Thank you for using Osprey! These Terms & Conditions (the “Terms”, or the “Agreement) are a binding legal agreement that govern your use of the web or mobile applications, websites, APIs, and other downloadable or non-downloadable software (collectively, the “Platform” or “Osprey Platform”) offered by Osprey Technologies, Inc. (“us”, “we”, or “Osprey”). In order to use the Platform, you must agree to these Terms.
All references to “You” or “Your” within these Terms refers to the person who accesses or uses the Platform. If you use the Platform on behalf of an entity or organization you represent that you have the legal authority to bind that entity to these Terms, in which case the use of “You” or “Your” shall refer to that entity or organization.
BY DOWNLOADING, INSTALLING, USING, OR ACCESSING THE OSPREY PLATFORM, IN PART OR IN WHOLE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE PLATFORM.
Osprey provides a mobile and web-based platform that connects you and other consumers (“Customers”), restaurants and/or other merchandise businesses (“Retailers”), and independent delivery contractors (“Drivers”) to allow you and other Customers to place orders for pickup or delivery. The Platform facilitates these on-demand delivery or pickup services. Osprey is not a restaurant, retailer, food preparation business, merchandise seller, or delivery service.
Osprey is not liable for Retailers’ compliance with local, state, or federal laws, regulations, rules, or standards pertaining to their business. Osprey does not independently verify, and is not liable for, the quality of the products Retailers sell on the Platform or the representations made by Retailers for such products. Osprey strives to hold Retailers to its Partner Code of Conduct but does not represent or warrant that all Retail Partners are in compliance with this Code of Conduct. If, however, we discover a Retailer’s failure to comply with our Code of Conduct, we will take immediate disciplinary action, up to and including a relationship termination between Osprey and the violating Retailer.
Osprey is neither a seller of the products sold by Retailers on the Platform nor a delivery service for those products. Osprey is strictly a technology company that has created the Platform to facilitate the transportation of goods and orders from Retailers to Customers by permitting Drivers to pick up and deliver these goods and orders. Drivers are independent contractors and are not employees, partners, agents, joint ventures, or franchisees of Osprey. Drivers are required to enter into a legal, binding agreement with Osprey that requires them to comply with local, state, and federal laws and regulations. Osprey does not direct, control, or require Drivers to perform any services (“Contracted Services”), and instead presents them with opportunities to complete deliveries (“Delivery Opportunities”), which they are given the right to accept, reject, or ignore. Additionally, Osprey does not control the means by which Drivers conduct Contracted Services and explicitly disclaims any responsibility or liability for the services performed.
By accessing or using the Platform you acknowledge and agree to the collection, sharing, and use of certain personal information by Osprey. We outline how this information is collected, shared, and used in our Privacy Policy, which we encourage you to read and have incorporated into this Agreement by reference. By accepting these Terms, you also agree to the procedures outlined in our Privacy Policy. You further agree to be bound by these Terms, as well as any additional agreements and policies we’ve linked the Platform to.
Osprey reserves the right to modify, change, amend, or update these Terms with or without prior notice, and we will post revised terms at ospreydelivery.com/legal/terms. Such modifications or updates will be effective immediately upon being posted. If you disagree with the effective terms you may terminate these Terms immediately through means provided in these Terms. We encourage you to review these Terms periodically and familiarize yourself with the effective Terms, because as long as you use the Platform, you are agreeing to the effective Terms.
You agree that the Platform is licensed, not sold to you, and that you may only use the Platform as described in these Terms. Subject to your compliance with these Terms, Osprey grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to (i) access and use the Platform exclusively for your personal, non-commercial use; and (ii) access and use the Platform only in compliance with these Terms and all legal requirements that are applicable to you or your use of the Platform. Osprey reserves any and all rights not expressly granted to you. Osprey, in its sole discretion, may revoke this license at any time and for any reason or for no reason.
You may not modify, alter, remove, reproduce, rent, sub-license, lend, sell, or redistribute the Platform or any content thereof. If you breach or exceed the terms listed within this Section 3, you may be subject to prosecution and legal damages, including without limitation liability for infringement of intellectual property rights.
In order to use the Platform, you agree to and will be governed by the following Terms;
a) You will only use the Platform for lawful purposes. You are responsible for ensuring that your use of the Platform is in compliance with all federal, state, and local laws.
b) You will not use any spambot, spider, scraper, robot, or any other automated or manual means of accessing or mining content or data from the Platform
c) The Platform and any content thereof contains proprietary content, information, and materials that are protected by applicable laws, including intellectual property laws, trade secrets, and copyright law, and you agree that your use of the Platform will comply with such laws.
d) You will not use any other User’s account without the consent of said User, and will not use the Platform to impersonate another individual or entity.
e) You will (i) not bypass any security features of the Platform (ii) not access, use, or interact with the Platform through methods other than human use, including but not limited to any automated or robotic means of accessing or using the Platform, and (iv) only access the Platform by means permitted by Osprey.
f) You will not use the Platform to infringe upon the rights of any other party including without limitation, using the Platform to harass, annoy, abuse, stalk, threaten, defame another party, and you further agree that Osprey is not responsible for any such use by you, including any content of the messages you send through the Platform.
g) You will use the Platform for only your personal, non-commercial use, and will not license, sell, distribute, copy, reproduce, stream, display, publish, or in any way exploit, in part or in whole, the Platform itself or any content held within, including without limitation Retailers’ menus, reviews, or logos without the written permission by Osprey.
h) The information you have provided to us when creating or updating your account is accurate and you will notify us in a timely manner of any changes to such information and will provide us with reasonable photo proof of identification if we request it.
i) You will not use, access, tamper with, or attempt to gain access to any private areas of the Platform, or any of Osprey’s computers or administrative systems.
j) You will not, and you will not encourage, direct, or request a third-party to, in part or in whole, create derivative works from, decipher, reverse engineer, decompile, hack, alter, damage, disassemble or otherwise change the Platform or the software that provides the Platform.
k) You will not institute any time-bombs, viruses, malware, worms, trojan horses, or any other harmful code or program to the Platform.
l) You will not use or access the Platform with the intent of providing information about the Platform, including its operations, to a competing business.
In some locations and from some Retailers you may be given the option to purchase and request delivery or pickup of alcohol products through the Platform, including but not limited to wine, beer, vodka, rum, cider, or liquor (collectively, “Alcoholic Beverages”). Alcoholic Beverages may only be purchased by Customers over the age of 21. If you purchase any Alcoholic Beverages you represent and warrant to us that (i) you are at least 21 years old and are of legal age to purchase and consume such Alcoholic Beverages in your jurisdiction; and (ii) upon delivery you will provide a valid form of photo identification to your Driver before you’re able to receive any Alcoholic Beverages. Valid forms of photo identification include a government-issued driver’s license; a US-issued passport; or a US Armed Forces identification card containing your date of birth and a photo of yourself. Any form of identification without a photo is not a valid form of identification to receive Alcoholic Beverages. You understand that the name on the photo-id must match the name on Your account, and You must be the person in the photo on the photo-id. You understand that a photo-id issued by any country other than the United States is not an acceptable form of photo-id. You further acknowledge that Drivers are given the exclusive authority to refuse and deny the delivery of any Alcoholic Beverages for any reason whatsoever, and must refuse the delivery if you are observably intoxicated or smell of alcohol, regardless of your legal age. If the Driver makes the decision to refuse delivery and return the Alcoholic Beverage(s), the return shall follow the Terms listed in Section 6 (“Returned Items”).
You understand that the prices displayed for Retailers’ products on the Platform may not be the same as prices for the same product(s) on Retailers’ own mobile or web applications, or their in-store prices. Product prices as displayed on the Platform are not necessarily the lowest prices available for the product, and Retailers are required to enter into a separate agreement with Osprey which gives them the right to control their product prices without interference from Osprey.
When the Platform cannot guarantee the applicable fees that will be charged once the order is completed and delivered, such as any applicable taxes and/or Osprey Fees, it may assign an estimate for such fees (“Estimated Fees”). There may be times when the Platform is unable to estimate the price or fees, like when the cost of a product or menu item is unknown.
Some aspects of the Platform, such as placing orders, may require you to pay fees to Osprey. In our sole discretion and as we see suitable for our business, we reserve the right to update, add, or remove any fees. At times these fees may be incorporated into product prices. Prior to paying such fees you will be given the opportunity to review and accept an estimate of any fees, along with other costs you will be charged for. You acknowledge that the final fees may differ from the estimates, and agree that a fee will be charged and that you will pay said fee.
Osprey will charge the payment method that you chose or designated at the time of purchase. If you would like to use a different payment method, you must add a new payment method to your account and select it prior to your purchase.
Charges and fees paid by you are final and non-refundable. Osprey may, in its sole discretion grant refunds or offer credits on a case-by-case basis. Please contact us through the methods found in our Customer Help Center to start a refund request.
You give Osprey the authorization to charge all charges for orders placed by you to the payment method(s) that you have in your Osprey account. You understand that should there be a problem with the payment method you selected, we may charge any other valid payment method you have provided to us in your account.
If Osprey believes a payment method is fraudulent we reserve the right to (i) request additional information about said payment method; and (ii) block transactions through the Platform for said payment method.
When you place your order through the Platform, you are certifying to us that you will be at the delivery or pickup location that was shown when you placed the order. You understand that Osprey may charge you for your order, including any fees (i) if your Driver arrives to deliver your order and you are not at the delivery location; or (ii) if you place a Pickup order and fail to pick up said Pickup order.
If you choose to cancel your order, you may be charged depending on the order’s stage at the time of cancellation. You can learn more about order stages and cancellations by visiting our Customer Help Center.
You may be subjected to a return fee in the event that an item has to be returned for any reason. If a Driver returns an Alcoholic Beverage for any reason outlined in Section 5 above, you will be charged a return fee.
Through the Platform, you may be given the opportunity to optionally provide your Driver with a gratuity (a tip), or you may optionally provide your Driver with a gratuity in-person with cash. You acknowledge and agree that any gratuities paid by you to your Driver through the Platform shall be subjected to Osprey’s Driver Pay System. Drivers are guaranteed minimum earnings of $6 for each order they deliver and complete. Osprey pays Drivers a base pay of $2, and any tip goes towards the minimum $6, this is the Driver Pay System. For example, if a customer tips $4, Osprey will pay $2 and the Driver will earn $6, but if a customer tips $8, Osprey will pay $2 and the Driver will earn $10. In all scenarios, Drivers keep 100% of gratuities paid forth by you to the Driver, and Osprey neither interferes with nor obtains said gratuities. You acknowledge that you are not required to pay your Driver(s) a gratuity, and that any gratuity paid forth by you to your Driver(s) is done at your sole discretion.
You agree that any and all disputes or claims relating to your relationship with Osprey, use of the Platform the Platform itself, transactions made through the Platform, or any and all disputes or claims relating to these Terms, shall be resolved by binding individual arbitration. This Arbitration Agreement shall survive termination of this Agreement and your relationship with Osprey. The Parties agree that this Arbitration Agreement shall be governed by the Federal Arbitration Act, including the enforceability and interpretation of the Terms in this Arbitration Agreement.
BY AGREEING TO THESE TERMS, YOU AND OSPREY EACH WAIVE THE RIGHT TO GO TO COURT OR PARTICIPATE IN A CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ACTION, AND MUST SOLVE ANY AND ALL DISPUTES, CLAIMS, AND/OR CONTROVERSIES ON AN INDIVIDUAL LEVEL THROUGH AN INDIVIDUAL ARBITRATION PROCEEDING.
The Parties agree that the following claims are not prevented by this Arbitration Agreement (i) individual action in small claims court, so long as the action remains in said court and advances on an individual basis, and does not advance on a class, collective, or representative basis; (ii) misuse of intellectual property, such as infringement of copyright, trade secrets, trademarks, domain names, and patents.
The Parties agree that the Arbitrator, not a local, state, or federal court or agency, will have the sole authority in resolving any and all claims or disputes that arise challenging the enforceability, interpretation, legality, validity, applicability, obligations, or the breach of this Agreement. All arbitrations shall be administered virtually by the American Arbitration Administration (the “Arbitrator”, or “AAA”) in accordance with its Arbitration Rules (“Arbitrator Rules”), which are included in this clause solely for reference. The Arbitrator is bound by these Terms.
The Parties agree that at least 30 days prior to commencing arbitration against the opposite party, the complaining party shall notify the opposite party of any dispute and in good-faith attempt to resolve the dispute informally. Individual resolution(s) will occur through a phone call or video chat. In the event you need to notify Osprey that you intend to initiate an individual resolution call, please send an email with your name, email, a description of your claim, and the relief sought to help@ospreydelivery.com. During the time between receiving notice and conferring via a call, the Parties are free to attempt to resolve all disputes. The Parties acknowledge that notifying the opposite party and engaging in an individual resolution call is a requirement that must be satisfied prior to commencing arbitration.
You acknowledge that if you commence arbitration in accordance with these Terms you will be required to pay the filing fees in order to begin the arbitration. If the Arbitrator determines that your claim or arbitration is non-frivolous, you will be required to pay the fees invoiced by AAA, including filing fees and other expenses. If Osprey commences arbitration in accordance with these Terms we will pay the filing fees in order to begin the arbitration. If the Arbitrator determines that Osprey’s claim or arbitration is non-frivolous, we will pay the fees invoiced by AAA, including filing fees and other expenses. Unless the Arbitrator or applicable law determines otherwise, each party is responsible for their own respective attorneys’ fees.
Through use of the Platform, you may make purchases of goods and/or services from third-party Retailers through the Platform. You agree that any activity, including any and all interactions, disputes, terms, conditions, warrants, representations, controversies, or claims arising from or associated with such activity is exclusively between you and the relevant third-party Retailer. Osprey shall have no responsibility, obligation, or liability for any purchase, transaction, or interaction between you and any third-party Retailers. Osprey disclaims any and all liability arising from activity between you and Third-Party Retailers.
You understand that some Retailers on the platform have been added manually by Osprey to better serve our customers (“Non-Partnered Retailers”), and that these Non-Partnered Retailers are not subjected to the Retailer Terms & Conditions, these Terms, or any other binding agreement with Osprey. Non-Partnered Retailers have not signed up to be on the platform, and Osprey shall have no responsibility, obligation, or liability for any purchase, transaction, or interaction between you and any Non-Partnered Retailers. Furthermore, Osprey does not warrant or represent that the information displayed on Non-Partnered Retailer pages is entirely accurate, including but not limited to the hours of operation or availability of products. Osprey disclaims any and all liability arising from activity between you and Third-Party Non-Partnered Retailers.
The Platform may contain links to third-party advertisements, websites, and/or web or mobile applications (collectively, “Third-Party Content”). When you click on a link to Third-Party Content you are doing so entirely at your own risk. Osprey will not warn you that you are leaving the Osprey Platform and does not warn you of the agreements or policies of the destination you are visiting. Osprey does not (i) control, review, or endorse any Third-Party Content; or (ii) make any warrants, representations, or take liability for any Third-Party Content and is not responsible for such Content. Osprey does not review, approve, endorse, or make any warrants or representations in regards to Third-Party Content. You should review all respective agreements and policies, including all privacy practices, prior to visiting the destination. You agree that you are responsible for reviewing, researching, and investigating any Third-Party Content, Third-Party Retailer, or Third-Party Non-Partnered Retailer as much as you, in your sole discretion, determine is necessary prior to interacting with such Third-Party.
The Platform permits you to engage with third-party Drivers to provide delivery services. Any and all interactions, including any disputes, between you and a third-party Driver are exclusively between you and that Driver. Osprey is not liable for and shall have no obligations or responsibilities for any interactions between you and third-party Drivers.
The Platform may contain third-party marketing content, including without limitation promoted Retailers or products. By agreeing to these Terms, you agree to experience such marketing content.
Osprey and its licensors explicitly own all media, materials, and intellectual property rights contained within the Platform. This Agreement is not a sale of and does not grant you any ownership over the Platform, in part or in whole. Excluding the limited license granted to you, by you in Section 3, and upon agreeing to these Terms, no other rights, licenses, or immunities are granted to you or shall be assumed granted to you under these Terms. You agree not to obscure, alter, change, modify, or create derivative works from any copyright, trademark, service mark, or any other proprietary ownership notices contained within the Platform, or the Platform itself. All rights not explicitly granted to you by Osprey in these Terms shall be the sole rights of Osprey.
When you use the Platform, including signing up for an account, we collect information that you provide to us. You are encouraged to learn more about the types of content we collect and how it’s used by reading our Privacy Policy, which you also are agreeing to when you sign up for an account or use the Platform.
Through use of the Platform, including any communications you have between Osprey, Drivers, and/or Retailers, you may be able to submit, post, upload, designate, or otherwise make available (collectively “Upload”) photographs, reviews, ratings, favorites, video clips, and other content (collectively “User Content”).
You acknowledge and understand that any User Content you Upload through or to the Platform shall remain your property, but you grant Osprey with a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, store, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, without limitation and in any format or medium now known or developed in the future, for any purpose whatsoever, unless expressly agreed upon otherwise in writing by Osprey.
You acknowledge that you will not be compensated in any way whatsoever for any User Content you Upload. You agree that User Content that you upload shall be deemed and remain as non-confidential and non-proprietary.
We appreciate feedback from our Users as it helps us to make sure we offer the best Platform we can. You may be given the opportunity to submit feedback about the Platform, including without limitation feedback related to Retailers, Drivers, or features of the Platform, or you may choose to contact Osprey with such feedback. When you submit feedback to Osprey, you acknowledge that you are doing so in your sole discretion, and that you are giving Osprey the right to use such feedback without providing credit or payment to you.
When you Upload User Content to or through the Platform you represent that you have all such rights to share and transmit such User Content without violating the rights of any third-party. You acknowledge that you are solely responsible for any User Content you Upload to or through the Platform, and under no circumstances shall Osprey be liable for any User Content whatsoever.
You agree that Osprey reserves the right, but does not have any obligation, to remove, edit, move, or reject any User Content that is Uploaded to or through the Platform. Osprey, in our sole discretion, retains the right to remove any User Content that is a violation of these Terms, or that we otherwise deem as offensive, indecent, or otherwise objectionable, including any User Content that violates intellectual property rights.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL OSPREY’S AGGREGATE LIABILITY (i) EXCEED THE FEES YOU HAVE PAID TO OSPREY IN THE THREE (3) MONTHS PRECEDING THE EVENT THAT AROSE SUCH CLAIM; OR (ii) $100 USD. UNDER NO CIRCUMSTANCES SHALL OSPREY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION PERSONAL INJURY, LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF PROFITS).
YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE PLATFORM AT YOUR OWN RISK. YOU WAIVE AND RELIEVE OSPREY FROM ANY AND ALL LIABILITY OR CLAIM, INCLUDING DAMAGES, ARISING FROM YOUR RELATIONSHIP WITH A DRIVER AND THE SERVICES THEY PROVIDE, OR RETAILER AND THE PRODUCTS AND/OR SERVICES THEY PROVIDE. OSPREY DOES NOT ASSESS, EVALUATE, OR VERIFY THE SAFETY, QUALITY, OR LEGALITY OF THE PRODUCTS PROVIDED BY RETAILERS ON THE PLATFORM. OSPREY IS NOT A PARTY TO DISPUTES OR NEGOTIATION OF DISPUTES, AND SHALL NOT BE REQUIRED TO PARTICIPATE IN ANY DISPUTE(S) OR NEGOTIATION OF DISPUTE(S) BETWEEN YOU AND ANY THIRD-PARTIES.
THIS LIMITATION OF LIABILITY FULLY APPLIES IN ALL STATES AND TO RESIDENTS IN ALL STATES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OSPREY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You are fully responsible for your use of the Platform. You agree to defend, indemnify, and hold harmless Osprey, its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents (each, an “Indemnified Party”) from and against any claim, liability, damage, loss, and expense, including without limitation reasonable attorneys’ and accounting expenses, arising out of or in any connection with (i) your User Content; (ii) your violation of these Terms, including any breach of any representation, warranty, or agreement referenced in these Terms; (iii) your misuse of the Platform; or (iv) your violation of any relevant laws, rules, regulations, or third-party rights, including without limitation any intellectual property rights, privacy rights, confidentiality rights, or property rights, in relation to your use of the Platform.
You agree that the Terms in this Section 12 shall survive any termination of your account, these Terms, your relationship with Osprey, or your access to the Platform.
YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK, AND THAT THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OSPREY MAY PERIODICALLY MAKE CHANGES TO PARTS OF THE PLATFORM, OR THE PLATFORM ENTIRELY AT ANY TIME AND WITHOUT NOTICE TO YOU.
OSPREY RELIES UPON THIRD-PARTY RETAILERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION IN REGARDS TO PRODUCTS THEY CHOOSE TO SELL THROUGH THE PLATFORM. OSPREY DOES NOT WARRANT, TAKE RESPONSIBILITY FOR, OR REPRESENT THAT SUCH INFORMATION IS ACCURATE, CURRENT, COMPLETE, RELIABLE, OR FREE OF ERRORS, INCLUDING WITHOUT LIMITATION NUTRITIONAL INFORMATION,, RETAILER HOURS, MENUS, PRODUCT PHOTOS, REVIEWS, DESCRIPTIONS, PRICING, OR FOOD OR PRODUCT QUALITY. ALL CONTENT PROVIDED ON THE PLATFORM IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY, AND ANY RELIANCE ON SUCH CONTENT IS AT YOUR OWN RISK.
OSPREY DOES NOT WARRANT THAT THE PLATFORM IS FREE OF ERRORS, MALWARE, OR COMPUTER VIRUSES, AND OSPREY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY COST OR DAMAGE TO YOUR COMPUTER, MOBILE PHONE, OR OTHER DEVICE, OR LOST DATA RESULTING FROM ACCESSING, USING, OR DOWNLOADING ANY PART OF THE PLATFORM.
The Platform may experience glitches, malfunctions, limitations, delays, and other problems inherent in the use of the Internet and electronic communications (“Network Issues''). Osprey is not responsible for any Network Issues, or any damages resulting from Network issues, including without limitation any delivery failures, delays, or missed delivery opportunities . Osprey makes no guarantee that the Platform, or any part of the Platform (i) will operate as intended; or (ii) will operate equally across different hardware or software.
You may terminate these Terms at any time and for any reason by ceasing use of the Platform, uninstalling the app, or closing your Osprey account. Osprey may at any time and for any reason terminate your access to the Platform, part(s) of the Platform, or suspend your account with or without providing prior notice to you. Osprey reserves the right to take legal action against you, including without limitation in civil, criminal, or injunctive redress, even after you or Osprey has terminated these terms. In the event thereof, these Terms shall remain fully enforceable against you, regardless of whether you have access to the Platform. Sections 6 (d), 8, 9-16, and 18 shall survive termination of these Terms.
The following Terms apply to any Software downloaded or accessed through the Apple App Store or Google Play Store (each, an “App Store, and collectively the “App Stores”). You acknowledge and agree that these Terms are solely between you and Osprey, and not Apple, Inc (“Apple”) or Google LLC (“Google”), and neither Apple nor Google is responsible or liable for the Platform or any content held within the Platform.
You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
Apple and Google are not responsible for handing or addressing any claims resulting from your use or ownership of the Platform, including (i) product liability claims; (ii) any claims that the Platform fails to comply with any applicable regulatory or legal requirements; or (iii) claims arising under consumer protection or similar legislation.
Apple and Google are not liable for the investigation, defense, settlement, or discharge of any claim by a third-party that the Platform and/or your use of the Platform infringes upon such third-party’s intellectual property rights. You acknowledge that each App Store is a beneficiary of this Agreement and Apple and Google shall each retain the right, along with their respective affiliates, to enforce the terms within this Agreement.
You represent and warrant that you are (i) not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) not listed on any U.S. Government list of prohibited or restricted parties.
Except as otherwise provided in these Terms, if any part of these Terms is declared unlawful or unenforceable, that part shall be severed, and the remainder of these Terms shall remain in full force and effect. If Osprey fails to enforce any right or section in these Terms, it shall not constitute a waiver of such right or section unless agreed to by Osprey in writing.
Captions appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.
Osprey uses Stripe for its payment services. By agreeing to these Terms, you also represent that (i) you agree to the use of Stripe for processing payments through the Platform; and (ii) you have read, understand, and agree to the Stripe Connected Account Agreement, the Stripe Terms of Service, and the Stripe Privacy Policy.
You may also be given the opportunity to use other payment gateways that we have integrated into the Platform, in which case you represent that you have read, understand, and agree to their respective agreements and policies.
No joint-venture, agency, entity, partnership, or employment relationship exists between you, Osprey, or any of Osprey’s third-party providers, as a result of these Terms and/or use of the Platform.
This Agreement is governed by the laws of the State of North Carolina.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or delegated by you. Osprey may transfer, assign, or delegate any part of this Agreement, or the Agreement entirely without restriction or written notice. Any attempted transfer, assignment, or delegation in violation of the Terms in this section shall be null and void.
These Terms comprise the final, complete agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, agreements, and understandings between the parties with respect to such subject matter.
