Terms and Conditions
Last updated November 30, 2019
Welcome to Ollo, operated by Cortical Interactive, Inc. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Ollo mobile application, our site, or any of our services (the "Service") operated by Cortical Interactive, Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service, including registering for an account, you agree to be bound by these Terms. If you disagree with any part of the terms, then you should discontinue use of the Service immediately.
We reserve the right to change these Terms at any time. We recommend that you periodically check the site and/or app for changes to our Terms. By accessing and/or using the Service after any updates to these Terms have been posted, you agree to be bound by the updated Terms.
When you create an account with us, you guarantee that you are above the age of 18, and you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
You also guarantee that the information you provide us is accurate, true, and current at all times. Inaccurate, false, misleading, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and any credentials, including but not limited to the restriction of access to your computer, phone, and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or credentials, whether your credentials is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We may terminate or suspend your account and restrict access to the Service immediately, without prior notice or liability to us, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon such termination, you will not be entitled to any refund for purchases.
If you wish to terminate your account, simply discontinue using the Service. If you have access to any part of the Service through a paid subscription or a free-trial offer, you will need to cancel your subscription thru your payment account method (e.g., iTunes, Google Play) to avoid additional billing.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or contacting us directly at firstname.lastname@example.org with your request.
You understand and agree that we are not responsible or liable for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT OUR SERVICE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. WE RESERVE THE RIGHT TO CONDUCT – AND YOU AGREE THAT WE MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
We reserve the right at any time to modify or discontinue, temporarily or permanently, any or all parts of our Service with or without notice and without liability to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).
Subject to your agreement with these Terms, Cortical Interactive, Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for personal, non-commercial purposes. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Cortical Interactive, Inc. and permitted by this Agreement.
You agree that this license does not grant you use or access to the Service in any automated or programmatic manner for the intention of manipulating, duplicating, scraping, hacking, spamming, or causing harm to other users or to Cortical Interactive, Inc.’s commercial interests, including actions that might inflict material harm to us or any of our partners.
Cortical Interactive, Inc. may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
By using the Service, you agree that you will NOT:
Cortical Interactive, Inc. reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that in inappropriate or unlawful, including actions or communications that occur on or off the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, adherence to these Terms, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Cortical Interactive, Inc. and its partners may publicly display advertisements and other information adjacent to your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Cortical Interactive, Inc. and its licensors. This includes, but is not limited to the design our app, logo, trademark, user interface design, original content, and other intellectual property. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cortical Interactive, Inc. You may not distribute, modify, transmit, reuse, download, repost, copy, or use our Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at firstname.lastname@example.org
Our Service may contain content, advertisements and links to third party websites or services that are not owned or controlled by Cortical Interactive, Inc.
Cortical Interactive, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Cortical Interactive, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Some parts of the Service are billed on a subscription basis ("Subscription(s)") or available as a one-time purchase (“in app purchases”). You will be billed in advance on a recurring and periodic basis ("Billing Cycle") for any Subscription(s). Payments may be made through iTunes, Google Play, or direct billing or other payment platforms as authorized by Cortical Interactive, Inc.
If you choose to make in app purchases, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Cortical Interactive, Inc. or the third party account, as applicable, to charge you.
If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (either Google Play or iTunes) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Ollo application from your device.
Cortical Interactive, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Cortical Interactive, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Cortical Interactive, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Users deciding to complete an in-app-purchase to become a “Backer” should be aware of and understand the additional terms and conditions:
Cortical Interactive, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Cortical Interactive, Inc. will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription(s) fees and in app purchases are non-refundable.
You agree to indemnify, defend, and hold Cortical Interactive, Inc. and it’s parties harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to your use of the Service and/or your interactions with other users of the Service, including, but not limited to, (i) your use or misuse of any geographic location information or any other part of the Service generally, (ii) any violation of the rights of any other person or entity by you, (iii) any breach or violation by you of these Terms or any law, regulation or guidance, or (iv) your use of the Service to communicate with or meet another user in-person or to locate and attend any offline place or event. Cortical Interactive, Inc. reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
In no event shall Cortical Interactive, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
CORTICAL INTERACTIVE, INC. PROVIDES THE APP “OLLO” AND RELATED SERVICES ("SERVICE") ON AN "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. CORTICAL INTERACTIVE, INC. AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (“CORTICAL INTERACTIVE, INC. PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. CORTICAL INTERACTIVE, INC. PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS, CURRENCY, OR NON-INFRINGEMENT OF THE SERVICE OR OF THE INFORMATION OR OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SERVICE. CORTICAL INTERACTIVE, INC. PARTIES DO NOT WARRANT THAT THE FUNCTIONS OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR RELATED SERVICES THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL CORTICAL INTERACTIVE, INC. PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF ANY OF THE SERVICE AND DAMAGES RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT CORTICAL INTERACTIVE, INC. PARTIES HAVE BEEN ADVISED OF SUCH POSSIBILITY AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE SERVICE SHALL BE TO TERMINATE YOUR USE OF THE SERVICE. IN NO EVENT SHALL CORTICAL INTERACTIVE, INC. PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO CORTICAL INTERACTIVE, INC. FOR USE OF THE SERVICE DURING ANY ONE MONTH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE MAY INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN INJURY OR ILLNESS, INCLUDING, BUT NOT LIMITED TO, DANGERS THAT MAY BE CAUSED BY THE ACTS OF OTHER USERS OR OTHER THIRD PARTIES, OR OCCURRENCES BEYOND THE CONTROL OF CORTICAL INTERACTIVE, INC. PARTIES. BY USING THE SERVICE, YOU ASSUME ALL SUCH RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS CORTICAL INTERACTIVE, INC. PARTIES FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES OR OTHER CLAIMS THAT IN ANY WAY ARISE FROM OR ARE RELATED TO YOUR USE OF THE SERVICE. THE SERVICE ARE INTENDED ONLY AS PERSONAL, GEOGRAPHIC LOCATION-BASED SERVICES FOR INDIVIDUAL USE. YOU ACKNOWLEDGE AND AGREE THAT CORTICAL INTERACTIVE, INC. HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE FOREGOING WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CORTICAL INTERACTIVE, INC., AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CORTICAL INTERACTIVE, INC.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
If you have any questions about these Terms, you may email us at email@example.com or by mail:
Cortical Interactive, Inc.
2472 Broadway Suite 358
New York, NY 10025