I: Introduction
Welcome to Otsy! Otsy Inc. (“Otsy,” “we,” “our,” or “us”) is pleased to provide you with access to our innovative social media and travel application, which allows users to discover, purchase, and share travel experiences with others. Our app combines the best features of popular social media platforms like TikTok with the convenience of online travel booking sites like Expedia.
By accessing or using the Otsy app, you agree to be bound by the terms and conditions of this terms of service agreement (the “Agreement”). This Agreement governs your use of the Otsy app and any related services, including any content, features, or functionality that may be made available by Otsy Experiences from time to time.
Please read this Agreement carefully before using the Otsy app. By using the app, you represent and warrant that you have read, understand, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, you may not access or use the Otsy app.
Thank you for using Otsy!
II: Acceptance of Terms
By accessing or using our Services, you confirm that you can form a binding contract with Otsy, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. This Agreement governs your use of the Otsy app and any related services, including any content, features, or functionality that may be made available by Otsy from time to time.
You acknowledge that you have read and understand this Agreement, and that it constitutes a binding legal agreement between you and Otsy. If you do not agree to be bound by this Agreement, you may not access or use the Otsy app.
You represent and warrant that you are of legal age to form a binding contract with Otsy and are not a person barred from using the Otsy app under the laws of the United States or any other applicable jurisdiction.
By accepting this Agreement, you also consent to Otsy’ collection, use, and disclosure of your personal information and other data in accordance with our Privacy Policy, which is incorporated into this Agreement by reference.
If you are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you may not access or use the Otsy app.
III: User Accounts
To use certain features of the Otsy app, you may need to create a user account. When you create a user account, you agree to provide accurate, complete, and up-to-date information about yourself as prompted by the registration process, and to maintain and promptly update your information to keep it accurate, complete, and up-to-date.
You are responsible for maintaining the confidentiality of your user account login credentials, and for all activities that occur under your account. You agree to immediately notify Otsy of any unauthorized use of your account or any other breach of security related to the Otsy app.
You may not use anyone else’s account without their permission. Otsy reserves the right to suspend or terminate your account if we suspect that you have violated any provision of this Agreement or if we determine that your account has been compromised or used for fraudulent purposes.
You may delete your user account at any time by contacting Otsy customer support. When you delete your account, we will delete all of the information associated with your account, including your personal information in accordance with our Privacy Policy. Transactional data may be saved for up to seven years as per law requirements.
Otsy reserves the right to suspend or terminate your access to the Otsy app or any related services at any time, for any reason, and without notice, including if we believe that you have violated this Agreement or if we are required to do so by law.
III: Use of Application
You may use the Otsy app only for lawful purposes and in accordance with this Agreement. By using the Otsy app, you agree:
To comply with all applicable laws, rules, and regulations;
To use the Otsy app only for your own personal use;
Not to use the Otsy app to transmit any content that is infringing, libelous, defamatory, obscene, or otherwise objectionable;
Not to use the Otsy app in any way that could damage, disable, overburden, or impair the Otsy app or interfere with anyone else’s use of the Otsy app;
Not to attempt to gain unauthorized access to the Otsy app, user accounts, or computer systems or networks connected to the Otsy app;
Not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Otsy app, use of the Otsy app, or access to the Otsy app without Otsy’ express written permission;
Not to use the Otsy app to collect, store, or disclose any personal information about any other user without their express written consent; and
To comply with all instructions, policies, and guidelines of Otsy related to your use of the Otsy app.
You acknowledge that Otsy has the right to investigate and prosecute any violations of this Agreement to the fullest extent of the law. Otsy may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
IV: Payment Processing
Otsy uses Stripe Payment Gateway to process payments for experiences booked on the mobile application. By using the Otsy app, you agree to comply with Stripe’s Terms of Service and Privacy Policy.
All payments made through the Otsy app are made directly to Otsy Inc. Otsy Inc. is responsible for remitting payment to Viator for the experiences booked on the mobile application.
You agree to provide accurate and complete payment information when making a booking through the Otsy app. If the payment information provided is inaccurate or incomplete, Otsy reserves the right to cancel the booking and to suspend or terminate your account.
You acknowledge that payments made through the Otsy app may be subject to additional fees or taxes imposed by third-party payment processors or other parties involved in the payment processing chain. Otsy is not responsible for any such fees or taxes, and you agree to indemnify and hold Otsy harmless from any liability arising from your failure to pay such fees or taxes.
Otsy reserves the right to modify or discontinue any payment processing service offered through the Otsy app at any time, without notice or liability to you or any third party. Otsy also reserves the right to refuse service, terminate accounts, or cancel bookings in its sole discretion, including, without limitation, in the event of suspected fraud, unauthorized use of a payment method, or other unlawful activity.
V: Future Features
Our app may introduce new features or functionalities in the future. While we strive to keep you informed about these updates, we reserve the right to modify, add, or remove features at our discretion. The availability of new features will be subject to the Terms of Use in effect at the time of their release.
We will provide updates on these changes through the app or via other communication channels. By continuing to use the app after new features are introduced, you agree to adhere to any updated terms related to these features.
VI: Creator Fund
Otsy offers a creator funds feature that allows users to earn commissions when other users book experiences through their posts on the mobile application. To participate in the creator funds feature, users must opt-in and agree to the following terms:
Users must provide accurate and up-to-date information when setting up their creator funds account, including their PayPal account information.
Commission payments will be made directly to the user’s PayPal account within a reasonable time after the booking is complete.
Users may only earn commissions for bookings made through their posts on the Otsy app.
Otsy reserves the right to modify or terminate the creator funds feature at any time, with or without notice or liability to you or any third party.
Users may withdraw their available commissions from the creator funds feature at any time by logging into their account and initiating a withdrawal request.
Users agree to provide accurate and up-to-date information to Trolly, our third-party service provider, which manages the tax information and other private information required for the creator funds feature.
Users are solely responsible for any taxes, fees, or other charges associated with their participation in the creator funds feature, and Otsy assumes no liability for any such charges.
Users must comply with all applicable laws and regulations regarding the reporting and payment of taxes on commission earnings from the creator funds feature.
By participating in the creator funds feature, users agree to be bound by these terms and any other applicable terms and policies related to the feature. Otsy reserves the right to withhold commission payments or terminate a user’s participation in the creator funds feature if they violate any of these terms or engage in any fraudulent or abusive behavior related to the feature.
VII: Experiences
The Otsy mobile application (“Application”) provides users with access to travel experiences and activities from a variety of third-party vendors, primarily through user-generated posts that link to the associated experience. These experiences are provided through an integration with Viator, a third-party provider of travel activities, tours, and experiences.
Users also have the ability to search for experiences directly within the Application using our search feature. While we strive to provide accurate and up-to-date information about the experiences available through the Application, we do not guarantee the accuracy, reliability, or completeness of the information provided.
When a user books an experience through the Application, payment will be processed through our payment gateway provider, Stripe, and we will pay the associated vendor for the experience booked. We are not responsible for any issues or disputes that may arise between users and the vendors providing the experiences.
Users acknowledge and agree that Otsy Inc. is not responsible for the quality, safety, or legality of any experiences or activities provided by third-party vendors through the Application. Users participate in these experiences at their own risk and should use their own judgment and caution when doing so.
Otsy Inc. reserves the right to remove or modify any experiences or activities provided by third-party vendors through the Application at any time and without notice.
VIII: User Content
As a user of the Otsy mobile application, you may have the ability to post, upload, publish, submit or transmit content, including but not limited to text, photos, videos, and other materials (“User Content”). By posting or submitting User Content on the Otsy mobile application, you grant Otsy Inc. a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Otsy mobile application and Otsy Inc.’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to Otsy Inc. the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Otsy Inc.’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Otsy Inc. may, but has no obligation to, monitor, review, or edit User Content. In all cases, Otsy Inc. reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Otsy Inc.’s sole discretion, violates these Terms. Otsy Inc. may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You understand and acknowledge that you are solely responsible for all User Content that you make available through the Otsy mobile application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to Otsy Inc. the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Otsy Inc.’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree that Otsy Inc. is not responsible for any User Content, including its legality, reliability, accuracy, completeness or quality. Otsy Inc. reserves the right to remove any User Content from the Otsy mobile application at any time, without prior notice and without liability to you.
By submitting User Content to Otsy Inc., you hereby grant Otsy Inc. a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Otsy mobile application and Otsy Inc.’s business, including without limitation for promoting and redistributing part or all of the Otsy mobile application (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Otsy mobile application a non-exclusive license to access your User Content through the Otsy mobile application, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Otsy mobile application and under these Terms.
You acknowledge and agree that Otsy Inc. may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Otsy Inc., its users and the public.
Otsy Inc. does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Otsy Inc. expressly disclaims any and all liability in connection with User Content.
IX: Intellectual Property
All intellectual property rights in the Otsy mobile application and its content, including without limitation trademarks, logos, copyrights, patents, trade secrets, and other proprietary rights, belong to Otsy Inc. or its licensors, and are protected by applicable intellectual property laws.
You agree that you will not use any of Otsy Inc.’s intellectual property, including without limitation any trademarks, logos, or copyrighted material, in any manner that is likely to cause confusion or that disparages or discredits Otsy Inc. or its licensors.
You retain ownership of all intellectual property rights in the User Content that you post to the Otsy mobile application. However, by making any User Content available through the Otsy mobile application, you grant to Otsy Inc. a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Otsy mobile application and Otsy Inc.’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to Otsy Inc. the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Otsy Inc.’s use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
X: Data Privacy
At Otsy Inc., we take your data privacy very seriously. We are committed to protecting your personal information and ensuring that it is collected, used, and stored securely and in accordance with applicable data protection laws.
Information We Collect
When you use the Otsy mobile application, we may collect certain personal information from you, such as your name, email address, payment information, and location data. We may also collect information about your device and how you use our mobile application.
How We Use Your Information
We may use your personal information for a variety of purposes, including to:
Provide and improve our mobile application and services
Process payments and bookings
Communicate with you about your account and bookings
Send you marketing communications, if you have opted-in to receive them
Comply with applicable laws and regulations
We may also aggregate and anonymize your personal information to use for statistical purposes, such as analyzing user behavior and improving our mobile application and services.
Sharing Your Information
We may share your personal information with third-party service providers who help us operate our mobile application and provide our services, such as payment processors, hosting providers, and customer support services. We may also share your information with our partners, such as Viator, for the purpose of providing you with relevant experiences.
We will never sell your personal information to third parties for their own marketing purposes.
Your Rights
You have certain rights with respect to your personal information, including the right to access, correct, and delete your personal information. You may also have the right to object to certain types of processing, such as direct marketing.
To exercise your rights, please contact us at hello@otsy.com
Data Retention
We will retain your personal information for as long as necessary to provide you with our services and as required by applicable laws and regulations. We may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Security
We take reasonable measures to protect your personal information from unauthorized access, use, or disclosure. However, no data transmission over the internet or electronic storage system can be guaranteed to be 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.
Updates to this Policy
We may update this Data Privacy section from time to time to reflect changes in our practices and applicable laws. We encourage you to review this section periodically for the latest information on our data privacy practices.
If you have any questions about our data privacy practices or this section, please contact us at hello@otsy.com.
XI: Disclaimers of Liability
YOU ACKNOWLEDGE AND AGREE THAT Otsy INC., ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Otsy INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF OR INABILITY TO USE THE Otsy MOBILE APPLICATION OR SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Otsy MOBILE APPLICATION, OR ANY OTHER MATTER RELATING TO THE Otsy MOBILE APPLICATION OR SERVICES.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Otsy MOBILE APPLICATION AND SERVICES IS AT YOUR SOLE RISK. THE Otsy MOBILE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Otsy INC. AND ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Otsy INC. AND ITS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE Otsy MOBILE APPLICATION OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE Otsy MOBILE APPLICATION OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Otsy MOBILE APPLICATION OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Otsy MOBILE APPLICATION OR SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE Otsy MOBILE APPLICATION OR SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Otsy MOBILE APPLICATION OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Otsy INC. OR THROUGH OR FROM THE Otsy MOBILE APPLICATION OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
XI: Governing Law
These Terms and any action related thereto will be governed by and construed in accordance with the laws of the state of Nevada, without regard to its conflict of laws provisions.
Any dispute arising from or related to these Terms or your use of the Otsy mobile application will be subject to the exclusive jurisdiction of the state and federal courts located in Nevada, and you hereby submit to the personal jurisdiction of such courts.
Notwithstanding the foregoing, Otsy Inc. may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
XI: Termination
Otsy Inc. may terminate or suspend your access to the Otsy mobile application, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms.
Upon termination, your right to use the Otsy mobile application will immediately cease. If you wish to terminate your account, you may simply discontinue using the Otsy mobile application.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Otsy Inc. reserves the right to refuse service to anyone for any reason at any time.
If you have any questions about the termination of your account or the Otsy mobile application, please contact us at (888) 300-4561
