Terms and Conditions of Website Use

1. Scope and definitions

These Terms and Conditions of Website Use (“Terms”) set forth the conditions applicable to the website located at omou.si and the content made available through that website (collectively, the “Website”). “Omou,” “we,” “us” and “our” refer to the business operating under the name Omou. “You” and “your” refer to a person accessing or using the Website.

“Content” includes the text, images, artwork, designs, graphics, audiovisual material, compilations and other material made available on the Website, together with the protectable elements of its presentation and arrangement. References to the Website do not extend these Terms to independently operated websites merely because they are linked or referred to here.

These Terms concern the public informational Website. They do not constitute a proposal, statement of work, engagement agreement, authorization to perform services, or agreement governing the delivery of paid work. Any provision intended to operate as a contractual obligation is subject to the notice, assent and other requirements applicable to its formation and enforcement. Nothing in these Terms deems consent given where applicable law requires an act of acceptance that has not occurred.

2. Informational character; no engagement

Content is provided for the purpose of communicating general information concerning Omou and its work. Descriptions of capabilities, approaches or areas of practice are not commitments to accept an engagement, reserve capacity, achieve a particular commercial outcome, or provide a particular scope, price or delivery schedule.

Neither access to the Website nor the transmission or acknowledgment of an inquiry, standing alone, creates an engagement, a professional-adviser relationship, or an obligation to commence work. Any engagement must be established by a separate agreement accepted by the relevant parties. Its scope, deliverables, fees, responsibilities, ownership arrangements and other commercial terms are governed by that agreement.

General Website content is not a substitute for advice or work specifically commissioned for your circumstances. You should obtain confirmation of any matter material to a proposed engagement before acting upon it. This provision does not negate an express representation made by Omou in a separate communication where applicable law gives that representation legal effect.

3. Relationship to separate agreements and privacy disclosures

An agreement expressly governing an engagement takes precedence over these Terms to the extent of a conflict concerning that engagement. A subsequent revision of these Terms does not amend that separate agreement or enlarge the scope of work without the agreement required under its own provisions.

The Privacy Policy describes the processing of Personal Information in connection with the Website and related inquiries. These Terms do not constitute consent to processing for which separate consent is required, and do not waive any right or obligation established by applicable privacy law.

4. Intellectual property and reservation of rights

Except to the extent that a different ownership position is expressly identified or established by applicable law, rights in Content owned by Omou are reserved to Omou, and rights in third-party material remain vested in the respective rights holders. Nothing in these Terms represents that Omou owns a third party's intellectual property or holds exclusive rights in material that is not legally subject to exclusive ownership.

Subject to applicable law and any express permission accompanying particular Content, the Website is made available for ordinary viewing and for the limited reproduction necessarily incidental to such viewing. You may share links to publicly available pages, provided that the manner of presentation does not falsely represent an affiliation, sponsorship or endorsement.

Except as expressly permitted or independently authorized by law, no license is granted to reproduce, distribute, adapt, republish, sell or otherwise commercially exploit Content; remove proprietary notices; or use any name, mark or other identifying element in a manner that is likely to misrepresent its origin or your relationship with Omou.

All permissions expressly granted are confined to their stated scope. No transfer of ownership, general commercial license, endorsement or other right is implied by access to the Website, by the absence of a technical restriction, or by a failure to object to a particular use. Nothing in these Terms restricts fair use, lawful quotation, criticism, accessibility rights or any other use protected by applicable law.

5. Communications and submitted material

You are responsible for ensuring that material you submit is relevant to the matter concerned and that you are entitled to disclose it. Submission of material does not transfer ownership to Omou and does not, by itself, grant permission to publish the material, display it in a portfolio or exploit it for an unrelated purpose.

Communications submitted for the purpose of an inquiry may be received, reviewed, retained and used to evaluate and respond to that inquiry, subject to the Privacy Policy, any applicable agreement and applicable law. No broader assignment or license is created merely because an idea, proposal, concept or other material has been communicated.

Before providing confidential material belonging to a client or another person, access credentials, or information requiring restricted handling, an appropriate arrangement should be established with Omou. An unsolicited submission does not itself establish a separately negotiated confidentiality agreement; equally, these Terms do not extinguish a confidentiality duty that already exists under an agreement or applicable law.

Receipt of a communication does not guarantee that it will be accepted as a proposal, that a response will be provided within a particular period, or that Omou will undertake the work described. Legally required responses, including responses to applicable privacy requests, are unaffected.

6. Permitted conduct and protection of systems

Permission to access publicly available Content does not include permission to interfere with the Website, compromise the rights of another person or obtain access to nonpublic systems or information.

Without limiting independently applicable legal restrictions, prohibited conduct includes introducing malicious or harmful material; deliberately impairing availability or normal operation; bypassing access controls; obtaining or attempting to obtain unauthorized access; impersonating Omou or another person; misrepresenting the origin of a communication; and using the Website to infringe intellectual property, privacy or other legally protected rights.

The public availability of the Website, or a description of technical or security capabilities, does not authorize vulnerability exploitation, intrusive testing, access to confidential information, or testing of systems belonging to Omou or any other person. Such activity requires appropriate authorization from the relevant system owner and an agreed scope. No permission concerning another person's systems can be inferred from anything on this Website.

Suspected errors, misuse or security issues may be reported to hello@omou.si. A report should describe the issue without including information obtained through unauthorized access. Nothing in these Terms prohibits a disclosure to a regulator or other conduct affirmatively protected by law.

7. Availability, maintenance and changes to Content

The Website may be revised, suspended, restricted or discontinued, in whole or in part. Content may be added, corrected, replaced or removed. Such changes may result from maintenance, operational requirements, security considerations or changes in the information being presented.

The availability of a page at a particular time does not constitute a commitment that it will remain available indefinitely, that previously displayed Content will be preserved, or that the Website will be compatible with every device, connection or access method. Omou does not undertake a general obligation to provide technical support for access to the free informational Website.

These reservations are subject to applicable legal obligations. They do not authorize deletion of information subject to a preservation duty, termination of a separately contracted service contrary to its terms, or impairment of a right that the law does not permit Omou to restrict.

8. External references and third-party material

Links and references to external resources are provided for the purpose indicated by their context. Unless expressly stated, inclusion of a reference does not constitute an endorsement of every statement, service, practice or later modification associated with the referenced resource.

Independently operated resources are controlled by their respective operators. Omou does not undertake to continuously review their content or availability. Rights in third-party material remain subject to the rights and permissions applicable to that material. This section does not disclaim responsibility for Omou's own representations, its own conduct, or obligations that cannot lawfully be delegated.

9. Disclaimers concerning the informational Website

SUBJECT TO SECTION 10 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FREE INFORMATIONAL WEBSITE AND ITS CONTENT ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT A CONTRACTUAL WARRANTY THAT THEY WILL BE UNINTERRUPTED, FREE OF ALL ERRORS, COMPLETE FOR EVERY POSSIBLE PURPOSE, OR SUITABLE FOR A PARTICULAR PROPOSED ENGAGEMENT.

No general description, illustration or expression of approach on the Website constitutes a guarantee of future commercial performance. No warranty concerning commissioned work is created, varied or excluded merely by publication of these Terms; the applicable engagement agreement and mandatory law govern that work.

The foregoing provisions address the scope of representations associated with a free informational resource. They do not constitute a release of claims for misleading statements, an exclusion of duties imposed by law, or a representation that a disclaimer is effective in circumstances in which applicable law makes it unenforceable.

10. Mandatory rights and limits of construction

Nothing in these Terms excludes or restricts liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, a violation of law, or any other liability that applicable law does not permit to be excluded or restricted. No provision shall be construed as requiring a waiver of a mandatory consumer protection, a nonwaivable statutory remedy, or a legally protected right to seek relief.

Any disclaimer, reservation, restriction or other qualification applies only to the extent lawful and enforceable in the circumstances concerned. Where applicable law affords you a right or protection inconsistent with such a provision, that right or protection prevails. A limitation applicable to one type of claim is not to be extended by implication to another.

11. Applicable law and proceedings

To the extent that a choice of law may validly be made through these Terms, they shall be construed in accordance with the laws of the State of California, without displacing mandatory protections applicable to you under the law that would otherwise govern. This provision does not establish exclusive jurisdiction or venue, waive an available forum, or alter a jurisdictional requirement imposed by law.

Nothing in these Terms requires binding arbitration, a waiver of jury trial or a waiver of a right to participate in proceedings where such a right exists. Any dispute-resolution arrangement governing a separately commissioned engagement must be established by the applicable agreement and remain subject to the law governing its enforceability.

12. Interpretation, severability and nonwaiver

Section headings are provided for convenience and do not enlarge or restrict the substance of a provision. References to applicable law include mandatory rules governing the particular person, conduct and subject matter concerned. General language is not to be construed as authorizing conduct prohibited by such rules.

If a provision is determined to be invalid or unenforceable, it shall be inoperative to the extent of that determination. The remaining provisions continue to apply insofar as they can lawfully operate independently. This provision does not authorize a court or either party to impose a materially different obligation that was not otherwise agreed.

A failure or delay to exercise a right does not, without more, constitute a waiver of that right or a continuing waiver in respect of other circumstances. This reservation does not displace any waiver, estoppel, limitation period or similar rule that applies as a matter of law.

13. Amendments

Revised Terms will be posted on the Website with an updated effective date. Revisions apply prospectively, subject to any notice or assent required by applicable law. Publication alone does not retroactively alter a separate agreement, extinguish an accrued right, or establish acceptance where the law requires additional conduct.

Where a provision depends upon an agreement between you and Omou, its amendment remains subject to the requirements for a valid amendment. Merely replacing text on the Website does not dispense with those requirements.

14. Contact

Questions concerning the Website, permitted use of Content or these Terms may be directed to Omou at hello@omou.si. Requests concerning Personal Information should be made in accordance with the Privacy Policy. This contact provision does not prescribe an exclusive method for service of legal process or replace a method required or permitted by applicable law.