Effective: August 10, 2022
Last Updated: August 10, 2022
These terms set forth our legal obligations to each other. They apply to your use of our services.
When we say “OneGen,” “we,” “us,” and “our” in these terms, we mean Digital Reverie LLC., its subsidiaries, and its related companies.
When we say “services” in these terms, we mean OneGen’s services, apps, websites, and other products.
When we say “you” or “your,” we mean you. If you’re accessing our services on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these terms, and “you” and “your” will refer to that entity.
Who we are
We provide services that allow you to design OneGen projects and collaborate with other users (if you choose to). Our services may also include access to certain software, features, and content that you can purchase from us.
OneGen’s services are provided by Digital Reverie LLC. We’re located at 5900 Balcones Dr STE 100, Austin, TX 78731, USA.
Age requirements and responsibility of parents and guardians
By accessing our services, you confirm that you’re at least 13 years old and meet the minimum age of digital consent in your country.
If you are old enough to access our services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the services, then these terms also apply to you and you’re responsible for your teenager’s activity on the services.
What you can expect from us
We’re actively developing new features and products to improve OneGen. As part of these efforts, we may add or remove features, start offering new services, or stop offering old services. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages or service changes.
Your OneGen account
You are responsible for the security of your account, and you agree to notify us immediately if you believe your account has been compromised. If you use a password, it must be strong, and we (strongly) recommend that you use that password only for your OneGen account. If your account is compromised, we may not be able to restore it to you.
You are also responsible for maintaining the accuracy of the contact information associated with your account. If you get locked out of your account, we’ll need to contact you at the email associated with your account, and we may not be able to restore your OneGen account to you if you no longer have access to that email account. We may also assume that any communications we’ve received from your account or the associated contact information have been made by you.
You agree not to license, sell, or transfer your account without our prior written approval.
Content in OneGen’s services
When we say “your content” in these terms, we mean all the things you add (upload, post, share, or stream) to our services. This may include text, links, GIFs, emoji, photos, videos, documents, or other media. If we come up with another way for you to add content to the services, it includes that too.
You don’t have any obligation to add content to the services. If you choose to add content to the services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in the terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others’ use of your content.
Your content is yours, but you give us a license to it when you use OneGen. Your content may be protected by certain intellectual property rights. We don’t own those. But by using our services, you grant us a license—which is a form of permission—to do the following with your content, in accordance with applicable legal requirements, in connection with operating, developing, and improving our services:
- Use, copy, store, distribute, and communicate your content in manners consistent with your use of the services. (For example, so we can store and display your content.)
- Publish, publicly perform, or publicly display your content if you’ve chosen to make it visible to others. (For example, so we can display your project to users you invite.)
- Monitor, modify, translate, and reformat your content. (For example, so we can upgrade your project to a newer version of OneGen app.)
- Sublicense your content, to allow our services to work as intended. (For example, so we can store your content with our cloud service providers.)
This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable, and perpetual.
We reserve the right to block, remove, and/or permanently delete your content for any reason, including breach of these terms, our other policies, or any applicable law or regulation.
We welcome feedback on our services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.
Our services include some content that belongs to us. You may use this content as permitted by these terms, but we retain all intellectual property rights in our content.
Other people’s content. Our services might also provide you with access to other people’s content. You may not use this content without that person’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect OneGen’s own views. OneGen doesn’t endorse or verify the accuracy or reliability of content shared by OneGen users. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion.
Third party features and content. Our services may also allow you to access third-party websites, features, apps, or other content. We provide you access only as a convenience to you, and are not responsible for the content or services available from these websites or resources.
Software in OneGen’s services
License to our software. Some of our services allow you to download client software. So long as you comply with these terms, we grant you a worldwide, non-exclusive, personal, and non-assignable license to download, install, and run that software, solely to access our services.
You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or services. You also may not reverse engineer or decompile our software or services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.
Although we are granting you this license, we retain any intellectual property rights we have in our software and services.
Restrictions on your use of OneGen’s services
- Don’t use the services to do harm to yourself or others. Among other things, this includes trying to gain access to another user’s account or any non-public portions of the services, infringing anyone else’s intellectual property rights or any other proprietary rights, harassing, bullying, spamming through our services.
- Don’t use the services to do harm to OneGen. Among other things, this includes trying to gain access to or attacking our systems, scraping us, transmitting viruses or other malicious code to our services, abusing or defrauding us or our payment systems, copying our product or using our intellectual property without permission, and misusing our reporting or customer service mechanisms.
- Don’t use the services to do anything else that’s illegal. This includes using the services to commit any crime or infringe anyone’s intellectual property rights.
We encourage you to report content or conduct that you believe violates these restrictions.
Your right to terminate. You’re free to stop using OneGen’s services at any time and for any reason. If you wish to delete your account, you may contact us at firstname.lastname@example.org. Keep in mind we have to verify your identity and delete all projects and other content tied to your account.
Our right to terminate. Subject to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion, including if:
- You breach these terms, our policies, or additional terms that apply to specific products.
- We’re required to do so to comply with a legal requirement or court order.
- We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.
- Your account has been inactive for more than one year.
If you are using the services on behalf of a business or legal entity and not in an individual capacity, then you will indemnify and hold OneGen and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services, (b) your content, or (c) your violation of these terms.
Services “AS IS”
We work hard to offer great services, but there are certain aspects that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ONEGEN, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.
This warranty does not affect any consumer rights you might have under applicable law, including the legal guarantee in certain places such as the European Union that products and services must comply with this agreement and your rights in case of non-conformity of a product or service.
Limitation of liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN COUNTRIES WHERE THE BELOW TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE DO NOT CONFIRM THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER ONEGEN, ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONEGEN OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), ONEGEN LIMITS OUR LIABILITY TO YOU TO THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS BEFORE YOU FIRST ASSERT A CLAIM.
ONEGEN ISN’T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONEGEN AND YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.