Terms of Use

1. About these terms

These terms of use (“terms”) are an agreement between you and ODBS LLC (“ODBS”, “we”, “us”), a limited liability company organised in Wyoming, United States, at 30 N Gould St, Ste N, Sheridan, WY 82801, United States. They apply to the Terasim app, its online services, its website and our support (together, the “service”).

By creating an account, making a purchase or otherwise using the service, you accept these terms. If you do not agree, do not use the service.

Some features come with additional terms or notices that we show to you, such as consent screens, plan details or the product-specific terms in these terms. They form part of these terms. If they conflict, the order of priority is: the rights the law of your country gives you that cannot be waived, then the regional sections, then the product-specific terms, then the rest of these terms.

If you downloaded Terasim from Apple’s App Store, your licence to the app is also governed by Apple’s standard Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/), unless the App Store listing names these terms as the app’s licence agreement.

Our privacy policy explains how we handle personal data. It is a separate document and not part of this contract.

Read the privacy policy

2. Who can use the service

You must be at least 18 years old and able to enter into a binding contract to use the service. The service is not intended for anyone under 18.

You may not use the service if you are barred from doing so under the laws that apply to you, including export control and sanctions laws, or if we have previously ended your access for breaking these terms.

If you use the service on behalf of a company or another organisation, you confirm that you are authorised to accept these terms for it, and “you” also means that organisation.

3. Your account

Some features need an account, or the app may create a guest account for you automatically. Give accurate information and keep it up to date. An account is personal: do not share it, sell it or let others use it, except through sharing features the service offers.

Keep your sign-in method and your devices secure. You are responsible for what happens in your account, unless it is caused by our failure. Tell us at info@odbs.tech as soon as you think someone has used your account without permission.

Where the app offers it, you can delete your account in the app at any time. Deleting the app alone does not delete your account, and deleting your account does not cancel a subscription bought in an app store.

4. Your licence to use the service

Subject to these terms, we give you a personal, limited, non-exclusive, non-transferable and revocable licence to download, install and use Terasim on devices you own or control, and to use the service for your own personal purposes or the internal purposes of your organisation.

The app is licensed, not sold. We and our licensors keep all rights that these terms do not expressly give you.

Except where the law expressly allows it, you may not:

• copy, modify, translate or create derivative works of the app or the service;
• decompile, reverse engineer or disassemble the app, or try to extract its source code, models or underlying data;
• sell, rent, lend, sublicense or distribute the app or access to the service, or make them available to others outside the sharing features we offer;
• remove or change any copyright, trademark or other notices;
• get around, disable or interfere with security features, usage limits, access controls or purchase checks.

5. Purchases from us

When you buy from us directly, for example on our website or in the app with a payment card, the price, what you get, how payment works and how refunds work are shown before you confirm and are set out in the product-specific terms and policies linked from the checkout. Payments are processed by our payment service providers; we do not store full card numbers.

You confirm that you are entitled to use the payment method you provide. We may refuse or cancel an order, for example if we suspect fraud, if the item is unavailable or if a pricing error is obvious; if we do, you are not charged or you get a full refund.

Please contact us at info@odbs.tech before disputing a charge with your bank, so that we can try to solve the problem. Nothing in this section limits the rights that consumer law gives you.

6. Your content

“Your content” means anything you enter, upload, record, scan, import, create or store with the service, such as text, photos, files, codes, links, notes and other information, and the results the service produces for you. As between you and us, your content belongs to you, and to the extent we have any rights in results produced for you, we assign them to you. Results that are similar or identical for other users are not yours.

You give us a worldwide, non-exclusive licence, without any royalty, to host, store, copy, process, transmit, adapt and display your content, through our service providers where needed, only to provide, secure, maintain and support the service for you, to do what you ask (for example to sync it, analyse it or share it with people you choose) and to comply with the law. This licence ends when your content is deleted from the service, except for copies we must keep by law, backup copies that are deleted on their normal schedule, and content you have already shared with others.

We do not use your content to train our own artificial intelligence models. How each feature handles your content, including any third-party service providers, is explained in our privacy policy.

You are responsible for your content and confirm that you have all the rights and permissions needed to use it with the service, including the consent of people who appear in it. Keep your own copies of anything important: content stored only on your device can be lost if you remove the app or lose the device, and we do not promise to keep any content indefinitely.

We are not obliged to monitor content, but we may review, remove, block or limit content, links or codes that we reasonably believe break these terms or the law, or put others at risk, as described for Terasim.

7. Acceptable use

Use the service lawfully and with respect for others. In particular, do not use it to:

• break any law or regulation, or encourage or help others to do so;
• infringe the intellectual property, privacy, publicity or other rights of others;
• create, store or share content that is illegal, deceptive, defamatory, harassing, threatening or hateful, that promotes violence or self-harm, or that sexually exploits or endangers children;
• create or share intimate or sexual images of a real person without their consent;
• send spam or unsolicited messages, spread malware or phishing, or create links or codes that lead people somewhere other than they expect;
• collect, process or disclose other people’s personal data without a legal basis, or track, monitor or stalk anyone;
• impersonate someone, or misrepresent your identity or your connection with a person or organisation;
• access the service by automated means or other than through the interfaces we provide, scrape it, or disturb, overload or attack our servers and networks;
• probe, test or break security measures, or get around usage limits, purchases or access restrictions;
• copy, resell or commercially exploit the service, or use it or its output to build a competing product.

If you see content or behaviour in the service that you believe is illegal or breaks these terms, tell us at info@odbs.tech. We may investigate suspected misuse, remove content, limit features and cooperate with the authorities where the law requires it.

8. Additional terms for Terasim

9. No professional advice and no emergency service

Information in the service and on our websites, including guides, estimates and calculations, is general information only. It is not medical, nutritional, legal, financial, tax or other professional advice and does not replace advice from a qualified professional.

The service is not designed for emergencies or for situations where a failure could lead to death, injury or serious damage. In an emergency, contact your local emergency services.

10. Third-party services and links

The service may use or link to services, websites, content or apps that we do not control, such as app stores, sign-in providers, payment and subscription services, operating system features and the websites that links lead to. Their own terms and privacy policies apply, and we are not responsible for their content, availability or practices.

Opening a link, connecting another service or giving the app access to another service is your choice and at your own risk.

11. Our intellectual property and feedback

The service, including its software, design, text, graphics, logos and the Terasim and ODBS names, is owned by ODBS LLC or its licensors and protected by intellectual property laws. These terms do not give you any right to use our names, logos or trademarks. Other names and brands mentioned in the service belong to their owners, and mentioning them does not mean that they endorse us or that we are affiliated with them.

If you send us ideas, suggestions or feedback, you allow us to use them without restriction or payment to you. This does not give us any rights in your content.

12. Changes, updates and availability

We work to keep the service useful and available, but we do not promise that it will always be available, uninterrupted, timely, secure, without errors or compatible with every device, operating system version or network. Many features need an internet connection, and your network provider’s charges apply.

We may update, change, limit or discontinue features or the service, for example to improve it, fix problems, keep it secure, follow the law or respond to changes by our providers. Some updates may be required to keep using the service. If we discontinue the service or a paid feature as a whole, we will give reasonable advance notice where possible and, where the law requires it, a pro-rata refund for paid periods you can no longer use.

Features labelled as preview or experimental may be incomplete, may change or may be removed at any time, and are provided without any commitment.

13. Suspension and termination

You can stop using the service at any time and, where the app offers it, delete your account in the app.

We may suspend or end your access to the service, or to part of it, if you seriously or repeatedly break these terms, if your use creates a risk or legal exposure for us, other users or third parties, if we are required to by law or by an authority, or if we discontinue the service. Where it is reasonable and allowed, we will tell you first, explain why and give you a chance to fix the problem or to export your data. If we end a paid service without cause, you are entitled to a pro-rata refund of fees paid to us for the period after termination, as the law requires.

Sections that by their nature should continue after these terms end, such as those about content licences, intellectual property, disclaimers, limitation of liability, indemnity, disputes and governing law, continue to apply.

14. Disclaimers

To the fullest extent the law allows, the service is provided “as is” and “as available”, with all faults and without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. We do not warrant that the service will meet your needs, that results will be accurate or reliable, that the service will be uninterrupted, timely, secure or without errors, or that data will never be lost.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in these terms excludes or limits rights you have as a consumer that cannot be excluded or limited under the law of your country.

15. Limitation of liability

To the fullest extent the law allows, ODBS LLC and its affiliates, officers, employees, agents, licensors and service providers are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunities, arising out of or related to the service or these terms, whatever the legal theory, even if we were told that such damages were possible.

To the fullest extent the law allows, our total liability for all claims arising out of or related to the service or these terms is limited to the greater of the amount you paid for Terasim in the twelve months before the event giving rise to the claim and 50 US dollars.

These limits do not apply to liability that cannot be limited or excluded by law, such as liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for intentional misconduct or gross negligence, or to your statutory rights as a consumer. They are an essential part of the bargain between you and us and apply even if a remedy fails of its essential purpose.

16. Indemnity

If you use the service for business purposes, or if you live in the United States, you agree, to the extent the law allows, to defend, indemnify and hold harmless ODBS LLC and its affiliates, officers and employees from claims brought by third parties, and the related damages, losses and reasonable costs, including legal fees, that arise from your content, your breach of these terms, or your violation of the law or of the rights of others. This does not apply to the extent that a claim is caused by our own breach or negligence. We will tell you about such a claim promptly and let you take part in the defence.

17. Resolving disputes

Most problems can be solved quickly by talking to us. Before starting any formal proceeding, please contact us at info@odbs.tech.

If you live in the United States, please read this section carefully: it affects your rights. It requires you and us to resolve most disputes by individual arbitration instead of in court and waives class actions and jury trials. It does not apply if you live in the European Economic Area, the United Kingdom, Switzerland or Türkiye; see the regional sections.

Informal resolution. Before starting an arbitration or a court case, the party with the claim must send the other a written notice describing the claim and the relief sought. Your notice must be sent to info@odbs.tech with the subject “Dispute notice”, must include your name, the e-mail address or account you use with Terasim and a description of the claim, and must be signed personally by you, even if a lawyer represents you. Our notice will be sent to the e-mail address associated with your use of the service. We both agree to try in good faith to resolve the dispute for 60 days after the notice is received, including, at either party’s request, by an individual video or phone call. Limitation periods are paused during these 60 days.

Agreement to arbitrate. If the dispute is not resolved, you and ODBS agree that any dispute, claim or controversy arising out of or relating to the service, these terms or our privacy policy, including their formation, scope and validity, will be resolved by binding individual arbitration, except as described below. The Federal Arbitration Act governs this agreement to arbitrate. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, as modified by these terms (available at https://www.adr.org). A single arbitrator will decide, may award on an individual basis any relief available in court, and must follow these terms and the law. Hearings can take place by video or phone or in the county where you live, and claims of 25,000 US dollars or less can be decided on the documents if you choose. Payment of filing, administration and arbitrator fees will follow the AAA’s rules, under which our share is usually the larger one.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may ask a court for an order to stop the infringement or misuse of intellectual property. Claims for public injunctive relief, where the law does not allow them to be waived or arbitrated, will be decided by a court after the arbitration of all other claims.

Class action and jury trial waiver. You and ODBS may bring claims against each other only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate the claims of different people or award relief to anyone other than the individual party, except as described for mass filings below. You and ODBS waive any right to a jury trial.

Mass filings. If 25 or more similar claims are brought against ODBS or by ODBS by or with the help of the same or coordinated lawyers, they will be administered under the AAA’s Mass Arbitration Supplementary Rules and resolved in stages: first, up to 10 claims chosen by each side will be arbitrated individually, while all other claims stay on hold and their limitation periods remain paused. After these first cases, the parties will mediate the remaining claims in good faith. If they are not resolved within 90 days after the mediation starts, either party may choose, within 30 days, to have the remaining claims decided individually in court instead of by arbitration. A court, not an arbitrator, decides any dispute about this paragraph and about the class action waiver.

Your right to opt out. You may opt out of this agreement to arbitrate within 30 days after you first accept these terms, or, if you already used the service before this agreement to arbitrate was added, within 30 days after you are notified of it. To opt out, e-mail info@odbs.tech with the subject “Arbitration opt-out”, your name and the e-mail address or account you use with Terasim. Opting out does not affect any other part of these terms, or any separate agreement to arbitrate you have with us.

Changes and severability. If we change this agreement to arbitrate, the change will not apply to a claim that one of us has already notified, and you may reject the change by e-mailing us within 30 days after it takes effect, in which case the previous version continues to apply to you. If the class action waiver is found unenforceable for a claim, that claim will be decided by a court and not in arbitration. If any other part of this agreement to arbitrate is found unenforceable, the rest remains in effect.

Governing law and courts. These terms and any dispute arising out of or relating to them or to the service are governed by the laws of the State of Wyoming, United States, and by applicable United States federal law, without regard to conflict-of-law principles. Any dispute that is not arbitrated will be decided exclusively by the state courts located in Sheridan County, Wyoming, or the United States District Court for the District of Wyoming, and you and we submit to their jurisdiction. This paragraph does not deprive you of the protection of the mandatory laws of the country where you live or of your right to bring proceedings in its courts, as described in the regional sections.

Time to bring a claim. To the extent the law allows, any claim arising out of or relating to the service or these terms must be brought within one year after the claim arises; otherwise it is permanently barred. This does not apply where the law forbids shortening the time to bring a claim.

18. If you live in the European Economic Area, the United Kingdom or Switzerland

If you are a consumer living in the European Economic Area, the United Kingdom or Switzerland, this section applies to you and prevails over any other part of these terms.

• You keep the protection of the mandatory consumer laws of the country where you live, and you can bring proceedings about these terms or the service in the courts of that country. The agreement to arbitrate, the class action and jury waivers, the indemnity, the one-year time limit and the choice of exclusive Wyoming courts do not apply to you.
• You have the statutory rights of a consumer for digital content and digital services, including the right to a service that conforms to the contract. The disclaimers in these terms do not affect those rights.
• We are liable without limitation for intent and gross negligence, for death or personal injury, and wherever the law does not allow liability to be limited. For slight negligence we are liable only for the breach of obligations that are essential to the contract and on which you can normally rely, and only up to the damage that was typical and foreseeable when you accepted these terms.
• When you buy digital content or a digital service, you may have a right to withdraw from the purchase within 14 days. For purchases in an app store, the store handles withdrawals and refunds under its terms. Where you buy from us directly, the checkout explains your right of withdrawal and, if you ask us to start providing the service or the digital content immediately, when that right ends.
• We will only change these terms for valid reasons, such as changes to the service or to the law, and will give you reasonable advance notice of changes that affect you. If you do not agree, you can end the contract before the change takes effect.

19. If you live in Türkiye

If you are a consumer living in Türkiye, this section applies to you and prevails over any other part of these terms.

• You keep all your rights under Turkish consumer law, including Law No. 6502 on the Protection of Consumers and the Turkish Code of Obligations. Nothing in these terms limits those rights.
• For disputes up to the monetary limit set each year, you can apply to the consumer arbitration committee (tüketici hakem heyeti), and above that limit to the consumer courts, including those where you live. The agreement to arbitrate, the class action and jury waivers, the one-year time limit and the choice of exclusive Wyoming courts do not apply to you.
• Any limitation of our liability does not apply to intent or gross negligence, or where Turkish law does not allow liability to be limited. Statutory limitation periods apply.
• A change to these terms that is to your disadvantage applies to you only if you accept it; if you do not, you can end the contract before the change takes effect.
• For purchases in an app store, the store’s terms and Turkish consumer law apply to the purchase. Where you buy from us directly, the information required by Turkish law for distance contracts is shown before you confirm.

20. Apple

If you downloaded Terasim from Apple’s App Store, the following also applies:

• These terms are between you and ODBS LLC only, not with Apple. ODBS LLC, not Apple, is solely responsible for the app and its content.
• Your licence to use the app is limited to using it on Apple-branded devices that you own or control, as permitted by the Usage Rules set out in the App Store Terms of Service, except that it may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Apple has no obligation to provide maintenance or support for the app; contact us for support.
• If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent the law allows, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are ODBS LLC’s responsibility, to the extent these terms do not exclude them.
• ODBS LLC, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including product liability claims, claims that the app fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the app or your possession and use of it infringes their intellectual property rights, ODBS LLC, not Apple, is responsible for investigating, defending, settling and discharging that claim, to the extent required by these terms.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with the terms of any third-party agreement that applies when you use the app, such as your mobile network operator’s terms.
• Questions, complaints and claims about the app can be sent to ODBS LLC at the contact details at the end of these terms.
• Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, Apple will have the right, and will be deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

21. Changes to these terms

We may update these terms, for example when the service changes or the law requires it. We publish the new version on this page with a new date and keep earlier versions available on request. If a change materially affects your rights, we will give you at least 30 days’ notice before it takes effect, for example by e-mail, in the app or on this website, unless the change is required by law or concerns a new feature. Changes do not apply retroactively.

Where the law allows, continuing to use the service after a change takes effect means that you accept the updated terms. Where the law or these terms require your express agreement, we will ask for it. If you do not agree to a change, stop using the service before the change takes effect and, where offered, delete your account; for subscriptions, cancel them in your store account.

22. General terms

Entire agreement. These terms, together with any additional terms we show you for specific features, are the entire agreement between you and us about the service and replace any earlier agreements about it.

Electronic communications. You agree that we may communicate with you electronically, for example by e-mail, in the app or on this website, and that these communications satisfy any legal requirement for written communication. Notices to us must be sent to info@odbs.tech.

Assignment. You may not transfer your rights or obligations under these terms without our consent. We may transfer ours, for example to a company that takes over the service or in a merger, as long as your rights under these terms are not reduced; where the law requires it, we will tell you.

Events outside our control. We are not responsible for any delay or failure to perform caused by events outside our reasonable control, such as natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, failures of networks, power, hosting or other providers, cyberattacks, or actions of governments or authorities.

Severability and waiver. If any part of these terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the rest of these terms stays in effect. If we do not enforce a right or provision, we have not waived it.

Export and sanctions. You must comply with the export control and sanctions laws that apply to you and to the service, and you may not use or export the service where those laws prohibit it.

Language. These terms are written in English. Translations are provided for convenience; if a translation differs from the English version, the English version prevails, unless the law of your country requires otherwise.

Headings and examples. Headings and the short version are for convenience only. Words such as “including” and “for example” introduce examples and do not limit what comes before them.

23. Contact

ODBS LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, United States. E-mail: info@odbs.tech. Please include “Terasim” in your message so that we can help you faster.