OneTask
OneTask

Terms of Service

Last updated May 9, 2024.

These Terms of Service (these “Terms”) describe your rights and responsibilities when accessing and/or using our websites, including https://onetask.me/ and any successor URL(s) (the “Sites”), the companion mobile applications for iPhone and/or Android mobile devices (the “Apps”), and any and all related software, documentation, and online, mobile-enabled, and/or digital services (collectively, including the Sites and the Apps, the “Service”) provided by OneTask, Inc. (“OneTask,” “we,” “our,” or “us”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Notice (as further described in Section 7). OneTask reserves the right to modify the terms of these Terms, and will provide notice of such changes as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service, whether as individuals, Team members, or entities sponsoring a Team (“Users,” “you,” or “your”). As used in these Terms, a “Team” means a group of individuals accessing the Service under the same User Account (as defined below).

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 13.2 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED IN SECTION 1.1), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

1. The Service

OneTask provides a platform designed to help you and, if applicable, your Team optimize your schedule(s) and have more productive days!

1.1 Eligibility

This is a contract between you and OneTask. You must read and agree to the terms and conditions of these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with OneTask, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). The Service is not available to any Users previously removed from the Service by OneTask.

1.2 Limited License

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable license to use the Service, only for your personal or internal (as applicable), noncommercial use, strictly as permitted by the features of the Service. If you are an entity or otherwise the owner of the User Account for your Team (a “Team Sponsor”), this license allows use of the Service by only those of your Team members who are (a) identified by you as Team members for the Service during the sign-up process or through your User Account (as defined in Section 1.3) or (b) otherwise expressly authorized and granted access to the Service as Team members by OneTask (each, an “Authorized User,” and, collectively, the “Authorized Users”). OneTask may terminate the license granted in this Section at any time, for any reason or no reason. OneTask reserves all rights not expressly granted herein in and to the Service and the OneTask Content (as defined below).

1.3 User Accounts

Your (or, if applicable, your Team Sponsor’s) account on the Service (“User Account”) gives you access to certain services and functionality that we may establish and maintain as part of the Service from time to time, in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to the Service via a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials and/or access tokens for that service.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, including, if applicable, the activity of the Authorized Users. You must notify OneTask immediately of any breach of security or unauthorized use of your User Account. OneTask will not be liable for, and expressly disclaims responsibility for, any losses caused by any unauthorized use of your User Account.

By providing OneTask your email address, directly or via your Team Sponsor, you consent to our using that email address to send you Service-related notices, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as messages notifying you of changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out of receiving such email messages by clicking on the “unsubscribe” link in the email message received. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

1.4 Service Rules

You agree not to engage in any of the following prohibited activities You are prohibited from:

If you are a Team Sponsor, (i) you are responsible for all acts and omissions of the Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you; and (ii) you will make all Authorized Users aware of these Terms’ provisions, as applicable to such Authorized Users, and you will cause each Authorized User to comply with such provisions.

1.5 Changes to the Service

We may, with or without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to your User Account and/or the Service with or without notice and without liability, for any reason, including if, in our sole determination, you violate any provision of these Terms, or for no reason. Upon their termination for any reason or no reason, you continue to be bound by these Terms.

1.6 Disputes with Other Users

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. OneTask will have no liability for your interactions with other Users, or for any User’s action or inaction.

1.7 Service Location

The Service is controlled and operated from facilities in the United States. OneTask makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

2. Apps

2.1 General

To use an App, you must have a mobile device that is compatible with such App. OneTask does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You may not: (a) modify, disassemble, decompile, or reverse engineer any App, except to the extent that such restriction is expressly prohibited by Applicable Law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any App to any third party, or use any App to provide time sharing or similar services for any third party; (c) make any copies of any App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of any App, features that prevent or restrict use or copying of any content accessible through any App, or features that enforce limitations on use of the Apps; or (e) delete the copyright or other proprietary rights notices on any App. You acknowledge that OneTask may from time to time issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the App that you are using on your mobile device (or any Authorized Users’ mobile devices). You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades; if you are a Team Sponsor, you also agree to the same on behalf of each Authorized User. Any third-party code that may be incorporated into an App is covered by the applicable open source or third-party license, if any, authorizing use of such code. OneTask or its third-party partners or suppliers retain all right, title, and interest in and to the Apps (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. OneTask reserves all rights not expressly granted under these Terms. If an App is being acquired on behalf of the United States Government, then the following provision applies: such App will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Service and any accompanying documentation by the U.S. government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Apps originate in the United States and are subject to United States export laws and regulations. The Apps may not be exported or re-exported to certain countries, nor to persons or entities prohibited from receiving exports from the United States. In addition, the Apps may be subject to the import and export laws of other countries. You will comply with all United States and foreign laws related to access to and/or use of the Service, including the Apps.

2.2 App from Apple App Store

The following applies to any App you acquire from the Apple App Store (“Apple-Sourced Software”): you and OneTask acknowledge and agree that these Terms are solely between you and OneTask, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the Usage Rules set forth in the Apple Media Services Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Apple-Sourced Software to you; to the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to OneTask as provider of the Apple-Sourced Software. You and OneTask acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software, or your possession and use of that Apple-Sourced Software, infringes that third party’s intellectual property rights, OneTask, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You and OneTask acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

2.3 App from Google Play Store

The following applies to any App you acquire from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and OneTask only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) OneTask, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to OneTask’s Google-Sourced Software.

3. User Content

The Service may allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (“User Content”).

We claim no ownership rights over your User Content, and, as between you and us, it remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. OneTask has the right (but not the obligation), in its sole discretion, to remove any User Content that is shared via the Service.

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to OneTask a royalty-free, transferable, perpetual, irrevocable, non-exclusive, and worldwide license, with the right to grant and authorize sublicenses, to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service and OneTask’s (and its successors’ and/or affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. If you are a Team Sponsor, you also hereby grant each Authorized User a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, edit, perform, and otherwise interact with such User Content, and, if you are a Team member, you also hereby grant each other User on your Team a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, edit, perform, and otherwise interact with such User Content, in each case in accordance with the Service’s functionality and these Terms.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and any and all other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

In connection with your User Content, you affirm, represent, and warrant the following:

OneTask takes no responsibility and assumes no liability for any User Content that you or any other User or third party submits, posts, displays, provides, or otherwise makes available on or through the Service. You will be solely responsible for your User Content and the consequences of submitting it, posting it, displaying it, providing it, or otherwise making it available on or through the Service, and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that OneTask will not be liable for any damages you allege to incur as a result of or relating to any User Content.

4. DMCA Notice

Since we respect artist and content owner rights, it is OneTask’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify OneTask’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. identification of the copyrighted work that you claim has been infringed;
  3. identification of the material that is claimed to be infringing and its location on the Service;
  4. information reasonably sufficient to permit OneTask to contact you, such as your address, telephone number, and e-mail address;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice
OneTask, Inc.
Address:
1321 Upland Drive #6648
Houston, TX 77043-4718
Email: support@onetask.me

Under United States federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. Please note that the procedure outlined herein is exclusively for notifying OneTask and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with OneTask’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other Applicable Laws.

In accordance with the DMCA and other Applicable Laws, OneTask has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. OneTask may also, at its sole discretion, limit access to the Service and/or terminate the User Accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.

5. Our Proprietary Rights

5.1 OneTask Content

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “OneTask Content”), and all Intellectual Property Rights related thereto, are the exclusive property of OneTask and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any OneTask Content. Use of the OneTask Content for any purpose not expressly permitted by these Terms is strictly prohibited.

5.2 Usage Data

OneTask may collect, maintain, process, and use diagnostic, technical, usage, and related information, including details about your computers, mobile devices, systems, and software (referred to collectively as "Usage Data"). You acknowledge that all Usage Data belongs solely and exclusively to OneTask. If any ownership rights in the Usage Data belong to you or any Authorized User, you hereby assign all such rights to OneTask.

OneTask may utilize the Usage Data, or portions thereof, for various lawful purposes, including but not limited to:

The Service may incorporate technological measures to prevent unauthorized or illegal use. You acknowledge and consent to OneTask using these measures, among others, to ensure compliance with these Terms and to protect OneTask's rights, including its Intellectual Property Rights, in the Service.

5.3 Feedback

If you or any Authorized User provide(s) suggestions, recommendations, or other feedback regarding the Service or any other OneTask products or services (collectively referred to as "Feedback"), such Feedback is non-confidential. You grant, and represent and warrant that you have the necessary rights to grant, to OneTask a non-exclusive, perpetual, irrevocable, transferable, royalty-free, worldwide license, with the right to sublicense, to implement, use, modify, and exploit the Feedback in any manner without restriction, without any obligation to provide fees, attribution, or other compensation to you, any Authorized User, or any third party.

5.4 Troubleshooting

By agreeing to these Terms of Service, you hereby grant permission to OneTask engineering and support team members to access your account as necessary for troubleshooting and resolving technical issues. This access will be exercised solely for the purpose of addressing service-related problems and improving your experience with our application. We ensure that all access will be conducted in a secure manner, respecting your privacy and confidentiality. Our team is committed to maintaining the highest standards of data protection and will only access your account information as required to effectively address your support needs or resolve any technical challenges you may encounter while using our service.

6. Paid Services

6.1 Billing Policies

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms applicable to you and available on our homepage (as we may update them from time to time, the “Pricing and Payment Terms”). Our Pricing and Payment Terms are hereby incorporated by reference herein. OneTask may add new services for additional fees and charges, and may add or amend fees and charges for existing services, at any time, in its sole discretion; provided however, that if we have offered a specific duration and Subscription Fee (as defined in Section 6.2) for your use of the Service, we agree that the Subscription Fee will remain in force for that duration. Any change to our Pricing and Payment Terms will become effective in the billing cycle following notice of such change to you as provided in these Terms.

6.2 Definitions
6.3 Subscriptions
6.4 Payment Information; Taxes

In connection with payments of Subscription Fees and/or any other monetary transaction interaction with the Service, you may be asked to provide customary billing information such as name, billing address, and credit card information to us or to the applicable third-party payment processor. All information that you provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your payment method used in connection with a monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You hereby authorize the collection of such amounts by charging your designated payment method or credit or debit card, either directly by us, or indirectly via a third-party payment processor. We cannot control any fees that may be charged to you by your bank in connection with the collection of Subscription Fees or any other fees, and we disclaim any and all liability in this regard. If you are directed to a third-party payment processor, you will be subject to terms and conditions governing the use of that third party’s service and to that third party’s personal information collection practices. Please review such terms and conditions and privacy notice before using such third party’s services. Without limiting the generality of the foregoing, you acknowledge and understand that, by using the Service, you agree to be bound by Stripe’s Services Agreement, and by the terms of service of any other third-party payment processor(s) that we may engage from time to time in our sole discretion. You acknowledge and understand that third-party payment processors may collect and retain Third-Party Fees whenever you pay Subscription Fees. Except as otherwise provided herein, Subscription Fees are non-refundable. If you believe you have been improperly charged and would like to request a refund, please contact us at support@onetask.me. You will pay all applicable taxes, if any, relating to any monetary transaction interaction with the Service.

6.5 Free Trials

We may, at our sole discretion, offer free trials for a specific part of the Service, according to the terms outlined in the offer. If you sign up for a free trial, we will automatically charge your payment method on the first day of your initial Subscription Term after the trial period ends, and on each subsequent billing date, as per the terms stated here. To avoid charges to your payment method, you must cancel your free trial by 11:59pm Pacific Time on the final day of the trial period. If you cancel your free trial, the cancellation may take effect immediately. You understand and agree that any offers provided through the Service, including Subscription offers, are subject to change at our discretion and may be updated at any time.

7. Privacy

We care about the privacy of our Users. You understand that by using the Services you acknowledge that you have read and understood our Privacy Notice (as may be updated from time to time) (“Privacy Notice”), which explains how your personal information is collected, used, and disclosed by OneTask. You also understand and acknowledge that your personal information is collected, used, transferred to and processed in the United States.

8. Security

OneTask cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, and, if applicable, that of the Authorized Users, at your own risk.

9. Third-Party Links and Information

The Service may contain links to third-party materials that are not owned or controlled by OneTask. OneTask does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and OneTask’s Privacy Notice do not apply to your use of such sites. You expressly relieve OneTask from any and all liability arising from your (including any Authorized Users’) access to or use of any third-party website, service, or content, including, without limitation, User Content submitted by other Users. Additionally, your dealings with or participation in proOneTasks of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that OneTask will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

10. Release and Indemnity

You hereby release, on behalf of yourself and any Authorized Users, OneTask from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service. In addition, you waive, on behalf of yourself and any Authorized Users, any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.”

You agree to defend, indemnify, and hold harmless OneTask and its affiliates, and its and their respective licensors, employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorneys’ fees) arising from: (a) your access to and use of the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including, without limitation, your breach of any of the representations and warranties herein contained; (c) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Right; (d) your violation of any Applicable Law; (e) User Content or any content that is submitted via your User Account, including, without limitation, misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access to and/or use of the Service with your credentials. For purposes of subsections (a) through (g) (inclusive) of this Section 10, “you” includes the Authorized Users (if any), and “your” has the corresponding meaning.

11. No Warranty

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by Applicable Law, the Service, the OneTask Content, and any other information available on or through the Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from OneTask or through the Service will create any warranty not expressly stated herein. Without limiting the generality of the foregoing, OneTask and its affiliates, and its and their respective licensors, do not warrant that the OneTask Content or any other information contained in the Service are accurate, comprehensive, reliable, useful, or correct; that the Service will meet your (or any Authorized User’s) requirements; that the Service will be available at any particular time or location, uninterrupted, or secure; that any defects or errors in the Service will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you will be solely responsible for any damage to your (including the Authorized Users’) computer system(s) or mobile device(s) or for loss of data that results from such download or from your (including the Authorized Users’) use of the Service.

Further, OneTask does not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through the Service or any hyperlinked website or service, and OneTask will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.

Federal law and some states, provinces, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by Applicable Law.

12. Limitation of Liability

To the maximum extent permitted by Applicable Law, in no event will OneTask or its affiliates, or its or their respective licensors, employees, contractors, agents, officers, or directors, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service, and/or to the OneTask Content or any other information contained in the Service. Under no circumstances will OneTask be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or your User Account or the information contained therein.

To the maximum extent permitted by Applicable Law, OneTask assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your (or any Authorized User’s) access to or use of the Service; (c) any unauthorized access to or use of the servers running the Service and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the Service; (e) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (f) any errors or omissions in any OneTask Content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (g) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event will OneTask or its affiliates, or its or their respective licensors, employees, contractors, agents, officers, or directors, be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to OneTask hereunder or $50.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if OneTask has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by Applicable Law.

13. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

13.1 Governing Law

You agree that: (a) the Service will be deemed solely based in Delaware; and (b) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. These Terms will be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our Intellectual Property Rights or other proprietary rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable.

13.2 Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM OneTask. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and OneTask that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with OneTask, directly or indirectly, as a consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms.

If you are a new User, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing OneTask at legal@onetask.me with your full, legal name and stating your intent to opt-out of this Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.

For any Claim, you agree to first contact us at legal@onetask.me and to attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by the American Arbitration Association (“AAA”) before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live (if applicable) or Sussex County, Delaware, unless you and OneTask agree otherwise. You acknowledge and understand that, depending on the kind of User you are, either (i) each of you and us will be responsible for paying any AAA filing and administrative and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, or (ii) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and OneTask agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

Nothing in this Arbitration Agreement will be deemed as: preventing OneTask from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, Intellectual Property Rights, or other proprietary rights; or preventing you from asserting claims in small claims court, provided that your claims qualify, and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.

13.3 Class Action/Jury Trial Waiver

REGARDLESS OF THE TYPE OF USER YOU ARE, INCLUDING WHETHER YOU ARE A NATURAL PERSON OR AN ENTITY, ANY CLAIM MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND OneTask AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND OneTask FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OneTask ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.

14. California Residents

The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

15. General

15.1 Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OneTask without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

15.2 Notification Procedures and Changes to these Terms

OneTask may provide notifications, whether such notifications are required by Applicable Law or are for marketing or other business related purposes, to you via email notice, or written or hard copy notice, or through posting of such notice on the Site(s), as determined by OneTask, in its sole discretion. OneTask reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms. OneTask is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. OneTask may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of the terms of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service.

15.3 Entire Agreement/Severability

These Terms, together with any amendments and any additional agreements you may enter into with OneTask in connection with the Service, will constitute the entire agreement between you and OneTask concerning the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

15.4 No Waiver

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and OneTask’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Contact

Please contact us at support@onetask.me with any questions regarding these Terms.