Terms of Service

Introduction

These Terms of Service ("Terms") set forth the rules and conditions for using the Obsera.com website (the "Website") and the services provided through it (the "Services" or the "Platform").

By accessing or using the Website or Services, you agree to these Terms and to our Privacy Policy.

By accepting these Terms, you confirm that:

You are at least 18 years old;
You have the legal authority to enter into these Terms on behalf of yourself or the organization you represent;
If you use the Services on behalf of an organization, that organization is also bound by these Terms;
You will comply with all applicable laws and third-party platform rules that apply to your use of the Services.

If you do not agree to all of these provisions, you must not access or use the Website or Services.

I. Key Definitions

Operator — Neurotime LLC., Azerbaijan, Baku City, Ahmad Rajably str. 2/27.
Website — the Internet portal available at https://obsera.com, operated by the Operator.
User — any natural person aged 18 or older, legal entity, or organizational unit that uses the Services.
Account — an individual User profile on the Website, with personal or organizational settings.
Trial Period — a limited period defined by the Operator, during which an Account may be used free of charge.
Subscription Period — the paid duration of Account usage after the Trial Period ends.
Subscription Fee — the monthly fee specified in the applicable plan.
Subscription Plan — one of the pricing packages listed at https://obsera.com/pricing.
Service(s) — internet and social media monitoring services and related features provided under these Terms.

II. General Conditions

These Terms govern the use of the Website and Services, as well as the rights and obligations of the Operator and the User.
The Operator owns and operates the Website and is responsible for delivering the Services described herein.
Services include monitoring of brand, product, or topic mentions online; generating reports, summaries, and analytics; sending notifications of new monitoring results; archiving monitoring data; managing, analyzing, or displaying data from connected third-party platforms; and other related features.
Access to the Services is available only to registered Users or those authorized by a registered User.
The Operator reserves the right to limit, suspend, or restrict certain Services for Users who do not comply with these Terms.
The Operator may delegate daily Website operations to third parties.
The Website is available via the Internet. While the Operator takes reasonable measures to secure data transmission, Users acknowledge that no online transmission can be fully guaranteed.
The Operator is not responsible for technical issues arising from the User's own equipment, software, browser, network, or Internet connection.

III. Account Registration

To use the Services, Users must register an Account by completing the registration form on the Website with a valid email address and chosen password.
The User must provide accurate, complete, and current information and keep Account information updated.
The User is responsible for maintaining the confidentiality of login credentials and for all activities that occur under the Account.
The User must promptly notify the Operator if they suspect unauthorized access to their Account.
Once registered, the Account may be used free of charge during the Trial Period. After this period, continued use requires selecting and paying for a Subscription Plan.
The Subscription Fee must be paid by the due date. If payment is not received after 7 days, the Operator may suspend access; after 14 days, monitoring may be discontinued.

IV. Third-Party Platform Integrations

The Platform may allow Users to connect third-party accounts, services, APIs, social media platforms, advertising platforms, analytics platforms, messaging platforms, or other external services.
By connecting a third-party platform, the User authorizes Obsera to access, process, store, and use data from that platform as necessary to provide the requested Services.
The User is responsible for ensuring that their use of connected third-party platforms through Obsera complies with all applicable third-party terms, policies, and laws.
Obsera is not responsible for the availability, accuracy, functionality, rules, limitations, or changes of third-party platforms.
Third-party platforms may change their APIs, permissions, pricing, policies, or availability at any time, and such changes may affect the Platform's features.

V. YouTube API Services Terms

Obsera uses YouTube API Services to provide YouTube-related features in the Platform.
By using Obsera's YouTube-related features, you agree to be bound by the YouTube Terms of Service at https://www.youtube.com/t/terms.
You may revoke Obsera's access to your Google or YouTube account at any time through Google security settings.
Google's use of information is governed by the Google Privacy Policy at http://www.google.com/policies/privacy.
If there is a conflict between these Terms and the YouTube Terms of Service, the YouTube Terms of Service will apply for YouTube-related features.

VI. User Responsibilities

The User agrees not to:

Use the Services for unlawful, harmful, fraudulent, abusive, misleading, or unauthorized purposes;
Violate any applicable law, regulation, third-party right, or third-party platform rule;
Attempt to gain unauthorized access to the Platform, other accounts, systems, networks, or data;
Interfere with or disrupt the Platform, servers, networks, security systems, or other users;
Upload, transmit, or process malware, harmful code, or unlawful content;
Misrepresent identity, affiliation, authorization, or ownership of data;
Use the Services to collect, process, or distribute data in violation of applicable laws or third-party policies;
Reverse engineer, copy, resell, sublicense, or exploit the Services except as expressly permitted;
Use automated systems, scraping, bots, or excessive requests in a way that harms or overloads the Platform;
Remove, obscure, or modify any proprietary notices, legal notices, or attribution notices.

VII. Subscriptions, Payments, Upgrades, and Downgrades

Certain Services require payment of Subscription Fees according to the selected Subscription Plan.
Pricing and available plans are listed on the Website or provided by the Operator.
The Operator may update pricing, plan limits, and features from time to time. Where required, Users will be notified of material changes.
Account Upgrades may take effect immediately or at the next billing period.
Account Downgrades may result in loss of access to certain features, usage limits, stored data, reports, or integrations.
The User is responsible for all fees, taxes, and charges associated with the selected Subscription Plan.
Unless otherwise stated, fees are non-refundable except where required by law or expressly agreed by the Operator.

VIII. Data, Reports, and Customer Content

The User retains ownership of Customer Content they upload, connect, or process through the Platform, subject to the rights granted to Obsera under these Terms.
The User grants Obsera a limited, worldwide, non-exclusive right to access, process, store, display, transmit, and use Customer Content only as necessary to provide, maintain, secure, and improve the Services.
The User represents that they have all necessary rights, permissions, and legal bases to provide Customer Content to the Platform.
Reports, summaries, analytics, and monitoring results may depend on third-party data sources and may not be complete, accurate, or available at all times.

IX. Privacy and Data Protection

Obsera processes personal data in accordance with its Privacy Policy.
By using the Services, the User agrees to the Privacy Policy.
The User is responsible for ensuring that their use of the Services complies with applicable privacy, data protection, marketing, communications, and platform-specific laws and rules.
If the User processes personal data of third parties through the Platform, the User is responsible for having the required legal basis, consent, notice, authorization, or other lawful ground for such processing.

X. Intellectual Property

The Website, Platform, software, design, trademarks, logos, content, features, and technology are owned by or licensed to the Operator and are protected by intellectual property laws.
These Terms do not transfer any intellectual property rights to the User except for the limited right to use the Services in accordance with these Terms.
The User may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Platform except as expressly permitted.

XI. Service Availability and Changes

The Operator will use reasonable efforts to keep the Services available and functioning.
The Operator does not guarantee uninterrupted, error-free, or continuous availability of the Website or Services.
The Operator may modify, suspend, discontinue, or limit any feature or part of the Services at any time, subject to applicable law and contractual obligations.
Maintenance, updates, technical issues, third-party platform outages, API changes, or force majeure events may affect availability.

XII. Suspension and Termination

The Operator may suspend or terminate access to the Services if the User violates these Terms, fails to pay required fees, uses the Services in a way that creates legal or security risk, violates third-party platform terms, provides false information, or engages in fraudulent activity.
The User may stop using the Services at any time.
Termination may result in loss of access to the Account, reports, integrations, data, and Platform features.
Data may be retained or deleted after termination in accordance with the Privacy Policy and applicable law.

XIII. Disclaimers

The Services are provided on an "as is" and "as available" basis.
To the maximum extent permitted by law, the Operator disclaims all warranties, whether express, implied, statutory, or otherwise.
The Operator does not guarantee that the Services will meet the User's requirements, be uninterrupted, secure, error-free, or produce complete or accurate results.
The Operator is not responsible for third-party platforms, API changes, external content, user-generated content, or data provided by third parties.

XIV. Limitation of Liability

To the maximum extent permitted by law, the Operator shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, business, goodwill, data, or opportunities, arising out of or related to the use of or inability to use the Services.

The Operator's total liability for any claim arising from or related to these Terms or the Services shall be limited to the amount paid by the User to the Operator for the Services during the three months preceding the event giving rise to the claim.

XV. Indemnification

The User agrees to indemnify and hold harmless the Operator, its officers, employees, contractors, affiliates, and service providers from claims, damages, liabilities, losses, costs, and expenses arising from the User's use of the Services, violation of these Terms, violation of laws or third-party rights, Customer Content, or use of third-party platform integrations.

XVI. Changes to These Terms

The Operator may update these Terms from time to time. Updated Terms will be posted on the Website with the updated "Last Updated" date. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

XVII. Governing Law and Disputes

These Terms are governed by the laws of Azerbaijan, unless mandatory laws of another jurisdiction apply. The parties will attempt to resolve disputes in good faith. If a dispute cannot be resolved informally, it may be submitted to the competent courts or authorities according to applicable law.

XVIII. Contact

If you have questions about these Terms, please contact us at:

Obsera
Operator: Neurotime LLC.
Address: Azerbaijan, Baku City, Ahmad Rajably str. 2/27
Email: privacy@obsera.com
Website: www.obsera.com