store may charge you up to the amount you have approved and may choose to notify you in advance of the difference for recurring Subscriptions.
You must keep all information in your billing account current. You may access and modify your billing account information (including your payment method), or modify or cancel your Subscription through the Store. If you choose to downgrade your Subscription, you may lose access to the features or functionalities of your previous Subscription for the remainder of the Subscription term. If you choose to cancel your Subscription, you may be required to delete your account, after which you will not be able to access the Services. Canceling the Services will not result in any refunds whatsoever for any remainder of your subscribed term. You will not be charged for a subsequent renewal if you have timely canceled your Subscription at least 30 days in advance for monthly plans.
Payments for all premium features are due at the time you sign up for them, unless we expressly agree otherwise in writing on a case-by-case basis. You retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 7 days (unless another period is specified by the Store), your Oil Shelf Account will be deactivated. Moreover, after 6 months, all your Oil Shelf data will no longer be retrievable.
Except as specifically set forth in this section, all Subscriptions are prepaid for the period selected (monthly, annual or otherwise) and are non-refundable. This includes accounts that are renewed, automatically or manually.
Except as prohibited by law, the Store may assess a late charge if you do not pay on time. You must pay these late charges when the Store bills you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate permitted by law, unless the Store specifies a higher interest rate. The Store may use a third party to collect past due amounts. You must pay for all reasonable costs the Store incurs to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. The Store may suspend or cancel your Service if you fail to pay in full on time.
As stated above, we do not provide a payment gateway or store any of your payment details, including any credit card details. Your payment details are stored on the Store in conformance with the Store’s policies, as they may be updated from time to time. In addition to complying with these Terms of Service and other of our applicable policies, you are required to comply with all our third party provider policies from time to time. In the event of any conflict between our policies and those of any third party provider, the most restrictive policies will bind you.
24. Trials
From time to time, in our sole discretion, we may offer trial or pilot Subscriptions or other access to some of the features and functionalities of Service on a trial or pilot basis. We reserve the right to modify or alter the offerings (including any and all features and functionalities) of trial or pilot Subscriptions at our sole discretion. You may cancel at any time until the last day of your trial.
You may be required to provide a payment mechanism as a condition of your trial or pilot Subscription. After the trial period expires, your trial or pilot Subscription may convert automatically to a paid Subscription unless you cancel prior to the last day of your trial.
26. Miscellaneous
These Terms of Service and your use of the Websites, the App, the Support and the Services will be governed by and construed only in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without resort to its conflict of law provisions.
You agree that any action at law or in equity arising out of or relating to these Terms of Service will be filed only in the state and federal courts located in Denton County, Texas. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service. However, you agree that Oil Shelf may apply for injunctive remedies in any jurisdiction worldwide.
We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms of Service.
None of your rights or duties under these Terms of Service may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Terms of Service.
Subject to the foregoing, these Terms of Service will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
If any provision of these Terms of Service is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms of Service will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms of Service is not affected in any manner adverse to any party.
Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms of Service so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
If you are a U.S. government entity or if these Terms of Service otherwise become subject to the Federal Acquisition Regulations (FAR), you acknowledge that elements of the Services constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government users as a commercial computer software subject to the restricted rights described in 48 C.F.R. 1.101 and 12.212.
27. Reports
If you believe there is a violation of these Terms of Service and you would like to report it to us, please direct the information to Oil Shelf Support at support@oilshelf.app. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms of Service or other applicable agreements between us and the alleged violator of the Terms of Service and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.
