1. Acceptance of Terms
Welcome to Ohana. These Terms of Service ("Terms", "Agreement") govern your access to and use of the cloud-based software platform, web applications, and related services (collectively, the "Service") provided by Ohana Technologies Inc. ("Company", "we", "us", or "our"), incorporated under the laws of the State of Delaware, United States.
By creating an account, accessing, or using the Service, you (the "Customer" or "User") agree to be legally bound by these Terms and our Privacy Policy. If you accept these Terms on behalf of a legal entity (such as your employer), you represent and warrant that you have the legal authority to bind that entity to this Agreement.
2. Service Description and License
Ohana is a cloud-based employee experience platform that provides AI-powered recognition, team pulse surveys, personalized coaching, rewards management, and people analytics to help organizations build engaged and thriving workplaces.
Subject to compliance with this Agreement and payment of applicable fees, the Company grants the Customer a non-exclusive, non-transferable, revocable, worldwide license to access and use the Service solely for its internal business purposes during the contracted subscription period.
3. Account Registration and Security
To access the full features of the platform, you must register an account by providing truthful, accurate, and current information. You are solely responsible for:
- Maintaining the confidentiality of your access credentials (username and password).
- All activities that occur under your account, whether or not authorized by you.
- Ensuring that all users accessing the Service through your account comply with these Terms.
You agree to immediately notify Ohana of any unauthorized use of your account or any other security breach you become aware of by emailing hello@ohanapp.co.
4. Subscription Plans, Fees, and Billing
The Service is offered under different subscription modalities (monthly or annual) as detailed on our official website at ohanapp.co. The Customer agrees to pay all fees associated with the selected plan.
- Recurring Billing: Subscription fees are billed in advance at the time of registration and will automatically renew for equal periods unless the Customer cancels before the renewal date.
- Payment Methods: The Customer authorizes the Company to process charges through our authorized third-party payment processors: Paddle, Stripe, and/or PayPal. The applicable processor will depend on the Customer's billing region and plan type.
- Taxes: Unless otherwise stated, fees do not include applicable taxes (such as VAT, sales tax, IVA, or local withholding taxes), which will be calculated and added to the charge based on the Customer's jurisdiction and applicable law.
- Cancellations: The Customer may cancel their subscription at any time from their account dashboard. Cancellations take effect at the end of the current billing period, after which access to premium features will cease.
- Refunds: The Company does not provide proportional refunds for unused time within an already-billed cycle, except where required by mandatory applicable local law (including EU consumer regulations, Colombian Ley 1480, or other applicable consumer protection statutes).
5. Customer Data and Intellectual Property
Customer Ownership
The Customer retains all rights, title, and intellectual property interests in any information, files, documents, personal data, or content they upload, store, or process on the platform ("Customer Data"). The Customer grants the Company a limited, worldwide, royalty-free license solely to host, copy, transmit, process, and display Customer Data for the purpose of providing, securing, maintaining, and improving the Service in accordance with this Agreement and our Privacy Policy.
Platform Ownership
The Company exclusively retains all intellectual and industrial property rights over the software, technical architecture, algorithms, interface design, source code, trademarks, logos, and any technical improvements or custom developments derived from the platform. Nothing in this Agreement transfers any ownership of the platform or its underlying technology to the Customer.
Feedback
If the Customer or any User provides suggestions, ideas, or feedback about the Service, the Company may use such feedback without restriction and without obligation to compensate the Customer.
6. Acceptable Use Policy
The Customer agrees not to use the Service to:
- Violate any applicable local, national, or international law or regulation.
- Upload or transmit any content that is unlawful, harmful, defamatory, obscene, or violates third-party rights.
- Attempt to gain unauthorized access to other accounts, systems, or networks connected to the Service.
- Reverse engineer, decompile, or disassemble any portion of the platform.
- Use the Service in any way that could disable, overburden, or impair the platform's infrastructure.
- Resell, sublicense, or otherwise commercialize access to the Service without prior written consent from Ohana.
7. Limitation of Liability
The Service is provided "as is" and "as available." To the maximum extent permitted by applicable law, in no event shall the Company, its directors, employees, agents, or suppliers be liable for indirect, incidental, special, punitive, or consequential damages (including, without limitation, lost profits, business interruption, data loss, or reputational harm) arising out of or related to the use of or inability to use the Service.
The Company's total cumulative liability for any claim arising under this Agreement shall not exceed the total amount actually paid by the Customer to Ohana for access to the Service during the twelve (12) months immediately preceding the event giving rise to the claim.
8. Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by a prominent notice within the platform at least fifteen (15) calendar days in advance. Continued use of the Service after the new Terms take effect constitutes your full acceptance of the modified Terms.
9. Term and Termination
This Agreement remains in effect for the duration of the Customer's active subscription. Either party may terminate this Agreement upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice. Upon termination, the Customer's access to the Service will cease and the Company will make Customer Data available for export for a period of thirty (30) days following termination.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any conflict of law principles. Any dispute, controversy, or claim arising from or related to these Terms shall be submitted to the exclusive jurisdiction of the competent courts located in the State of Delaware, United States.
Customers located in the European Union retain all rights afforded by applicable EU consumer protection regulations, which shall prevail in the event of conflict with this clause for EU-resident consumers.
11. Contact Us
For any questions, concerns, or notices regarding these Terms of Service, please contact us:
- Email: hello@ohanapp.co
- Website: ohanapp.co
- Company: Ohana Technologies Inc., Delaware, United States