By using this Website and/or purchasing Services, you agree to the Terms of Service and Privacy Policy.

Terms of Service

Please read these Terms of Service (“Terms,” “Terms of Service,” “Agreement”) carefully before using the entity.inc website (the “Website”) operated by Entity by OTM LLC, a Limited Liability Company formed in the Wyoming, United States (“Entity by OTM,” “us,” “we,” “our”, or “Company”), as these Terms of Service contain important information regarding limitations of our liability, a binding arbitration provision including jury trial waiver, class action waiver, and a clause governing the jurisdiction and venue for any dispute.

These Terms of Service govern your access to and use of our website, products, features, and services (“Services”). “Packages” are a combination of services and features as described on our Website.

Acceptance of Terms

By entering into these Terms, and/or by accessing or using the Services, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (found at: https://www.entity.inc/policy-page/privacy-policy/”), incorporated herein by reference.. These Terms apply to all visitors and others who access or use the Services (“you,” or “your”). If you agree to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of your organization or entity and to bind them to these Terms (in which case, references to “you” and “your” in these Terms refer to that organization or entity). You further agree to receive all notices and other communications electronically. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website and must not do so.

Eligibility

You must be at least 18 years old to use our Services. Use by a minor is prohibited. Services are solely available to those who reside in the United States or a country without any restrictions prohibiting incorporation in the United States, and who have citizenship in the United States or a country without any restrictions prohibiting incorporation in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

We cannot provide Services to residents of the following countries: Afghanistan, Belarus, Burma (Myanmar), Burundi, Central African Republic, Cuba, the Democratic Republic of the Congo, Ethiopia, Iran, Iraq, Lebanon, Libya, Mali, Nicaragua, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, Yemen, and Zimbabwe.

Services

We offer a range of Services on our Website. Services, Packages, and pricing are listed on the Website and are subject to change. Prices include applicable taxes and other fees.

We are not a legal service, and no legal advice is being offered or provided. No attorney/client relationship or privilege is formed by using the Website or purchasing any of our Services. You hereby acknowledge and agree that we are not a law firm, nor can or do we offer legal advice. No information on the Website or any communication be it in-person or via any mode of telecommunication should be taken as official legal advice. This includes any form of communication including but not limited to telephone, e-mail, text message, SMS, WhatsApp, Google, Zoom, other. Further, unless communication is coming from our in-house CPA and you have engaged us for Services, it should not be taken as official tax advice. If you need legal advice, please consult with your attorney. If you need tax advice, please consult with your tax professional.

We may approve or deny the provision of Services at our discretion at any time.

Purchasing

All fees, taxes and expenses, unless otherwise specified, are denoted in United States dollars (USD), and all charges will be processed in United States dollars. Our prices include applicable taxes and other fees.

When you make a purchase on the Website, you agree to the applicable pricing and payment terms for the Services, or as otherwise may otherwise be agreed upon with Company in-writing. We may add new features available for additional fees and charges, or amend fees and charges for existing features at any time at our sole discretion. Payment or pricing changes will take effect the billing cycle following notification of such change in accordance with these Terms, after which continued use of said Services constitutes an effective agreement to pay.

A valid credit card authorized for use must be provided at the time of purchase. For subscription services, current credit card information should be maintained at all times. Subscription or other recurring Service fees will automatically renew for the same period as your prior term (i.e., monthly, quarterly, annually) at the rates then in effect and will be automatically charged to your credit card until canceled in accordance with these Terms. If a payment is late or a transaction is denied, we will attempt to re-process the transaction for up to 3 business days. If payment is not received in that time, your account will be deemed delinquent and all Services and access will be suspended. No Services or support will be provided on delinquent or suspended accounts and we are not responsible for any fees, expenses, penalties, interest, hardship, or other losses you may incur as a result.

If you or your credit card company request a refund or initiate a dispute for a legitimate transaction, all Services and access will be suspended related to that transaction until the matter is settled. No Services or support will be provided on delinquent or suspended accounts and we are not responsible for any fees, expenses, penalties, interest, hardship, or other losses you may incur as a result.

When you make a purchase on the Website, you will be using a third-party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third-party payment processor: American Express, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

By providing your payment information, you grant consent to us and our third-party payment processor to invoice you and charge the card provided for all fees when they become due without additional notice or consent, until your account is settled and Services terminated in accordance with these Terms. Currency exchange settlements, foreign transaction, or other third-party fees will be governed by the terms and conditions set by your credit card or payment method provider.

All payments are nonrefundable, except as required by law or otherwise indicated, and there are no refunds or credits for partially used periods in the event of a subscription. Where applicable, following a cancellation in accordance with these Terms, your use of the Services may be valid until the end of the paid period.

Subscription upgrades may be prorated based on the remaining term of your current subscription. Services upgrades or changes may be prorated based on the remaining time of the period or engagement.

We reserve the right to decline or terminate any attempted purchase or purchase at our sole discretion.

Cancellation Policy

We offer purchase cancellation. Cancellations are available up to the commencement of Service performance. Cancellations may be requested by contacting us directly and there is no cancellation fee prior to the commencement of Service performance.

We reserve the right to cancel your purchase at our sole discretion. This can occur on the basis of instances that include, but are not limited to, fraud, inaccuracies, illegality, unavailability of the item(s) or services purchased, other.

For any cancellation once performance has begun, we may, at our discretion, be able to provide a partial credit. Once an application has been filed with a relevant authority, cancellation is not available and a refund or credit cannot be issued. Note: Once an entity formation application is filed, seeking to cancel or abandon the process may require subsequently filing for a dissolution at your expense.

Refund Policy

Given the nature of Services, we do not offer refunds on any purchases made on this Website.

Advance Payments

We may ask you to provide an advance payment on any purchase made of the services offered on our Website. An advance payment may be all or a partial payment of the total purchase price that will be used to cover our actual expenses while providing the services.

Advanced payments will be returned in the event we cancel. Advance payments may be returned in the event you cancel and the performance of services has not commenced.

Deposits

We may ask you to provide a deposit for purchases made of the services offered on our Website. A deposit is a payment made to reserve the services.

Deposits will be returned in the event we cancel. Deposits may be returned in the event you cancel and the performance of services has not commenced.

Warranty

The items or Services displayed or sold on this Website are provided on an “as-is” and “as available” basis. No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality, non-infringement, or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise. We do not warrant that our services will be uninterrupted, error-free, or secure. Use of the services is at your own risk.

No advice or information, whether oral or written, obtained by you from us or through the services will create any warranty not expressly stated herein. Without limiting the foregoing, neither us, our subsidiaries, parent, affiliates, nor licensors provide warranty of any kind that the information provided to you through the services is accurate, reliable or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the services or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. We do not warrant or make any representations with respect to the process regarding, or ultimate decisions of, governmental authorities, regulatory bodies, or other external parties.

You are solely responsible for the accuracy, content, and legality of all data and information you provide to us and/or transmit through the Services (“Your Content”). You represent and warrant that any Your Content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy.

Materials on the Website and subsequent documents or information are provided solely in English. Any non-English translations of these Terms, other information, or documents are purely for convenience and do not constitute a communication in-fact. In the event of any discrepancy or conflict between translations, the English version holds authority and governs.

During the course of Services, we may provide estimated timelines, with respect to which we make no warranties. Given the nature of Services, timelines may take longer than estimated given dependencies on data, governmental and other regulatory bodies, as well as other third-parties and other factors.

Beyond the scope of Services detailed as included as part of purchase, you are responsible for all reporting and compliance responsibilities, as well as fees and expenses (be it one-time or ongoing, involved with forming, owning, and operating an entity.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall solely be price reduction. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall solely be to pursue dispute resolution as provided for within the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Subscriptions

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 year, unless otherwise stated.

You may revoke your subscription by contacting us within 3 days of making your purchase. If you revoke your subscription, it will not automatically renew and you will not be charged for the renewals. Please note that you will no longer receive the items, access, or services provided by the subscription once you revoke.

There is no minimum purchase required to qualify for the subscription. Upon the expiration of your subscription, your access to all our services and platforms will be terminated and restricted.

Automatic Renewal of Subscriptions

When you purchase a subscription on the Website, your subscription will automatically renew each year. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.

You may cancel the automatic renewals of your subscription via Email by contacting us at hello@entity.inc. Please note that you will no longer receive the items, access, or services provided by the subscription on your cancellation effective date.

You must provide us with written notice prior to your automatic renewal date of your intent to cancel the automatic renewals for the cancellation to be effective. For quarterly subscriptions you must provide us with 30 days notice prior to your renewal date, and for longer subscription periods, we require 90 days prior notice.

Upon the expiration of your subscription, your access to all our services and platforms will be terminated and restricted.

Term & Termination of Services

This Terms of Service Agreement is effective upon acceptance on the Website, is reaffirmed when you begin using our Services, and continues until terminated by either you or us. These Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason and without notice at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. We will not have any liability whatsoever to you or any third-party for any termination of your rights under these Terms, including for termination of your account. Even after your rights under these Terms are terminated, the provisions of these Terms will remain in effect.

You may terminate this Agreement by paying all amounts you owe and providing notice to us; except that you will still be responsible for any charges, fees, fines, and other losses caused by your action or inaction prior to terminating this Agreement.

User Accounts

To access certain Services, you may need to create a user account (“Account”). You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent thereunder.

If you choose, or are provided with, a user name, password, or any other piece of information, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other access information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may delete your account at any time by contacting us.

By using our Website, you agree to take full responsibility for maintaining the confidentiality of your account and password, as well as accepting responsibility for all activities conducted under your account or password. Transferring or assigning your account to any other individual or entity is not permitted. You acknowledge that we are not liable for any third-party access to your account resulting from theft or unauthorized use of your account.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Access To Services

You acknowledge and agree that at our sole discretion we may deny, suspend, discontinue or modify any of the Services (in whole or in part), or we may suspend or modify the Website at any time. You agree we will not be liable to you or to any third-party for any modification, suspension, or discontinuation of the Services or any part thereof.

You may only use the Services in accordance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You are solely responsible for compliance with all applicable laws and regulations in connection with your use of the Website or Services. Except with respect to access to our Site, any use of or access to the Services for consumer or non-commercial purposes by any individual who is not your employee, contractor, agent, or other individual permitted to use your Account on your behalf (“User”) is strictly prohibited and in violation of this Agreement. Subject to these Terms, a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own internal business purposes is granted. There are no implied licenses granted under these Terms.

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by us and/or their respective third-party owner. Neither these Terms, nor your access to the Services, transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except as otherwise expressly provided for herein. We reserve all rights not granted in these Terms.

We will make commercially reasonable efforts to provide you with support and/or maintenance services at our sole discretion. However, you acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Services.

Prohibited Uses

You may not use our Services for any illegal or unauthorized purpose. You may not engage in any activity that could harm, disable, overburden, or impair our Services or interfere with any other party’s use of our Services. You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited activities you agree not to perform:

Impersonating or attempting to impersonate Entity Inc. its employees, representatives, parent company, affiliates, subsidiaries or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Using the Services to collect market research for any commercial purpose, or any alternative purpose without prior written permission;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
Using the Services for any third parties unaffiliated with Company;
Using the Services for any personal, family, household, or other use that is not related to Company’s business purpose;
Access the Services in order to build a similar or competitive website, product, or service;
Attempting to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services;
Attempting to modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service;
Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Website;
Using the Services in any way that infringes on or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy;
Using the Services for the benefit of an individual, organization, or country identified on the United States Office of Foreign Asset Control’s (OFAC) Specially Designated Nationals List;
Attempting to use our services to receive mail, process payments or manage companies that violate any laws, regulations, or postal rules;
Post information or interact with the Services in in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal;
Using the Website in any way that violates any applicable federal, state or local law, rule, statute, permit, treaty, regulation, ordinance, or order in-effect.

We reserve the right to refuse Services to any individual or organization and may, at our discretion, terminate your account at any time.

Indemnification

You agree to indemnify us against any claims, damages, losses, or expenses arising out of your use of our Services or your breach of these Terms.

You agree to indemnify, defend, and hold us harmless, including our subsidiaries, affiliates, and all of our respective shareholders, members, directors, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your content or submissions; (2) use of the Website and Services; (3) breach of these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) your violation of applicable laws or regulations; or (6) any overt harmful act toward any other user of the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

You hereby release and forever discharge Entity by OTM (as well as their officers, employees, agents, successors, and assigns), and hereby waive and relinquish, them from each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services users or any third-party links & ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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 MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Availability, Errors & Inaccuracies

We assume no liability or responsibility for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us. In no event shall Company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount of fees actually received by us from you for the specific services in question, or $100.

Damages and Limitation of Liability

In no event shall the Company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you or any third-party for any loss of use, revenue or profit, or loss of data or diminution in value, or for any consequential, incidental, indirect, direct, punitive, incidental, goodwill, intangible, exemplary, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Company has been advised of the possibility of such damages or they were foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event shall Company be responsible for any damage, loss or injury resulting from hacking, bugs, viruses, tampering or other unauthorized access or use of Services or the information contained therein.

IF, DESPITE THE LIMITATION ABOVE, COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF COMPANY WILL IN NO EVENT EXCEED THE SERVICE FEES PAID TO COMPANY IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF COMPANY. The aggregate liability of Company arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, shall be limited to the amount of fees actually received by us from you.

Third-Party Links & Information

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not review, control, monitor, warrant, or endorse such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.

Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. When you click on a hyperlink, the applicable third-party’s terms and conditions apply, including with respect to privacy and data policies, so proceed only as you see fit. We are not responsible for any liabilities, losses, or damages arising from interactions with any third-party websites or related services, nor do we have any obligations that may arise related to the same.

Data and Content

You are solely responsible for the accuracy, content, and legality of all data and information you provide to us (“User Content”). You represent and warrant that any User Content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, at our sole discretion, to reject and/or remove any User Content that we believe violates these Terms. You hereby grant us: (i) a nonexclusive, worldwide, fully-paid, royalty-free right and license to download, receive, collect, access, modify, copy, store, retain, and otherwise utilize User Content in order to provide and support the Services or otherwise upon your consent or direction, and to develop and improve the Services; and (ii) a nonexclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free right and license to collect, retain, store, use, modify, distribute, and disclose User Content in aggregated and anonymized form and any inferred insight relating to User Content for any purpose whatsoever, provided that any such disclosure does not identify you or any third party by name or description sufficient to identify you or such third party as the source or subject of such information, in whole or in part.

During the course of providing Services, both parties may disclose confidential information to each other. Each party agrees to keep such information confidential and not disclose it to unrelated third-parties, except as required by law or in order to facilitate purchased Services, or with the other party’s written consent.

We value your privacy and will handle your personal information in accordance with our Privacy Policy. While we take reasonable security measures, transmission of information over the internet is not entirely secure, and we cannot guarantee the security of your data.

You hereby grant us the right to aggregate data we collect from use of the Website (“Site Data”) and use it for our business purposes. You also acknowledge and agree that User Content and Site Data may be collected, used, transferred, and processed on and off-shore. We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of User Data, however, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use User Content for improper purposes. You acknowledge that you provide User Content at your own risk. Any data generated from Website usage or Services will be owned by us.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Services (“Feedback”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all right, title and interest in and to all Feedback, and you hereby warrant that any such Feedback is original or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

Intellectual Property, DMCA Notice & Procedure for IP Infringement Claims

All contents of this Website are ©2024 – 2025 Entity by OTM LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, source code, functionality, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Entity by OTM and are either registered trademarks, trademarks or otherwise protected intellectual property of Entity by OTM or third parties in the United States and/or abroad.

You may not use our content without our prior written permission. No part of the Website or Services work product may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Website or Services work product should be retained on all collateral.

You agree not to use our Website or Services in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy.

If you are aware of a potential infringement of our intellectual property, please contact us at hello@entity.inc.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement.

You may submit your claim to us by contacting us at:

Entity by OTM LLC
347 5th Avenue, Suite 1402-171
New York, NY 10016, U.S.A.
hello@entity.inc | +1.855.682.9626

Governing Law, Dispute Resolution, Binding Arbitration & Class Action Waiver

These Terms shall be governed and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, the Uniform Computer Information Transaction Act, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website and Services, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms (“Dispute”) including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in the State of Wyoming.

You and Entity by OTM agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Please read this Arbitration Agreement carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Arbitration Agreement: Any and all claims, disputes, or controversies arising out of or relating to this Agreement, the parties’ relationship, or any prior agreements or transactions between the parties, shall be settled exclusively by binding arbitration in accordance with the rules of the American Arbitration Association (‘AAA’). This arbitration shall be conducted by a single neutral arbitrator selected in accordance with the AAA rules. The arbitration shall be conducted virtually or by correspondence (telephone, online, or solely written submission), such as is elected by the filing party, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. All arbitration proceedings shall be conducted in English. The decision of the arbitrator shall be final and binding on both parties.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the requested relief. A Notice to us should be sent to 347 5th Avenue, Suite 1402-171, New York, NY 10016, U.S.A. After the notice is received, the parties shall attempt to resolve the claim or dispute informally. If we do not resolve the claim or dispute within thirty (30) days after the notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the arbitration provider.

Jury Trial Waiver: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Class Action Waiver: Each party agrees that any claim or dispute arising out of or relating to this Agreement shall be resolved on an individual basis and that no party shall be entitled to bring, join, or participate in a class action, consolidated action, or representative action with respect to such claim or dispute. Each party waives any right to bring or participate in any class action or collective proceeding in relation to this Agreement or any disputes arising from it.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

If any part or parts of this Arbitration Agreement or the Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

This Arbitration Agreement will survive the termination of our relationship.

Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Either party may seek equitable emergency relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the State of Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party related in any way to the Website or Services be commenced more than 2 years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

General

Electronic Communication: For contractual purposes, you hereby consent to receive communications from us in an electronic form, be that via our Website, email, or other, and agree that all terms and conditions, agreements, notices, disclosures, and other communications we may provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing with wet signature.

Order to Comply: We may respond to and comply with any subpoenas, warrants, liens, or any other legal order we receive related to your use of the Services. We are not responsible to you for any losses you incur due to our response to such legal order. We may hold funds or provide information as required by the issuer of the legal order or take any other actions we believe are required of us under legal orders.

Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any attempted transfer or assignment in violation hereof shall be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Entire Terms/Severability: These Terms constitute the entire agreement between us and you regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Changes to Terms of Service

We reserve the right to modify these Terms of Service at any time. Modifications will be posted on our Website and serve as notice of such. Continued use of our Website or Services following modification shall constitute acknowledgment of any changes and agreement to be bound by the revised Terms.

Questions

If you have any questions about our Terms of Service, please contact us at hello@entity.inc.

Effective Date

Effective Date: February 10, 2025