Terms of Service

1. Who we are and what these terms cover

Ostera is operated by OSTERA LLC (“Ostera”, “we”, “us”), 10850 N Dover St, Westminster, CO 80021, USA. These Terms of Service (“Terms”) apply to the online service, its booking pages and related support (together, the “Service”).

By creating an account, signing an order or using the Service, you agree to these Terms on behalf of the business you represent (“Customer”, “you”). If you do not have authority to bind that business, do not use the Service.

The Service is intended for businesses. It is not offered to consumers for personal, family or household purposes.

2. The Service

The Service lets you publish a booking page, manage services and their durations, keep calendars for staff and for rooms or stations, set availability and breaks, send confirmation and reminder emails, keep a waitlist and client records, run a daily front-desk view and assign roles to your users.

Features available to you depend on your plan as set out in your order. We may improve or change the Service over time; we will not materially reduce the core functions of your plan during a paid subscription period without notice.

The Service is not designed to store medical or health records, and must not be used for that purpose.

3. Accounts and users

You are responsible for the accuracy of your account information, for the people you invite as users, for the roles you give them, and for keeping sign-in credentials confidential.

Tell us promptly at contact@ostera.app if you believe an account has been accessed without authorization.

4. Orders, plans and subscription fees

Plans are agreed with you on request. Your order states the plan, the subscription period and the subscription fees.

You agree to pay the subscription fees as set out in your order. Unless your order states otherwise, fees are billed in advance for each subscription period, are non-refundable except as stated in our Cancellation Policy, and exclude applicable taxes, which are your responsibility.

We may change fees for a renewal period by giving you notice at least 30 days before the renewal. Changes do not affect a subscription period that has already started.

If fees due are not received, we may, after notice, suspend access to the Service until the account is brought up to date.

5. Term, renewal and cancellation

Your subscription runs for the period stated in your order and renews for successive periods of the same length unless either party cancels before the end of the current period.

You may cancel at any time; cancellation takes effect at the end of the current subscription period, as described in our Cancellation Policy.

We may terminate or suspend the Service immediately if you materially breach these Terms or our Acceptable Use Policy and do not cure the breach within 10 days of notice, or immediately where the breach creates a security or legal risk.

6. Your data and your clients’ data

You keep all rights in the data you and your clients enter into the Service (“Customer Data”). You grant us the rights needed to host, process and display Customer Data in order to provide the Service.

Where we process personal data on your behalf, our Data Processing Addendum forms part of these Terms. You are responsible for having a lawful basis to collect your clients’ data and to send them emails through the Service.

After the end of your subscription, you may request an export of Customer Data within 30 days. After that period we delete Customer Data from the active Service, and from backups on their normal cycle, unless the law requires us to keep it.

7. Acceptable use

You agree to use the Service in line with our Acceptable Use Policy, which forms part of these Terms.

8. Availability and support

We aim to keep the Service available at all times, apart from planned maintenance, which we try to schedule outside common business hours, and events outside our reasonable control. We do not guarantee uninterrupted availability.

Support is provided by email at contact@ostera.app and by phone at +1 (970) 238-3416 during business hours.

9. Intellectual property

We own the Service, its software, design and documentation. We grant you a non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription.

If you send us suggestions, we may use them without obligation to you.

10. Confidentiality

Each party will protect the other’s confidential information with reasonable care and use it only for the purposes of these Terms.

11. Warranties and disclaimers

We will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, the Service is provided “as is” and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the extent permitted by law.

You remain responsible for your appointments, your services and your relationship with your clients.

12. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or goodwill.

To the extent permitted by law, each party’s total liability arising out of these Terms is limited to the subscription fees paid or payable by you for the twelve months before the event giving rise to the claim. These limits do not apply to your obligation to pay fees, or to liability that cannot be limited by law.

13. Indemnity

You will defend and indemnify us against third-party claims arising from Customer Data or from your use of the Service in breach of these Terms or the law.

14. Governing law and venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Adams County, Colorado.

15. Changes and general terms

We may update these Terms. We will give at least 30 days’ notice of material changes by email or in the Service; changes apply from your next subscription period unless required sooner by law.

If any provision is found unenforceable, the rest remains in effect. You may not assign these Terms without our consent. These Terms, your order, the Data Processing Addendum and the policies referenced here are the entire agreement between the parties on their subject.

Contact: OSTERA LLC, 10850 N Dover St, Westminster, CO 80021, USA. Email: contact@ostera.app. Phone: +1 (970) 238-3416.