Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the website located at https://oberthsystems.com/ and any related services, including the Back Talk AI service available at https://back-talk.ai (collectively, the "Services"), provided by Oberth Systems LLC ("Oberth Systems," "we," "us," or "our").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Eligibility

You may use the Services only if you:

• Are at least 18 years old (or the age of majority in your jurisdiction).
• Have the legal capacity to enter into a binding contract.
• Use the Services on your own behalf or on behalf of a business or organization with authority to bind that entity to these Terms.

If you use the Services on behalf of a business or other entity, you represent and warrant that you are authorized to accept these Terms on its behalf.

3. Services provided

Oberth Systems provides software-as-a-service (SaaS) tools designed primarily for small and solo service businesses, including but not limited to the Back Talk AI service at https://back-talk.ai.

We may add, modify, or remove features or functionalities from time to time. Where changes are material, we will make reasonable efforts to provide notice.

4. Account registration and security

Some parts of the Services may require you to create an account.

You agree to:

• Provide accurate, current, and complete information when creating your account.
• Keep your login credentials confidential and not share them with others.
• Promptly update any information necessary to keep your account details accurate.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

You are responsible for all activities that occur under your account, whether or not you authorized them. We are not liable for any loss or damage arising from your failure to protect your account credentials.

5. License and permitted use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

You agree that you will not:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of any part of the Services.
• Copy, modify, adapt, translate, or create derivative works based on the Services.
• Use the Services to build a competing product or service or for benchmarking in a way that is detrimental to Oberth Systems.
• Bypass or circumvent any security or access control mechanisms of the Services.
• Use any automated means (such as bots or scrapers) to access the Services except as expressly permitted in writing.

Any rights not expressly granted in these Terms are reserved by Oberth Systems and its licensors.

6. User content

You may submit, upload, or otherwise provide text, data, prompts, configurations, or other materials in connection with your use of the Services ("User Content").

You remain the owner of your User Content. You grant Oberth Systems a non-exclusive, worldwide, royalty-free license to use, reproduce, process, store, transmit, and display User Content solely as necessary to:

• Provide, maintain, and improve the Services.
• Comply with applicable laws and enforce our policies.
• Protect the security and integrity of the Services.

You represent and warrant that:

• You have all rights, licenses, and permissions necessary to provide User Content and grant the above license.
• Your User Content and your use of the Services do not and will not infringe, misappropriate, or violate any third-party rights or applicable laws.

We may remove or disable access to any User Content that we reasonably believe violates these Terms or applicable law.

7. Prohibited conduct

You agree not to use the Services to:

• Violate any applicable law or regulation.
• Infringe or misappropriate any intellectual property, privacy, or other rights of any person or entity.
• Generate, upload, or share content that is unlawful, harmful, fraudulent, defamatory, harassing, hateful, or otherwise objectionable.
• Attempt to gain unauthorized access to the Services or related systems or networks.
• Interfere with or disrupt the operation or security of the Services.
• Send spam, unsolicited communications, or other bulk messages.
• Use the Services for high-risk activities where failure of the Services could lead to death, personal injury, or severe environmental or property damage.

We may suspend or terminate your access to the Services if we reasonably believe you have engaged in prohibited conduct.

8. Back Talk AI and AI-generated output

Back Talk AI is an AI-driven service offered by Oberth Systems that may generate text or other outputs in response to prompts or inputs you provide.

You understand and agree that:

• AI-generated outputs may be inaccurate, incomplete, or inappropriate, and should not be relied on as professional advice (including without limitation legal, medical, financial, or safety advice).
• You are solely responsible for reviewing, evaluating, and using any outputs generated by the Services.
• You must not use outputs in any way that violates applicable law, third-party rights, or these Terms.

To the extent permitted by law, Oberth Systems disclaims responsibility for decisions or actions you take based on AI-generated outputs.

9. Fees and payment

If you subscribe to a paid plan or otherwise purchase Services:

• You agree to pay all applicable fees in accordance with the pricing and payment terms we make available.
• Fees may be charged on a subscription, usage-based, or other basis as described at the time of purchase.
• Unless otherwise stated, all fees are non-refundable.
• We may suspend or terminate access to paid features if we are unable to process payment.

We may change our pricing or billing practices, but will provide advance notice for ongoing subscriptions where required.

10. Intellectual property

The Services, including all software, code, interfaces, designs, logos, trademarks, and other content (excluding User Content), are owned by or licensed to Oberth Systems and are protected by intellectual property and other laws.

Nothing in these Terms grants you any ownership rights in or to the Services or any intellectual property rights of Oberth Systems or its licensors. Any feedback, suggestions, or ideas you provide about the Services may be used by us freely and without obligation to you.

11. Third-party links and services

The Services may contain links to third-party websites, content, or services. These are provided for convenience only and do not constitute an endorsement or recommendation.

We do not control and are not responsible for third-party content or practices. Your use of third-party sites or services is at your own risk and may be subject to separate terms and privacy policies.

12. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

By using the Services, you acknowledge that you have read and understand the Privacy Policy.

13. Disclaimers

The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory.

To the fullest extent permitted by law, we expressly disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranties that the Services will be uninterrupted, error-free, secure, or free of harmful components.
• Any warranties regarding the accuracy, reliability, or completeness of any outputs, content, or information provided through the Services.

You use the Services at your own risk.

14. Limitation of liability

To the fullest extent permitted by law:

• Oberth Systems and its owners, officers, employees, contractors, and affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your use of the Services.
• Our total aggregate liability for all claims arising out of or related to the Services or these Terms will not exceed the greater of (a) the amounts you paid to us for the Services in the three (3) months preceding the event giving rise to the claim, or (b) one hundred US dollars (US $100).

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Oberth Systems and its owners, officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Services.
• Your User Content.
• Your violation of these Terms or any applicable law.
• Your infringement or alleged infringement of any third-party rights.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

16. Suspension and termination

We may suspend or terminate your access to all or part of the Services at any time, with or without notice, if:

• You violate these Terms or applicable law.
• We are required to do so by law or by a court or regulatory order.
• We discontinue or materially modify the Services.

You may stop using the Services at any time and, if you have an account, you may request account closure as available.

Upon termination, your right to use the Services will immediately cease, but the following sections will survive: 5, 6, 7, 8, 10, 13, 14, 15, 17, 18, and any other provisions that by their nature should survive.

17. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Services will be governed by the laws of the State of Ohio, without regard to its conflict of law principles.

You agree that the state and federal courts located in or serving Fairfield County, Ohio, will have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or the Services, and you consent to the personal jurisdiction of those courts.

18. Dispute resolution

Before pursuing formal legal action, you agree to first contact us and attempt to resolve the dispute informally. If we are unable to resolve the dispute within 30 days, any unresolved controversy or claim arising out of or relating to these Terms or the Services may be submitted to binding arbitration, administered by a recognized arbitration provider, rather than in court, except that you or we may seek injunctive or other equitable relief in a court of competent jurisdiction.

19. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page.

Where required by law or where changes are material, we will take reasonable steps to provide notice (for example, via the Services or by email). Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the changes.

20. Miscellaneous

• Entire agreement: These Terms, together with any other policies or agreements expressly incorporated by reference, form the entire agreement between you and Oberth Systems regarding the Services.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

21. Contact us

If you have any questions about these Terms or the Services, please contact us:

Email: info@oberthsystems.com