Welcome to Otso. The websites Otso.io, and all associated platforms (the “Site”) are provided and operated, and are being made available to you and the other users (the “Users” or “you”) by Otso Corp (“Otso”, “we”, “us”).

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THESE TERMS OF USE (AS MODIFIED FROM TIME TO TIME, “TERMS”) GOVERN YOUR USE OF THE SITE AND THE APPLICATION BY TENANTS TO DETERMINE ELIGIBILITY FOR A LEASE BASED ON OTSO’S CREDIT AND FINANCIAL REQUIREMENTS (THE ‘CREDIT CHECK”). BY CLICKING “I AGREE”, USING OR ACCESSING THE SITE OR APPLYING FOR A CREDIT CHECK OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS FOR AND ON BEHALF OF YOURSELF AND YOUR ORGANIZATION, AND ARE DOING SO, (B) YOU AND YOUR ORGANIZATION CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU AND YOUR ORGANIZATION AND EACH USER SHALL BE BOUND BY THESE TERMS AND OTSO’S PRIVACY POLICY (https://otso.io/LEGAL-CENTER/PRIVACY-POLICY/)(THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. OTSO DOES NOT MAKE CREDIT OR LEASING DECISIONS.

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If you do not have the legal authority to bind your organization, please do not apply for a Credit Check. From time to time, these Terms shall also apply to any upgrades or updates subsequently provided by Otso to the application process for a Credit Check. If you do not accept and agree to be bound by these Terms and/or the Privacy Policy, you are not authorized to access or otherwise use the Site or apply for a Credit Check.

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Eligibility

To apply for a Credit Check, you must be at least 18 years of age. In applying for a Credit Check, you represent that:

1. You are a Tenant and have interest in signing a commercial lease with one of Otso's clients "Landlords."
2. You confirm that you are of legal age to form a binding contract with Otso; and
3. You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

Privacy

Your privacy is important to Otso. Our goal is to make the Site, the application process for a Credit Check as good, useful, and rewarding for you as possible. In order to do that, Otso may collect and process information from you when you access or use the Site, apply for a Credit Check. Otso will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By accessing and using the Site, or applying for a Credit Check, you agree that Otso may collect, use, and disclose, as set forth in the Privacy Policy, the information you provide during your access to or use of the Site and the  or when you apply for a Credit Check, and in some cases, information that is provided by or through any of the Site.

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Credit Check and Application

Once your Landlord has agreed to participate in the Program, Tenants can apply at the link provided by their Landlord (the “Application”). By submitting the Application, you hereby authorize Otso and its authorized service providers to run the Credit Check and Financial Information Checks based on the criteria determined by Otso in its sole discretion. You agree that the information you provide in connection with the Application will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

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Additional Policies

When accessing or using the Site or applying for a Credit Check, you may be subject to additional posted policies, guidelines, or rules applicable to the Site, the Application, or the Credit Check and features which may be posted from time to time (as added or modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.

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Links to Third-Party Websites

The Site may contain links to third-party websites placed by Otso as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption, or sponsorship of, or affiliation with, such third-party website. When you leave Otso, our terms and policies do not govern your use of third-party websites.

Ownership; Proprietary Rights

The Site and the Application are owned and operated by Otso. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements, the Site, and the Application provided by Otso (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content that is provided and owned by Users, all Materials contained on the Site, or the Application are the property of Otso or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Otso, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Otso reserves all rights not expressly granted in these Terms.

Otso is a trademark of Otso Corp. The trademarks, logos, and service marks (“Marks”) displayed on the Site  are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

You hereby grant to Otso a non-exclusive, worldwide, fully paid-up, royalty-free, non-terminable, perpetual, irrevocable right and license to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit any feedback, comments, or suggestions that you provide with respect to the the Application, and all related intellectual property, without restriction of any kind and without any right of accounting.

Rights to Otso Content

The Site contains content provided by us and our affiliates, licensors, and service providers. We and our affiliates, licensors, and service providers own and retain all proprietary (including all intellectual property) rights in the content we each provide. If you are a User, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to use such content solely for your personal use in connection with accessing and using the Site; provided that you agree that you will not reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt, or create derivative works based on any such content.

Indemnification

You agree to defend, indemnify, and hold Otso and our officers, directors, board members, board advisors, employees, partners, agents, successors, and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or otherwise arising from your use of the Site, the Application, and the Credit Check, including due to or arising from your breach of any provision of these Terms.

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No Warranties

THE SITE AND THE APPLICATION ARE PROVIDED "AS IS" AND OTSO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE AND THE APPLICATION PROVIDED TO YOU UNDER THESE TERMS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, OTSO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE SITE AND THE APPLICATION WILL MEET YOUR REQUIREMENTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE.

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Limitation of Liability

IN NO EVENT SHALL OTSO BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTSO'S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS, THE PRIVACY POLICY, THE SITE, OR THE APPLICATION, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF THE FEES PAID FOR THE APPLICATION FOR THE CREDIT CHECK AND $100.

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Changes to Terms

Otso reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site. Please check these Terms periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. In the event of a material modification, Otso will make reasonable efforts to notify you of the change. Changes, except as stated elsewhere by Otso, will automatically be effective, replacing the previously-effective Terms, thirty (30) days after they are initially posted on the Site. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE.

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Prohibited Conduct

BY ACCESSING OR USING THE SITE, YOU AGREE NOT TO engage in prohibited activities such as unauthorized use or access, providing false information, infringement of third-party rights, use of the Site or Application for unlawful purposes, and other activities that are against these Terms.

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Governing Law; Dispute Resolution

These Terms shall be governed by the laws of the State of Texas. Any disputes arising from these Terms will be resolved through arbitration or, where arbitration is not applicable, in the federal or state courts of Harris County, TX.

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Severability

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

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Assignment

These Terms may not be transferred or assigned by you, but may be assigned by Otso without restriction.

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Survival

Upon termination of these Terms, provisions which, by their nature or express terms should survive, will survive such termination or expiration.

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Entire Agreement

These Terms, including the Privacy Policy and any Policies, constitute the entire agreement between you and Otso relating to the subject matter herein.

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No Agency

No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.

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