Terms of Use
Last Modified Date: 24 April 2024
Before using the Services (as defined below) provided by Ottodot Pte. Limited, it is important that you carefully review the terms of use ("Agreement").
1. General
1.1. Ottodot Pte. Limited ("Ottodot," "Company," "we," or "us") commits to delivering services over the internet and mobile networks (collectively, "the Services") as outlined in these Terms of Use (referred to as "the Terms") and the operational guidelines that will be issued by Ottodot periodically (collectively, "Operating Rules").
1.2. To access the Services, you, the service user ("User" or "you"), must agree to all conditions specified in these Terms and follow the registration steps as directed on the Ottodot platform ("Platform").
1.3. Please thoroughly review and comprehend the details of these Terms. Pay particular attention to sections that outline the limitations of our liability, the conditions governing the licensing of rights and usage of information, and the clauses concerning the legal jurisdiction and resolution of disputes.
1.4. By proceeding with the registration process on the Platform, you are affirming your complete acceptance of these Terms and your commitment to adhere to them. If you disagree with any part of these Terms, please cease the registration process immediately, as we will not be able to provide you with the Services.
1.5. You must be at least 13 years old to use the Services. Nevertheless, minors of any age may access the Services if they are enabled to do so by a parent or legal guardian.
2. Services
2.1. This Agreement governs your use of all services provided by Ottodot, which include interactive educational games such as Ottoworld Mastery Mode and Ottoworld, hosted on third-party platforms like Roblox, as well as our website and downloadable applications accessible via www.ottodot.com and https://parent.ottodot.com/. Additionally, our online classes are conducted through third-party platforms such as Google Meet. The term "Services" encompasses all current and future modes of delivery, including any services delivered on or through third-party platforms not owned or controlled by Ottodot. When we refer to "you" in this Agreement, we are referring to any user of the Services, including students, parents, or educators.
2.2. Ottodot will deliver the Services based on prevailing circumstances, which include, but are not limited to, online live courses and asynchronous courses.
2.3. Certain Services offered by Ottodot, such as online live courses and asynchronous courses, are fee-based and require payment. You must pay the specified fees to access these chargeable Services. Ottodot will provide clear instructions on how to access and pay for these Services. Access to these Services is contingent upon receipt of the appropriate fees. Should you decide not to pay these fees, Ottodot reserves the right to withhold access to these chargeable Services.
2.4. Ottodot coordinates the delivery of Services, which may include the use of third-party platforms such as Google Meet for online classes and Roblox for gaming. While these services are facilitated by Ottodot, they are accessed through external platforms. You are responsible for all associated costs, such as internet access and any other fees related to the use of third-party services.
2.5. You agree to use the Services in compliance with all applicable laws and regulations of Singapore. Additionally, you must make all necessary arrangements to access the Services.
2.6. All classes conducted by Ottodot are recorded. These recordings are used to enhance the educational experience and may be utilized for quality assurance and training purposes. Ottodot may use these recordings in marketing and promotional materials to highlight and demonstrate the interactive and educational aspects of our services. This use helps to inform prospective students and educators about the nature and quality of our educational offerings.
2.7. Due to the nature of our group classes, it is not feasible to offer an opt-out option for individual participants from being recorded during lessons. Participation in our lessons, which are recorded for educational and promotional use, is considered consent to this practice. If you have concerns about this policy, please contact us at info@ottodot.com to discuss potential accommodations or alternatives.
2.8. You acknowledge and agree that Ottodot reserves the right to display various advertisements and commercial information as part of providing the Services. This may include, but is not limited to, placing advertisements within the platform.
2.9. Additionally, you consent to receive product promotions and other relevant commercial information from Ottodot via email or other communication methods.
2.10. By enrolling a student in Ottodot and using our services, you grant Ottodot permission to use the student's learning progress, including homework results and other academic achievements, in our promotional materials. This includes showcasing such achievements on our platform, in advertisements, and in other marketing communications to highlight the effectiveness of our educational services.
2.11. We understand that some parents or guardians may prefer not to have their child's academic information used in this manner. You may opt-out of this use at any time. To opt-out, please access the specific settings in your user account or contact us at info@ottodot.com. Once you opt-out, we will cease to use your child's new academic information for promotional purposes, although previously created materials may continue to be in use.
2.12. The privacy and security of our students' information are paramount. All information will be handled sensitively and in accordance with our Privacy Policy and applicable data protection laws. Only aggregated or anonymized data that does not identify any individual student may still be used universally without an opt-out option.
2.13. Please refer to our separate Class Policy page for detailed rules and expectations regarding attendance, scheduling and security deposit. By using our Services, you agree to abide by these guidelines as well as the terms outlined in this Agreement.
3. Additional Terms
3.1. Your use of the Services, including games hosted on third-party platforms and online classes conducted via third-party tools, may be subject to additional terms, conditions, policies, rules, or guidelines applicable to such third-party platforms as well as those that apply to specific features of the Services provided by Ottodot. This includes but is not limited to, terms related to the use of third-party platforms where our games are hosted and tools used for conducting online classes. Such additional provisions, as well as the terms and conditions of the third-party service providers, will be communicated to you through postings on our platforms or directly via other communication methods such as email or in-app notifications.
3.2. By using any part of the Services, including third-party platforms and tools, you agree that these additional terms, along with the third-party terms and conditions, are incorporated by reference into this Agreement and form a part of the binding contract between you and Ottodot.
4. Amendments
4.1. Ottodot reserves the right to update or modify these Terms as necessary. When changes are made, the updated Terms will be posted on https://www.ottodot.com/ (our “Website”). Such publication will serve as notice to you of any changes. The amended terms will take effect from the date of publication. Ottodot may also communicate changes through other suitable methods. It is your responsibility to review the Terms regularly to ensure you are aware of and agree to the current terms each time you use the Services.
4.2. Should you disagree with any updates or modifications to these Terms, you have the option to discontinue using the Services. By continuing to use the Services after changes are made, you are implicitly agreeing to the revised Terms.
5. User accounts
5.1. We extend account access to the following individuals or organizations who use our Services (each referred to as a "User," and collectively as "Users"):
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"Parent Users" or "Parents" (including parents and guardians of Student Users).
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"Student Users" or "Students" (a child and/or student who utilizes the Services).
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"Teacher Users" or "Teachers" (Ottodot's own educators, whether they are employed full-time, part-time, or on a freelance basis, as well as external teachers from other institutions that subscribe to our services. This category also encompasses administrators or school officials who manage a Teacher account with the capability to create and oversee Student User accounts).
5.2. Both Parent Users and Teacher Users are accountable for the actions taken by any Student Users linked to their account.
6. Use of the services
6.1. As a User of the Services, you are required to comply with this Agreement and all applicable laws, rules, and regulations, particularly those concerning online conduct, acceptable content, and secure data transmission. All content, features, and functionalities of the Services are owned by Ottodot or its licensors. Under this Agreement, Ottodot grants you a limited, revocable, non-exclusive, and non-transferable license to access and use the Services for your personal, non-commercial purposes. We reserve the right to modify, restrict access to, or discontinue any aspect of the Services at our sole discretion and without prior notice.
6.2. You represent and warrant that you are of legal age to form a binding contract, or if you are a minor, that you have obtained your parent's or legal guardian's consent to use the Services, and that they have read and agreed to the Terms and Conditions on your behalf.
6.3. You are responsible for any activity that occurs through your account, maintaining your account information and password confidential, and limiting access to your account and computer. If you suspect that your account has been compromised or there has been unauthorized use of your account, please inform us immediately at info@ottodot.com using the contact information provided in this Agreement.
6.4. Parent Users and Teacher Users must oversee the use of Ottodot services by minors linked to their accounts. They are responsible for ensuring that minors use the Services in accordance with our Terms and Privacy Policy.
7. Prohibited conducts
7.1. By utilizing the Services, you agree to refrain from engaging in fraudulent, abusive, or illegal activities and acknowledge that doing so may result in the termination of your right to access or use the Services.
7.2. Prohibited activities include, but are not limited to:
7.2.1. Unauthorized access, including hacking, and any attempt to breach the security or integrity of the Services.
7.2.2. Misuse of user data or attempting to obtain such data without proper consent.
7.2.3. Disrupting the Services through the use of automated systems ("bots," "spiders," or "scrapers") or through other means that impose an unreasonable load on our infrastructure.
7.2.4. Transmitting harmful software or malicious code that could damage, disable, or impair any part of our Services or the user experience.
7.2.5. Using the Services for any unauthorized commercial purposes or spamming.
7.2.6. Any actions that interfere with the operation of the Services or that bypass measures we use to restrict access or use.
7.3. Ottodot reserves the right to monitor all activities on its platform. We may take any action we deem necessary in response to actual or suspected violations, including, but not limited to, restricting access, modifying or removing content, or terminating accounts.
If you witness or suspect any breach of these prohibited conducts, please report it immediately to us at info@ottodot.com. Your proactive involvement is crucial in maintaining the safety and integrity of our community.
8. Acceptable use and code of conduct
8.1. When using the Services, you must comply with the following guidelines:
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Respect the privacy and rights of other users.
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Avoid any behaviors or content that could be seen as threatening, abusive, discriminatory, or harmful.
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Refrain from posting or transmitting any content that could be considered offensive, such as hate speech, explicit material, or violent content.
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Act in a manner that is conducive to a safe and welcoming environment for all users, particularly minors.
8.2. Violations of these guidelines may result in immediate suspension or termination of your access to the Services, at Ottodot’s sole discretion. We are committed to enforcing these rules to protect our users and maintain the quality of our services.
9. Product descriptions, fees, payment, and renewing subscriptions
9.1. Product descriptions: The accuracy, completeness, currency, and error-free nature of the descriptions and pricing of our Services published in our pricing and fee schedules are not guaranteed. Additionally, we may change, withdraw, or discontinue the descriptions, pricing, and availability of Services at any time and at our sole discretion, without providing a reason. We reserve the right to reject or refund any purchases that result from inaccuracies, errors, or discrepancies without any liability. If a Service is not as described, your only recourse is to stop using it.
9.2. Fees: Fees for our services, including the terms for any necessary payments and any changes, are detailed at the time of purchase or subscription. We will provide advance notice of any changes to our fee structure or payment terms before they take effect, typically via email or through a notification on our platform. All fees are billed in advance and are non-refundable, except as expressly provided in these terms.
9.3. Payment: All fees must be paid according to the payment terms in effect at the time of payment. We may offer promotional trials or limited-time discounts for certain Services or Users, subject to specific terms and conditions communicated at the time of the offer. If you do not pay the applicable fees for a Service, you will not be able to access its features. All fees are billed in advance and are non-refundable, except as expressly provided in these terms.
9.4. We do not store credit card information directly, as it is stored by third-party payment providers that process payments on our behalf. If your payment method is denied, you agree to pay all amounts due and are solely responsible for any disputes with your payment provider. We reserve the right to recharge the credit card or payment method for any outstanding amounts. We will not charge you more than the fees for the Service(s) you have purchased. Please note that Ottodot is not responsible for any data breaches affecting your information that occur through our payment processors.
9.5. Subscription and renewal: Subscriptions to our Services are automatically renewed at the end of each subscription period, using the payment details on file. You may cancel your subscription at any time via your account settings, which will cease the automatic renewal of your subscription. Please ensure cancellations are made at least 24 hours before the renewal date to avoid being charged for the next period.
9.6. Subscription cancellation: You can cancel your subscription at any time. Upon cancellation, you will continue to have access to the subscribed services through the end of your current billing period. Please note that we do not provide refunds for any partial subscription periods or unused services, except as required by law.
10. Ottodot content and intellectual property rights
10.1. The Services and its complete contents, including software, information, design, graphics, audio, video, text, photographs, presentation, selection, arrangement, and other features and functionality (referred to as "Ottodot Content") are the property of Ottodot and its licensors. These materials are protected by domestic and international intellectual property laws, including trademark, copyright, and other proprietary rights laws. The Services and all of its content, functionality, and features are intended for personal, non-commercial use by our Users and can only be used in accordance with this Agreement. You acknowledge that the use of the Services does not transfer any ownership of intellectual property or proprietary rights in the Services or Ottodot Content to you, and all such rights are exclusively owned by the Company or its licensors, excluding User Content as defined below. You are not permitted to use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit any Ottodot Content, except as expressly permitted in this Agreement. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services.
10.2. You agree not to allow any third party, for your own benefit or otherwise, to engage in the following activities: (i) running, licensing, renting, leasing, distributing, or selling access to the Services or Ottodot Content; (ii) building or supporting, or assisting a third party in building or supporting, products or services that compete with the Services or use similar ideas, features, functions, interface, or graphics of the Services; (iii) using, storing, copying, reproducing, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, uploading, creating derivative works from, displaying, licensing, selling, or otherwise exploiting the Services or Ottodot Content for any purpose other than as expressly authorized by this Agreement; (iv) decompiling, reverse engineering, disassembling, or otherwise attempting to obtain the source code of the Services or Ottodot Content; (v) circumventing, disabling, or otherwise interfering with or altering security-related tools or features; (vi) removing, obscuring, or altering any copyright, logo, trademark, or other legal notices or otherwise using the Services in a manner that creates the impression that the Services or Ottodot Content belong to any entity other than Ottodot. However, please note that (i) your computer or browser may temporarily store or cache copies of materials being accessed and viewed, (ii) if social media platforms are linked to certain content on the Services, you may take such actions as our Services and such third-party social platforms permit, and (iii) for downloadable applications only, one copy may be downloaded with any proprietary notices intact, for personal, non-commercial use, pursuant to the terms of this Agreement.
10.3. The Company shall not be held liable in any manner whatsoever for any Ottodot Content, including but not limited to any errors or omissions in such content, or any loss or damage of any nature arising from or related to the use of or exposure to any Ottodot Content that is posted, emailed, accessed, transmitted or otherwise made available through the Services.
10.4. During the use of the Services, all users (Parent User, Student User, Teacher User) may submit content, excluding personally identifying information, which can be used by Ottodot to support and provide the Services ("User Content"). In order for Ottodot to provide the Services, you hereby give Ottodot a limited, non-exclusive, sublicensable, worldwide, royalty-free, and transferable right and license to use the User Content, whether it is in storage or in transit, including the right to: (i) use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, and create derivative works from the User Content (such as changes made to ensure that your User Content functions properly with the Services); (ii) create, use, and disclose metrics and analytics relating to User Content; and (iii) process User Content for the purpose of improving the Services, developing products, conducting research, providing personally relevant services, or other lawful purposes. By providing User Content, you represent and warrant that: (i) you own or have the necessary rights to provide the User Content; (ii) you have the right to grant the license described above to us and our affiliates and service providers, as well as each of their and our respective licensees, successors, and assigns; (iii) you waive your moral rights in the User Content; and (iv) all User Content complies with applicable laws and regulations.
10.5. The content transmitted through the Services is the sole responsibility of the User who originated it, and Ottodot cannot be held liable for any errors or omissions in such User Content. Ottodot does not guarantee the authenticity of any data that Users may provide about themselves. You acknowledge that accessing any Ottodot Content while using the Services is at your own risk and that you are solely responsible for any damage or loss resulting from it. Users understand that the Company has the right, but not the obligation, to pre-screen, filter, edit, remove, refuse, post, display, or transmit any User Content, in whole or in part, through or on the Services at any time, and for any or no reason, without notice and without any liability of any kind.
10.6. By posting content to our platforms, you grant Ottodot a non-exclusive, royalty-free, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your user content on our platforms and in all marketing materials related to the service. This use may include promotional campaigns, advertisements, and other marketing strategies.
10.7. Users have the option to opt-out of having their content used in such a manner at any time. Users may submit a written request to our customer support team at support@ottodot.com. Upon receipt of an opt-out request, Ottodot will cease to use the specified content for any new marketing activities.
10.8. In order to enhance the Services, we may occasionally request Feedback from Users through surveys, inquiries, or other means, or Users may voluntarily provide feedback, comments, suggestions for improvements, reviews, or testimonials in any form (“Feedback”). Participation in any survey, inquiry or request for Feedback is voluntary and does not affect access to or use of the Services.
10.9. By providing Feedback, you agree to assign to Ottodot all rights, titles and interests in any Feedback, and waive any moral rights in such Feedback. Nothing in this Agreement limits Ottodot's right to use, exploit, disclose, publish, maintain in confidence, or otherwise utilize Feedback, without notice, approval, or obligation to compensate or credit the User or any individual who provided such Feedback.
11. Important health warning about photosensitive seizures
11.1. Certain visual images, including flashing lights or patterns that may appear in video games or other online activities, can trigger seizures in a small percentage of people. Even those without a history of seizures or epilepsy may have an undiagnosed condition that can cause "photosensitive epileptic seizures" while playing video games. If you or your students experience symptoms such as lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness, stop playing immediately and consult a doctor. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling or striking nearby objects. Parents and teachers should watch for these symptoms and ask children about them. To reduce the risk of photosensitive epileptic seizures, consider the following precautions:
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Play in a well-lit room
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Avoid playing if you are feeling fatigued or drowsy
11.2. Please consult a doctor before playing video games or other screen-focused activities if you or any of your relatives have a history of seizures or epilepsy.
12. Privacy
12.1. At Ottodot, safeguarding our users' privacy is a fundamental principle. Please consult our Privacy Policy for detailed information on how we handle personal information. By agreeing to these Terms, you acknowledge that you have reviewed and consent to adhere to our Privacy Policy.
13. Third-party services
13.1. The Services may provide links to services or websites operated by third parties ("Third-Party service(s)") which are not controlled or owned by Ottodot. Additionally, you may access our Services by logging in through a Third-Party service (e.g., Roblox). Please note that Ottodot is not affiliated with nor endorses any Third-Party services. When you access or use such services, you do so at your own risk and agree that Ottodot is not responsible for any Third-Party services. You represent and warrant that you have read and agreed to comply with all applicable policies, in addition to your obligations under this Agreement. Ottodot does not control the content, accuracy, privacy policies, practices, or opinions expressed in any Third-Party service or by any third party. Additionally, Ottodot does not monitor, verify, censor, or edit any third-party content or their services. By using our Services, you acknowledge and agree that Ottodot is not liable for any damages resulting from your use of any Third-Party service(s), and you hold us harmless from any liability that may arise. For more information about Ottodot's treatment of personal information, please review our current Privacy Policy.
13.2. Any transactions, dealings, or interactions between you and individuals or organizations found on or through the Services, including payment and delivery of goods or services, are solely your responsibility. Before engaging in any online or offline transactions with these third parties, it is your responsibility to conduct any necessary investigation or evaluation of such individuals or organizations. You acknowledge and agree that Ottodot shall not be responsible or liable for any loss or damage incurred as a result of any such dealings. If there is a dispute between participants on any part of the Services subject to this Agreement, or between Users and any third party, Ottodot has no interest in such disputes and is not obligated to become involved.
14. Dispute Resolution
14.1. If you are a user located in Singapore, any dispute related to these Terms and Conditions (including the Privacy Policy) shall be resolved through arbitration in Singapore, in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules"), which are incorporated by reference in this clause. The arbitration shall be conducted in English and presided over by one arbitrator.
14.2. For users located in the United States, please carefully review the section "Arbitration and dispute resolution; class action waiver," as it is part of your contract with us and affects your rights. This section includes procedures for mandatory binding arbitration and a waiver of class action.
15. Arbitration and dispute resolution; class action waiver
15.1. This section allows for efficient resolution of any disputes between Ottodot and its users. In the event of any dispute, including but not limited to federal or state statutory claims, common law claims, and those based on tort, fraud, misrepresentation, or contract, arising from or related to the Services, these Terms, or their breach, termination, enforcement, interpretation, formation, or validity, both parties agree to the following resolution process. The arbitrator will decide all issues, including those related to the scope, conscionability, severance, and enforceability of this arbitration agreement. The parties acknowledge that this Agreement involves interstate commerce. Despite the substantive law applicable to any arbitration, any arbitration under this Agreement will be governed by the Federal Arbitration Act, which also governs the interpretation and enforcement of this agreement to arbitrate.
15.2. The parties acknowledge that resolving disputes through informal efforts can often result in a mutually beneficial outcome. Therefore, before either party initiates arbitration proceedings, we agree to make a good-faith effort to resolve any claim covered by this arbitration agreement through a personal meeting or videoconference. If you have legal representation, your counsel may participate in the conference, but you must also attend. The party initiating the claim must provide written notice to the other party of their intention to initiate an informal dispute resolution conference, which must take place within 30 days of the other party receiving such notice, unless both parties mutually agree to an extension. To inform Ottodot of your intention to initiate an informal dispute resolution conference, send an email to info@ottodot.com, including your name, contact information, a description of your claim, and a proposed resolution. Fulfilling the condition of engaging in an informal dispute resolution conference is necessary before commencing arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of the informal dispute resolution conference.
15.3. In the event that an agreed-upon resolution is not reached within 30 days of the informal dispute resolution conference, both you and Ottodot consent to binding arbitration as the sole means of resolving the Dispute, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) in effect at the time. The arbitration proceedings will be presided over by a single neutral arbitrator who is a lawyer or retired judge, and will be conducted in accordance with the AAA's Consumer Arbitration Rules. The arbitrator will base their decision solely on applicable law, the terms of this Agreement, and any relevant evidence presented on the record. The arbitrator's decision will be accompanied by a reasoned explanation.
15.4. Alternative Dispute Resolution. In arbitration, a neutral arbitrator will resolve any disputes submitted by the parties. Unlike in court, there is no judge or jury, and the arbitration proceedings are subject to confidentiality rules. The parties have the right to be represented by an attorney or other advocate of their choosing at their own expense. If an in-person arbitration hearing is necessary, it will take place in the metropolitan statistical area where the party submitting the dispute resides at the time of submission. The parties will share the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules. Discovery will be allowed in accordance with the applicable arbitration rules. The arbitrator's decision will consist of a written statement that provides the disposition of each claim and the essential findings and conclusions on which the decision and any award are based. The arbitration decision and award may be entered into any court with jurisdiction over the parties.
15.5. Exclusion of Small Claims Matters. Notwithstanding the arbitration provision, you and Ottodot reserve the right to seek resolution of any Dispute in a small claims court that has jurisdiction and that is pursued on an individual, non-class basis. We will not require arbitration for any individual Dispute that you lawfully initiate and pursue in a small claims court, as long as that Dispute is exclusively pending in that court.
15.6. Injunctive Relief. This agreement to resolve disputes through arbitration does not apply to any legal action taken by either party to seek injunctions or other equitable relief to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, including copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
15.7. Timing of Claim. To facilitate the prompt resolution of any Disputes, you and Ottodot acknowledge that any notice of intent to initiate an informal dispute resolution conference or any complaint related to small claims or injunctive relief that is allowed under this Agreement must be filed within one year after the events giving rise to the Dispute occurred. Failure to do so within this time period will result in the waiver of the Dispute.
15.8. No Class Actions. Both you and Ottodot agree that any claims against each other must be made individually and not as part of a class or representative action or proceeding. Additionally, any disputes will only be resolved through individual arbitration and cannot be combined with any other arbitrations or proceedings involving claims or controversies of other parties. The arbitrators may only provide relief (including monetary, injunctive, and declaratory relief) to the individual party seeking relief and only to the extent necessary to address that party's individual claims.
15.9. Opt-out. You have the option to reject this arbitration agreement by sending a written notice (Exclusion Notice) within 30 days after agreeing to this Agreement, by email to info@ottodot.com. The Exclusion Notice must include your name, address, and signature to be effective. If you choose to opt-out of the arbitration agreement, all other provisions of the Agreement will still apply. This decision does not affect any other arbitration agreements you may have or enter into with Ottodot.
15.10. Survival of Arbitration Agreement. You and Ottodot both agree that even if this Agreement or any membership or account you have with Ottodot is terminated, the agreement to arbitrate will still remain valid and enforceable.
15.11. Severance of Arbitration Agreement. If the arbitrator determines that any of the limitations in this arbitration agreement are not enforceable under applicable law with respect to a particular claim for relief, then that claim will be separated from the arbitration and may be pursued in court. Furthermore, if any part of this agreement to arbitrate is found to be invalid or unenforceable, the remaining provisions will remain valid and enforceable.
15.12. It is important to note that Ottodot's agreement to this arbitration agreement should not be interpreted as consenting to the jurisdiction of any court for claims that are unrelated to the use of the Services or this Agreement.
16. Indemnity
16.1. You agree to protect, indemnify and hold Ottodot, its subsidiaries, agents, licensors, and affiliates, as well as their employees, contractors, agents, officers, and directors, harmless from any claims, damages, obligations, losses, costs or debts, and expenses (including, but not limited to, attorney's fees) that arise from: (i) your use of and access to the Ottodot Content and/or the Services, including any data or content transmitted by you; (ii) your violation of any term of this Agreement, including but not limited to your breach of any representations or warranties; (iii) your violation of any third-party right, including but not limited to any right of privacy or intellectual property rights in connection with your use of the Services; (iv) any content or information that is submitted via your account or use of the Services; or (v) any other party's access and use of the Services with your account credentials.
17. Warranty disclaimer
17.1. You acknowledge that Ottodot has no control over, and no obligation to take action with respect to: which users are granted access to the Services; the Ottodot Content that you access via the Services; how you interpret or use the Ottodot Content or the Services; or any actions you may take as a result of exposure to the Ottodot Content. Given the nature of the internet and the persistence of bad actors, Ottodot cannot guarantee the security and safety of the Services. By using the Services or accessing the Ottodot Content, you hereby release Ottodot from any claims, damages, losses, or liabilities related to your use of the Services or the Ottodot Content.
17.2. The Services and Ottodot Content are provided to you in their current state and condition, without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Ottodot does not guarantee that your use of the Services will be uninterrupted or error-free. Please note that some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
17.3. Except as expressly stated in writing, Ottodot does not make any representation or warranty that the Services will meet your requirements or expectations, or that they will be to your liking. Ottodot also does not warrant that the Services will be timely, accurate, free from errors or loss, uninterrupted, or free from viruses or other harmful components. Additionally, Ottodot does not warrant that any defects or errors in the Services will be corrected, repaired or otherwise restored. Some features of the Services are experimental and have not been tested.
17.4. You understand and agree that any advice or instruction, whether given orally or in writing, provided by Company does not create any warranty that is not expressly stated in this Agreement, to the fullest extent allowed by applicable law.
18. Limitation of liability
18.1. To the maximum extent permitted by law, Company, its affiliates, suppliers, and business partners, as well as their officers, directors, employees, and agents, shall not be liable for any damages arising from the Services or this Agreement, whether in contract, negligence, tort, strict liability, or any other legal or equitable theory. This includes, but is not limited to, (i) damages in excess of $100 or the fees paid by you to Company under this Agreement during the 12-month period prior to the applicable claim, whichever is greater; (ii) indirect, incidental, punitive, or consequential damages of any kind; (iii) data loss or cost of obtaining substitute goods or services; or (iv) any matter beyond Company's reasonable control. The limitations and exclusions stated above may not apply to you if your jurisdiction does not allow the exclusion or limitation of incidental or consequential damages.
18.2. If any jurisdiction prohibits the limitation of implied warranties or the exclusion or limitation of certain damages, some of the disclaimers, exclusions, and limitations stated above may not be applicable to you. In such instances, Company's liability will be limited to the maximum extent permitted by law.
19. Termination
19.1. You have the option to end your use of the Services whenever you want. However, Ottodot reserves the right to end or suspend your access to the Services or your account, without any prior warning or responsibility, if you break any term or condition outlined in this Agreement, if your account remains inactive for a certain amount of time, or for any other reason.
19.2. If your account is terminated, all information linked with your account, including progress and any purchased upgrades or features in any Ottodot game, may be lost and destroyed. Your ability to use or access the Services and any Ottodot Content will immediately cease upon termination of your account.
19.3. This Agreement will continue to be in effect until terminated by Ottodot. It's important to note that terminating your use of the Services or deleting your account, or if Ottodot suspends or terminates your account, will not result in the termination of this Agreement.
20. Governing law
20.1. All aspects of these Terms, along with any associated Operating Rules and non-contractual obligations related to these Terms, are governed by and interpreted according to the laws of Singapore. By completing the registration process on our Platform, you acknowledge and agree that any legal matters or disputes arising will be subject to the exclusive jurisdiction of the courts of Singapore.
21. Miscellaneous
21.1. If either party does not enforce any of the rights provided in this agreement, it does not waive their right to enforce any other rights they have under this agreement.
21.2. If Student information is disclosed without authorization, Company will notify linked Teacher and/or Parent Users at the contact information associated with their account, as required by law. Company shall not be liable for any failure to perform its obligations under this Agreement due to circumstances beyond its control, including but not limited to mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary for the Agreement to remain in full force and effect. This Agreement cannot be assigned, transferred, or sublicensed by you without Company’s prior written consent, but Company may transfer, assign or delegate this Agreement and its rights and obligations without consent.
21.3. If Student information is disclosed without authorization, Company will notify linked Teacher and/or Parent Users at the contact information associated with their account, as required by law. Company shall not be liable for any failure to perform its obligations under this Agreement due to circumstances beyond its control, including but not limited to mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary for the Agreement to remain in full force and effect. This Agreement cannot be assigned, transferred, or sublicensed by you without Company’s prior written consent, but Company may transfer, assign or delegate this Agreement and its rights and obligations without consent.
21.4. This Agreement does not create any agency, partnership, joint venture, or employment relationship, and you do not have any authority to bind the Company in any way.
21.5. The headings provided above are for convenience purposes only and do not have any legal significance or accurately reflect the content of the sections they precede. This Agreement does not intend to confer any rights or benefits to any third party, except as expressly stated herein between you and Company.
21.6. The content and design of the Services are protected by copyright and owned by Ottodot Pte. Ltd. All rights are reserved. The trademarks, logos, and service marks (“Marks”) displayed on the Services belong to Ottodot or other third parties. You may not use these Marks without obtaining our prior written consent or the consent of the third party that owns the Marks.
22. Contact
If you need assistance, have any concerns, or wish to make a claim related to the Services, please feel free to reach out to us via email at info@ottodot.com or by calling us at +65 8753 2961.