Ozone Builds Use Policies

Hidaku LLC Mobile App Terms of Service

These Terms of Service govern your use of Hidaku Studio Apps, our website located at https://hidaku.com, and any related services provided by Hidaku LLC.

When you create an Hidaku Studio Apps account or use Hidaku Studio Apps, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Hidaku LLC.

If you access or download Hidaku Studio Apps from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, Hidaku LLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

Limitations of Use

By using Hidaku Studio Apps and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer Hidaku Studio Apps or any materials and software contained within Hidaku Studio Apps or on our website;
2. remove any copyright or other proprietary notations from Hidaku Studio Apps or any materials and software contained within Hidaku Studio Apps or on our website;
3. transfer Hidaku Studio Apps or any of its associated materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use Hidaku Studio Apps or any of its associated services in a way that abuses or disrupts our networks or any other service Hidaku LLC provides;
5. use Hidaku Studio Apps or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use Hidaku Studio Apps or its associated services in violation of any applicable laws or regulations;
7. use Hidaku Studio Apps to send unauthorized advertising or spam;
8. harvest, collect, or gather user data without the user’s consent; or
9. use Hidaku Studio Apps or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in Hidaku Studio Apps and on our website are owned by or licensed to Hidaku LLC. You may download Hidaku Studio Apps, to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by Hidaku LLC at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication within Hidaku Studio Apps and/or on its corresponding website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use Hidaku Studio Apps or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Automatic Updates

You give us permission to download and install updates to Hidaku Studio Apps on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Hidaku Studio Apps from your device.

Liability

Hidaku Studio Apps and the materials in Hidaku Studio Apps and on our website are provided on an 'as is' basis. To the extent permitted by law, Hidaku LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Hidaku LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Hidaku Studio Apps, our website, or any other services provided by Hidaku LLC or the materials in Hidaku Studio Apps, even if Hidaku LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in Hidaku Studio Apps or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Hidaku LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Hidaku Studio Apps or on our website, or otherwise relating to such materials or on any resources linked to Hidaku Studio Apps and our website.

Links

Hidaku LLC has not reviewed all of the sites linked to Hidaku Studio Apps or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Hidaku LLC of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Notice regarding Apple

To the extent that you are using or accessing Hidaku Studio Apps on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Hidaku LLC only, not with Apple Inc. (Apple), and Apple is not responsible for Hidaku Studio Apps and any materials available in Hidaku Studio Apps.

Apple has no obligation to furnish you with any maintenance and support services with respect to Hidaku Studio Apps.

If Hidaku Studio Apps fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Hidaku Studio Apps and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to Hidaku Studio Apps or your use of Hidaku Studio Apps, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using Hidaku Studio Apps, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Right to Terminate

We may suspend or terminate your Hidaku Studio Apps account and right to use Hidaku Studio Apps and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Invoicing Policies

As of January 1, 2024 the following policy is as follows for all new invoices:

1. Ozone, henceforth referred to as 'The Company', is committed to providing its customers with unparalleled value and competitive pricing. To this end, The Company is proud to introduce its Price Matching Assurance Policy ('The Policy'). Under this policy, The Company assures all customers that the prices of its products and services will be continuously monitored and adjusted to remain aligned with prevailing market standards and competitive benchmarks. This commitment extends to matching the retail price of identical products or services offered by direct competitors under specific conditions outlined herein.
2. The Policy applies to all products and services offered by The Company, subject to certain terms and conditions. These conditions include, but are not limited to, the comparability of the product or service, including its features, quality, and warranty; the credibility and legitimacy of the competitor's offering; and the geographical and temporal relevance of the price comparison.
3. Customers desiring to benefit from this Policy are required to provide verifiable evidence of the competitor’s lower price, which The Company reserves the right to independently verify. Price matching requests must be made within a specified timeframe from the date of purchase or as otherwise defined by The Company.
4. The Company reserves the right to modify, suspend, or discontinue The Policy at any time without prior notice, subject to compliance with applicable laws and regulations. This Price Matching Assurance does not supersede any other legal rights or remedies available to the customer under consumer protection laws.
5. By availing themselves of The Policy, customers agree to these terms and conditions. This Policy is intended to ensure that The Company's customers receive the best possible value, affirming The Company's commitment to customer satisfaction and market competitiveness.
6. Additionally, a 5% late fee will be applied to overdue invoices related to app building services
   and monthly retainers under our partnership agreements for every week overdue
   on the 7th day from the previous deadline. For example, if an invoice is created on a Monday at 4pm PST, it would incur a 5% addition to the initial cost beginning the next Monday at 4pm PST. On the following Monday, it would incur a 10% addition to the initial cost, and so on. By the 5th consecutive week of no payment, it will automatically be billed to the end user with a 25% incurred addition to the initial cost.

Summative Clause

This Agreement explicitly recognizes and affirms that Hidaku Studio, henceforth referred to as 'The Company', holds the sole and unequivocal authority, discretion, and final decision-making power regarding any and all actions, decisions, policies, and practices that may have a direct or indirect impact on the provision, management, operation, and administration of its services. Furthermore, it is clearly understood and agreed upon by the user, henceforth referred to as 'The User', that by the act of engaging with, utilizing, or otherwise accessing these services in any manner, The User unequivocally accepts, consents to, and agrees to be unconditionally bound by all such decisions, actions, and outcomes as determined, enacted, and deemed appropriate by The Company. The User acknowledges that such decisions by The Company are final and not subject to dispute, challenge, or appeal within or outside the bounds of The Company's established protocols and procedures. This clause is intended to ensure seamless operational efficiency and uphold the integrity of The Company's decision-making processes, and as such, The User's agreement to this clause is a mandatory prerequisite for access to and use of The Company's services.

Naming Convention

Please be advised that Hidaku Studio, henceforth referred to interchangeably as 'Ozone', 'Ozone Builds', 'Hidaku', 'Hidaku Studio', and 'Hidaku LLC', has undergone a formal name change and rebranding. Accordingly, any and all references to Hidaku Studio within our Privacy Policy, terms of service, user agreements, or any other legal or formal documents, communications, and representations, should be understood and interpreted to refer to Ozone, including all its aforementioned variations. It also affirms the following:

This name change is part of our ongoing efforts to enhance our brand identity and the name itself does not signify any alteration in ownership, management, operational structure, or legal status of the company.

For purposes of clarity and legal consistency, the terms 'Ozone', 'Ozone Builds', 'Hidaku', 'Hidaku Studio', and 'Hidaku LLC' shall be considered synonymous and interchangeable in all past, present, and future communications, agreements, policies, and documents, unless explicitly stated otherwise. This includes any obligations, rights, terms, conditions, and provisions set forth in any agreement or policy established under the name Hidaku Studio.

We assure all our users and stakeholders that this rebranding and name change will not impact our services, policies, or our relationship with you. Any agreements or understandings previously in place under the name Hidaku Studio remain valid and enforceable under the name Ozone and its variants as mentioned above.

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Hidaku LLC Acceptable Use Policy

This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Hidaku LLC under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

Hidaku LLC customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

This policy was last reviewed on 4 January 2023.

Fair use

We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

Customer accountability

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

Prohibited activity

Copyright infringement and access to unauthorized material

Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

1. any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and
2. any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

SPAM and unauthorized message activity

Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

Unethical, exploitative, and malicious activity

Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

Other activities considered unethical, exploitative, and malicious include:

1. Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
2. Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
3. The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
4. Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
5. Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
6. Any act or omission in violation of consumer protection laws and regulations;
7. Any violation of a person’s privacy.

Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

Unauthorized use of Hidaku LLC property

We prohibit the impersonation of Hidaku LLC, the representation of a significant business relationship with Hidaku LLC, or ownership of any Hidaku LLC property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

Contract Agreements

All contract agreements are subservient to the policies and outlines found on our Policy page, accessible at https://ozonebuilds.com/policy. This is including but not limited to:

Section 1: Subordination to Policy

1.1 All terms and conditions set forth in this Contract Agreement ("Agreement") are subordinate to and governed by the policies and guidelines as outlined on the Ozone website, accessible at https://ozonebuilds.com/policy ("Policy Page"). In the event of any conflict or inconsistency between this Agreement and the Policy Page, the provisions of the Policy Page shall prevail.

Section 2: Coverage Plans and Payment Obligations

2.1 This Agreement applies to a company or organization whom sourced the client ("Partner") or individuals ("Client") representing a company or organization entering into a partnership with Ozone ("Provider").

2.2 In the event that the Client fails to make a scheduled payment under this Agreement, the Partner is obligated to pay all unpaid amounts due up to the seventh (7th) month of payment.

2.3 Outstanding billed months must be paid in full by the Partner and cannot be compensated through credit or budget allocations from existing agreements with the Provider.

2.4 The payment of outstanding amounts by the Partner as described in clause 2.2 must be completed within four (4) weeks or thirty (30) days from the due date of the missed payment, whichever is earlier.

2.5 In accordance with maintaining continuity in service provision, the Provider's coverage operations and services will not be suspended or paused due to the Client’s nor Partner's missed payments.

Refund Policy

Hidaku LLC enforces a strict no refunds policy across all its services and products, including subscriptions. This policy clearly states that there is no money-back guarantee offered on any service or product provided by Hidaku LLC. All sales are final and customers are encouraged to carefully consider their purchases, as refunds will not be issued once a transaction is completed.

This includes transactions with corporate partners. In the rare and exceptional circumstance where a refund might be considered, it will be solely at the discretion of Hidaku LLC and subject to an in-depth review of the specific situation. Customers should fully understand and accept this no refund and no money-back guarantee policy before engaging in any transactions with Hidaku LLC.

About this policy

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

• the date the customer uses our Products after we publish the revised version on our website; or
• 30 days after we publish the revised version on our website.

Hidaku LLC Non-Disclosure / Confidentiality Policy

This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Hidaku LLC under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

Hidaku LLC customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

This policy was last reviewed on 4 June 2023.

Informational Grounds

Confidential information ("Confidential Information") refers to any and all non-public information disclosed by the Disclosing Party to the Recipient, including but not limited to:

a. Trade secrets, technical data, or know-how.
b. Business, financial, marketing, and sales information.
c. Project plans, specifications, designs, and prototypes.
d. Software, algorithms, source code, and object code.
e. Customer and user data, including personally identifiable information.
f. Any other information identified as confidential at the time of disclosure.

Recipient Obligations

The Recipient agrees to:
a. Maintain the confidentiality of the Confidential Information.
b. Use the Confidential Information solely for the purpose of evaluating, discussing, or engaging in business with the Disclosing Party.
c. Exercise reasonable care to prevent the unauthorized disclosure, use, or dissemination of the Confidential Information.
d. Limit access to the Confidential Information to only those employees or contractors who have a need to know and are bound by similar confidentiality obligations.
e. Inform the Disclosing Party promptly upon discovery of any unauthorized disclosure, use, or loss of the Confidential Information.

The obligations of confidentiality do not apply to any information that:
a. Is already known to the Recipient at the time of disclosure.
b. Is or becomes publicly available without a breach of this Agreement.
c. Is rightfully obtained by the Recipient from a third party without any obligation of confidentiality.
d. Is independently developed by the Recipient without reference to the Confidential Information.
e. Is required to be disclosed by law, court order, or government regulation, provided that the Recipient gives the Disclosing Party prior notice to enable the Disclosing Party to seek a protective order or other appropriate remedy.

Ownership and Return of Confidential Information

The Confidential Information remains the property of the Disclosing Party. The Recipient shall promptly return or destroy all Confidential Information, including any copies or reproductions thereof, upon the written request of the Disclosing Party or upon termination of this Agreement. The Recipient shall provide written certification of such return or destruction upon request.

Remedies

The parties hereby agree that, in the event of a breach or threatened breach of this Agreement, the non-breaching party shall not pursue legal action as the sole and exclusive remedy for such breach or threatened breach, to the fullest extent permitted by applicable law and subject to

Notwithstanding, the parties acknowledge that the non-breaching party may seek equitable relief, including injunctive relief or specific performance, as a remedy for any actual or threatened breach of this Agreement, without prejudice to any other rights or remedies available under applicable law or in equity.

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The parties shall endeavor to replace any invalid, illegal, or unenforceable provision with a valid provision that, to the greatest extent possible, achieves the intended economic and legal effect of the invalid, illegal, or unenforceable provision.

Similar App Development

Both parties acknowledge and understand that Hidaku LLC may create and develop web and mobile applications that are similar to each other in functionality, design, or concept. This can mean producing multiple social media, dating, or gaming apps among others.

The parties agree that such similarities alone shall not constitute a violation of this Agreement, provided that no confidential information or proprietary assets of the Disclosing Party are used in the development of such similar applications. The Recipient shall exercise reasonable efforts to ensure that any similar applications developed do not infringe upon the intellectual property rights of third parties.

During the term of this Agreement and for a period of [60 months] after its termination, the Recipient shall not, directly or indirectly, solicit or employ any employees, contractors, or consultants of Hidaku LLC involved in the development of web and mobile applications without the prior written consent of Hidaku LLC.

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The parties shall endeavor to replace any invalid, illegal, or unenforceable provision with a valid provision that, to the greatest extent possible, achieves the intended economic and legal effect of the invalid, illegal, or unenforceable provision.

Prohibited activity (Reiterated)

Copyright infringement and access to unauthorized material

Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

1. any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and
2. any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

Unauthorized use of Hidaku LLC property

We prohibit the impersonation of Hidaku LLC, the representation of a significant business relationship with Hidaku LLC, or ownership of any Hidaku LLC property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.