Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) form a binding agreement between you and Otter Auth, Inc. (“Otter Auth,” “we,” “us,” or “our”) and govern your access to and use of the Otter Auth authentication and device fingerprinting platform, including our website, dashboard, APIs, SDKs, and related services (the “Service”). By registering for an account, clicking to accept, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for the accuracy of the information you provide, for safeguarding your credentials, and for all activity that occurs under your account. Notify us promptly at security@otterauth.com of any suspected unauthorized access.

3. The Service

Otter Auth provides authentication, multi-factor verification, and passive device fingerprinting services that Customers integrate into their applications to authenticate end users and detect fraud. The Service is provided under a subscription plan selected through the dashboard or an executed order form. We may update the Service, including adding, modifying, or removing features, at our discretion; material reductions in functionality during a paid term will not apply to that term.

4. Customer Data and Processing

As between the parties, you own the data you or your end users submit to the Service (“Customer Data”). You grant Otter Auth a worldwide, non-exclusive license to process Customer Data solely to (a) deliver the Service, (b) prevent, detect, and respond to fraud, abuse, and security incidents, (c) maintain, improve, and secure the Service, and (d) comply with legal obligations. Our processing of personal information is further described in our Privacy Policy, and, where applicable, in our Data Processing Addendum.

You are responsible for (i) the lawfulness of Customer Data and the means by which you acquired it, (ii) providing required notices and obtaining required consents from your end users, and (iii) configuring retention, access, and security settings appropriate to your use case.

5. Acceptable Use

You will not, and will not permit any third party to:

• use the Service in violation of applicable law or the rights of any third party;
• use the Service to send spam, phishing, or other abusive communications;
• attempt to reverse-engineer, decompile, or derive the underlying source of the Service except where permitted by law;
• probe, scan, or test the vulnerability of the Service except under our published responsible-disclosure program;
• interfere with or disrupt the integrity or performance of the Service, including by circumventing rate limits or usage controls;
• use device fingerprinting data for advertising, profiling unrelated to security, or any purpose not authorized by the end user or applicable law;
• use the Service to build a competing product or benchmark performance without our written consent.

6. Fees and Billing

Paid plans are billed in advance on a monthly or annual basis according to the plan or order form you select. Fees are non-refundable except as required by law or expressly stated herein. Overages above plan-included volumes are billed at the rates shown on the pricing page in effect when the overage occurs. Taxes are your responsibility, excluding taxes on our net income. We may suspend access for non-payment after reasonable notice.

7. Term, Suspension, and Termination

These Terms take effect when you first accept them and continue until terminated. You may terminate your account at any time through the dashboard; we may suspend or terminate the Service if you materially breach these Terms, if continued provision creates a legal or security risk, or upon 30 days’ notice for convenience. Upon termination, your right to access the Service ends, and we will delete or return Customer Data in accordance with our Privacy Policy and retention schedule.

8. Confidentiality

Each party may receive non-public information of the other. The receiving party will protect it with the same degree of care it uses for its own confidential information (and no less than reasonable care), use it only to perform under these Terms, and disclose it only to personnel and advisors bound by confidentiality obligations.

9. Intellectual Property

Otter Auth retains all rights, title, and interest in and to the Service, including all underlying technology, software, models, and documentation. Feedback you provide about the Service may be used by us without restriction and without obligation to you. Except for the limited rights expressly granted, nothing in these Terms transfers intellectual property rights.

10. Warranties and Disclaimers

Each party represents that it has authority to enter into these Terms. Otter Auth will perform the Service with reasonable skill and care and in accordance with its documentation. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, OTTER AUTH DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL THREATS OR FRAUDULENT ACTIVITY WILL BE DETECTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS. EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO OTTER AUTH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You will defend and indemnify Otter Auth against third-party claims arising from (a) Customer Data, (b) your use of the Service in violation of these Terms or applicable law, or (c) your products or services, except to the extent caused by Otter Auth’s breach of these Terms. Otter Auth will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes such third party’s intellectual property rights, subject to customary exclusions and remedy options.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute not resolved informally within 30 days will be submitted to binding arbitration administered by JAMS in San Francisco, California, except that either party may seek injunctive relief in a court of competent jurisdiction. You and Otter Auth each waive any right to participate in a class action.

14. Changes to These Terms

We may modify these Terms from time to time. Material changes will be communicated via email or the dashboard at least 30 days before the effective date, unless a shorter period is required for legal or security reasons. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Miscellaneous

These Terms, together with any order form and our Privacy Policy and Data Processing Addendum, constitute the entire agreement between the parties. If any provision is held unenforceable, the remainder will continue in effect. Neither party may assign these Terms without the other’s consent, except to an affiliate or in connection with a merger or sale of substantially all assets. No waiver is effective unless in writing.

16. Contact

Otter Auth, Inc.
Email: legal@otterauth.com
Website: https://otterauth.com