General terms of use

Oala is a mobile application that provides for the consumption and publication of written and audio-based digital content. These General Terms of Use (the “Terms”) set out the terms and conditions by which Oala offers you access to use and enjoy the Oala mobile application (the “App”), and all services provided by Oala ( the “Services”).

Oala is owned and operated by Oala Media Pvt Ltd. For the purposes of these Terms, Oala and Oala Media Pvt Ltd are collectively referred to as “Oala.”

The term “Account” refers to a basic Oala account maintained by an individual User or a single entity (“You”, “User”, or, collectively, “Users”).  The terms “Subscription,” “Subscription Membership,” and “Membership” apply to any paid subscription that allows Account holders to access premium and exclusive content (“Subscription Content”).

The following General Terms of Use is a legal contract between You, either an individual User and Oala regarding Your use of the App. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “You” and “Your” will refer to the entity.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.  BY REGISTERING FOR, ACCESSING, BROWSING, POSTING, DOWNLOADING FROM, SUBSCRIBING TO, OR USING OALA, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS.  IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF OALA IN THE MANNER DESCRIBED IN SECTION 12.2 BELOW.

 

1. Eligibility.

1. Oala is intended for use by children aged 2-12 or their parent or guardian. Accounts shall however be created by persons over the age of 18.
2. The User hereby undertakes that they are qualified to enter a binding contract with Oala. In case the App is used by a minor, their parent or legal guardian has granted consent for use of the App and they confirm that they have read and agrees to these Terms.
3. BY USING OALA, YOU REPRESENT THAT You meet the eligibility requirements in this Section.

 

2. Parental Responsibility.

1. In case the App is used by a minor, the parent(s) or guardian(s) shall be responsible for monitoring and supervising their use of the App.
2. The parent(s) or guardian(s) shall review the content available on the App to ensure its appropriateness for children.
3. The parent(s) or guardian(s) shall be responsible for and monitor and control any in-app purchase or subscriptions made by their children.

 

3. Privacy; Additional Terms.

Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference.  Please read our Privacy Policy carefully for information on how we collect, use, and disclose You and Your child’s personal information. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

4. Individual Features and Services.

When using Oala, You will be subject to any additional posted guidelines, rules, and notices applicable to specific services and features which may be posted from time to time (the “Guidelines”).  All such Guidelines are hereby incorporated by reference into these Terms.

5. Subscription.

Oala offers access to premium and exclusive content by means of a Subscription. A Subscription entitles You to access Oala’s digital library of content during the subscription period. Your access to the applicable content and related purchase transaction are subject to the Subscriber Agreement.

 

6. Modification of these Terms and Services.

Oala reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms, or any additional terms and notices. If we do so, we will inform You either by posting the modified Terms here or through other communications.  Your continued use of Oala after the posting of changes constitutes Your binding acceptance of such changes.  We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

 

7. Oala License Grant.

a. License Grant to Oala Mobile App

Subject to Your compliance with these Terms, Oala grants to You a limited, non-exclusive, non-transferable, freely revocable license to download and install a copy of the App on any mobile device or computer that You own or control and to run such copy of the App solely for Your own personal non-commercial purposes. Except as expressly permitted in these Terms, You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Oala reserves all rights in and to the App not expressly granted to You under these Terms.

b. License Grant to Download.

Users are not granted any rights or licenses to download any content from the App.

c. Reservation of Rights.

Oala reserves all rights not expressly granted in these Terms.

d. Prevention of Unauthorised Use.

Oala reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or prohibited uses.

 

8. User Submissions.

We may provide functionality that enables You to post, upload, submit or otherwise make available text (including quizzes, quiz responses, lesson plans), images, audio, video, presentations, competition entries or other content (“User Submissions”) to the Oala App. Access to such functionality may be restricted to users above a certain age. You understand that such User Submissions may be accessible by the public and we do not guarantee any confidentiality for such User Submissions.

You retain all of your ownership rights to Your User Submissions. For all User Submissions, by making those User Submissions available to the Oala App, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license under all intellectual property rights to use, reproduce, distribute, display, and perform such User Submissions, in whole or in part, in connection with the Oala App and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Oala App (and derivative works thereof) in any media formats and through any media channels now known or hereafter, with or without attribution, and without further notice to you, in perpetuity. You also grant each user of the Oala App a non-exclusive license to view your User Submission through the Oala App, and to use, reproduce, distribute, display and perform such User Submission as permitted through the normal functionality of the Oala App and these Terms in perpetuity.

You may not submit User Submissions that are (i) defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, in each case whether or not such content is protected by law, or (ii) otherwise contrary to applicable local, national, and international laws and regulations.

You may not submit User Submissions that contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally authorized to submit such content and grant us the licenses described above. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Submissions and that the User Submissions conform to the terms described in this Section 6. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Submissions against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You understand and agree that you will be solely responsible for your User Submissions and the consequences of submitting and making available such User Submissions to the Oala App.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Submissions submitted to the Oala App, at any time and for any reason, including to confirm that the User Submissions are consistent with these terms, without prior notice to you.

We do not endorse or guarantee the opinions, recommendations, or advice contained in any User Submission and we expressly disclaim any and all liability in connection with such content.

 

9. Content Disclaimer.

You understand that when using Oala You will be exposed to content from a variety of sources, and that Oala is not responsible for the accuracy, usefulness, or intellectual property rights of, or relating to, such content.  You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Oala with respect thereto.  Oala does not endorse any content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such content. If notified of content that allegedly does not conform to these Terms, Oala may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. Oala does not permit copyright infringing activities.

 

10. Prohibited Conduct.

It is our goal to create an experience where anyone can read or listen to books in a comfortable and safe environment. We have developed rules that are designed to help achieve this goal. BY USING OALA YOU AGREE NOT TO:

1. use Oala for any purpose other than to receive original or appropriately licensed content and/or to access Oala as such Services are offered by Oala;
2. rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 14, below);
3. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via Oala, or perform any other similar fraudulent activity;
4. delete the copyright or other proprietary rights notices on Oala or associated with any content available via Oala;
5. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of Oala. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
6. use Oala for any illegal purpose, or in violation of any national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7. defame, harass, abuse, threaten or defraud Users of Oala, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8. remove, circumvent, disable, damage or otherwise interfere with rights enforcement and other security-related features that prevent or restrict use or copying, printing, storing, transferring, or sharing of any content accessible through Oala, or features that enforce limitations on the use of Oala or any content available via Oala;
9. reverse engineer, decompile, disassemble or otherwise attempt to discover Oala’s source code or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 
10. modify, adapt, translate or create derivative works based upon Oala or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 
11. intentionally interfere with or damage the operation of Oala or any User’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
12. use any robot, spider, scraper, or other automated means to access Oala, or copy, print, access, store, transfer, or share any content accessible through Oala, for any purpose or to bypass any measures Oala may use to prevent or restrict access, or the ability to copy, print, access, store, transfer, or share content;
13. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Oala;
14. interfere with or disrupt servers or networks related to the operation Oala, or disobey any requirements, procedures, policies or regulations of networks connected to Oala;
15. post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, or other content that in Oala’s sole opinion detracts from the Oala experience.
16. use any portion of the content on Oala for the purposes of training a large language model.

11. Account

It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date.  If you don’t, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

 

12. Third-Party Sites, Products and Services; Links.

Oala may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”).  Unless otherwise expressly stated by Oala, Oala does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.  In addition, Your correspondence or business dealings with, or participation in promotions of advertisers found on or through Oala are solely between You and such advertisers. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

 

13. Termination; Terms of Use Violations.

a. Oala.

You agree that Oala, at its sole discretion, for any or no reason, and without penalty, may terminate any Account (or any part thereof) You may have with Oala or Your use of Oala and remove and discard all or any part of Your Account, User profile, and any content, at any time and without notice to You.  One reason we may terminate Your Account is if You do not log into Your Account for an extensive period of time; however, we will not terminate Your Account for inactivity if You continue to pay the fees associated with a Subscription. Oala may also in its sole discretion and at any time discontinue providing access to Oala, or any part thereof, with or without notice.  You agree that any termination of Your access to Oala or any Account You may have or portion thereof may be effected without prior notice, and You agree that Oala will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Oala may have at law or in equity. Notwithstanding the foregoing, if you have paid for a Subscription Membership, please see the Subscriber Agreement for additional terms applicable to the cancellation of Your Account.

b. You.

Your only remedy with respect to any dissatisfaction with (i) Oala, (ii) any term of these Terms, (iii) any policy or practice of Oala, or (iv) any content or information transmitted through the Services, is to cancel Your Account and to stop using Oala.  You may cancel Your Account at any time by sending an email to (developers@oala.app) requesting a cancellation of your Account. You may terminate these Terms at any time by canceling Your Account and discontinuing use of Oala.

c. Effect of Cancellation or Termination.

Upon any cancellation or termination, the rights and licenses granted to You under these Terms and any additional terms and conditions will automatically terminate and the following provisions will survive: “Effect of Cancellation or Termination,” “Ownership; Proprietary Rights,” “Indemnification,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Dispute Resolution,” and “Miscellaneous.”

 

14. Proprietary Rights.

The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, Services, and all other elements of the App provided by Oala (the “Materials”) are protected by applicable copyright and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  All Materials contained on Oala are the property of Oala or its subsidiaries or affiliated companies and/or third-party licensors.  All trademarks, service marks, and trade names are proprietary to Oala or its affiliates and/or third-party licensors. Except as expressly authorized by Oala, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Services. Oala reserves all rights not expressly granted in these Terms.

 

15. Indemnification.

You agree to indemnify, save, and hold Oala, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of Oala, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein.  Oala reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Oala, and You agree to cooperate with Oala’s defense of these claims. Oala will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

 

16. Disclaimers; No Warranties.

To the fullest extent permissible pursuant to applicable law, Oala, and its affiliates, partners, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.  No advice or information, whether oral or written, obtained by You from Oala or through the Services will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section 15, the term Oala includes Oala’s officers, directors, employees, shareholders, agents, licensors and subcontractors.

 

17. Limitation of Liability and Damages.

a. Limitation of Liability.

Under no circumstances, including, but not limited to, negligence, will Oala or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms or that result from your use or your inability to use the materials and content on Oala or any reference sites, or any other interactions with Oala, even if Oala or a Oala authorised representative has been advised of the possibility of such damages.

b. Limitation of Damages.

In no event will the total liability of Oala or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to these terms, Your use of Oala or your interaction with other Oala users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by You, if any, for accessing Oala during the three (3) months immediately preceding the date of the claim.

c. Reference Sites.

These limitations of liability also apply with respect to damages incurred by You by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than Oala and received through or advertised on Oala or received through any Reference Sites.

d. Basis of the Bargain.

You acknowledge and agree that Oala has offered its products and Services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, that the warranty disclaimers and limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Oala, and that the warranty disclaimers and limitations of liability set forth herein form an essential basis of the bargain between You and Oala. Oala would not be able to provide Services to you on an economically reasonable basis without these limitations.

e. Limitations by Applicable Law.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You may have additional rights.  The limitations or exclusions of warranties, remedies or liability contained in these terms apply to You to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.

 

18. Dispute Resolution.

a. Governing Law.

For customers of Oala, these Terms will be governed by and construed in accordance with the laws of the Republic of Maldives, without giving effect to any principles of conflicts of law.

b. Disputes.

You and Oala agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Oala or content available on Oala (collectively, “Disputes”) will be settled by through mutual negotiations, and in the event where the Dispute remains unresolved for 10 (ten) days, through the Courts of the Republic of Maldives.

 

19. Miscellaneous.

a. Notice.

Oala may provide You with notices, including those regarding changes to Oala’s terms and conditions, by email, push notifications, or postings on an Oala-affiliated website.  Notice will be deemed given immediately after email is sent, unless Oala is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You.  In such case, notice will be deemed given 3 (three) days after the date of mailing. Notice posted on Oala App or related website is deemed given 1 (one) day following the initial posting.

b. Waiver.

The failure of Oala to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Oala.

c. Severability.

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

d. Assignment.

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Oala without restriction.  Any assignment attempted to be made in violation of these Terms shall be void.

e. Survival.

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-18.

f. Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

g. Entire Agreement.

These Terms (including all Guidelines, Notices, and Terms incorporated herein) and the Subscriber Agreement as applicable, are the entire agreement between You and Oala relating to the subject matter herein and will not be modified except in writing agreed to by both parties, or by a change to these Terms or Guidelines made by Oala as set forth in section 5 above.

h. Claims.

You and Oala agree that any cause of action arising out of or related to Oala must commence within six (6) months after the cause of action accrues.  Otherwise, such cause of action is permanently barred.