Otium Creations is an application development company. Our goal is ensuring technology enhances and benefits human life and productivity. Through creative problem solving, and consistent, humble, acquisition of knowledge and skills, technological evolution can be innovative, creative, and authentic to human life.
Our initial product, Atlas, is an AI-powered emotional intelligence and productivity platform, along with related applications and services (collectively, the "Services").
By creating an account, accessing, or using our Services, you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree, you must not use our Services.
Minimum age required:
Certain features may be subject to additional terms, guidelines, or rules ("Supplemental Terms"). All Supplemental Terms are incorporated by reference into these Terms.
To access certain features, you must create an account by providing:
You are solely responsible for:
We recommend:
We may suspend or terminate your account if:
You may delete your account at any time through account settings. Upon deletion:
Upon termination:
You may access and use our Services only in compliance with these Terms, including our Acceptable Use Policy. You are fully responsible for all activity under your account through which you access our Services.
You agree not to:
The Services are controlled from South Africa. We make no representation that the Services are appropriate or available in other locations. Access from territories where the Services are illegal is prohibited.
You may be allowed to engage with our Services in variety of formats (we call these "Inputs"), and when required the Services may generate a response (these are called "Outputs"), or enable the Services to take action your behalf (we call these "Actions"). However, the artificial intelligence technology used in our Services are provided by ("Third Party") services.
You retain all rights to the content, data, and information you provide to the Services ("Inputs"). By providing Inputs, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and analyse Inputs solely to:
Content generated by the Services ("Outputs") is provided "as-is" without warranties. You understand that:
Our Services utilize artificial intelligence technology, including models from third-party providers such as Anthropic, Groq, and others we may integrate in the future. You acknowledge that:
THE SERVICES DO NOT PROVIDE MEDICAL, PSYCHOLOGICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. Always consult qualified professionals for such matters. If you are experiencing a medical or mental health emergency, contact emergency services immediately.
You agree not to rely on Outputs for:
You may be required to pay us subscription fees to access or use our Services or certain features of our Services. You are fully responsible for paying any applicable fees, listed on our Pricing Page, unless stated otherwise in writing, by Otium Creations.
Payments via our website (otiumcreations.com) are processed by Paddle.com Market Ltd ("Paddle"), our Merchant of Record. By subscribing, you:
For subscriptions through Apple App Store or Google Play Store:
We accept payment methods as determined by Paddle, and you agree:
You may cancel your subscription at any time through:
Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused time.
We may change subscription prices upon 30 days' notice. Price changes will apply to subsequent billing periods. Continued use after price changes constitutes acceptance.
Prices exclude applicable taxes unless stated otherwise. You are responsible for all applicable taxes, and we will charge tax when required by law.
If payment fails, we may:
We are not liable for issues related to payment processing handled by Paddle or other third-party processors.
All rights, title, and interest in the Services, including all intellectual property rights, belong to Otium Creations or our licensors. The Services are protected by copyright, trademark, and other laws.
We grant you a limited license to access and use the Services as described in Section 4.1. This license does not include rights to:
Our Services integrate with third-party providers including:
We may, but are not obligated to:
We have no obligation to monitor user content. We are not liable for content posted by users or third parties.
We may update, modify, or discontinue any aspect of the Services at any time without notice. Updates may include:
The Services may automatically download and install updates. By using the Services, you consent to automatic updates.
We do not guarantee that any feature will remain available. We may add, modify, or remove features at our discretion.
We do not guarantee the Services will be compatible with all devices, operating systems, or browsers. Minimum requirements may change over time.
We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security. No method of electronic transmission or storage is 100% secure; you use the Services at your own risk.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100).
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS APPLY WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, ALLEGED FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR ANY OTHER CRIMINAL ACTS.
These limitations do not apply to liability for:
Some jurisdictions do not allow limitation of liability for certain damages. If you reside in such a jurisdiction, limitations may not apply to you to the extent prohibited by law.
You agree to indemnify, defend, and hold harmless Otium Creations, its affiliates, directors, officers, employees, agents, and licensors from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
We reserve the right to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense of such claims.
Before initiating formal proceedings, you agree to attempt good-faith resolution by contacting us at support@otiumcreations.com. We will attempt to resolve disputes informally for 60 days.
If informal resolution fails, disputes shall be resolved through binding arbitration under the Arbitration Foundation of Southern Africa (AFSA) rules, except:
These Terms are governed by the laws of South Africa, without regard to conflict of law principles. For non-arbitrated disputes, you consent to the exclusive jurisdiction of the courts in Johannesburg, South Africa.
You acknowledge that breach of certain provisions (including Sections 4, 7, and confidentiality obligations) may cause irreparable harm for which monetary damages are inadequate. We may seek injunctive relief without posting bond.
Any claim must be brought within one year (12 months) after the cause of action arises, or be forever barred.
These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Otium Creations regarding the Services.
We may modify these Terms at any time. Material changes will be notified via email or Service notice with 30 days' advance notice. Continued use after changes constitutes acceptance.
If any provision is found invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and remaining provisions remain in full effect.
Our failure to enforce any right or provision is not a waiver. Waiver of any breach is not waiver of any other breach.
You may not assign or transfer these Terms or your rights without our prior written consent.
We are not liable for failure to perform obligations due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.
You may not use or export the Services in violation of export laws and regulations of South Africa, the United States, or any other applicable jurisdiction.
You agree to comply with all applicable laws and regulations in your use of the Services.
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship. You have no authority to bind us in any manner.
These Terms are for the benefit of you and us only. There are no third-party beneficiaries except our licensors and service providers who may enforce provisions related to their intellectual property and services.
Section headings are for convenience only. "Including" means "including without limitation." These Terms shall be construed without regard to the drafting party.
You consent to receive electronic communications from us. Electronic communications satisfy any legal requirement for written communication.
Provisions that by their nature should survive termination shall survive, including Sections 5.2, 5.4, 5.5, 7, 11-15, and 16.
Notices to us must be sent to support@otiumcreations.com or our registered address. We may notify you via your account email or Service posting.
Otium Creations (Pty) Ltd
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.