Terms and Conditions
Last Update
Welcome to OTO.
OTO Global, Inc. (“OTO,” “we,” or “our”) provides its services (as defined below) to you (“you,” “your,” or “Merchant”) through its website located at https://tryoto.com/ (“Website”), subject to these Terms. The entity of the OTO group providing the Services shall be the contracting party with the Customer. The applicable contracting entity may vary depending on the Customer’s location, the nature of the Services provided, and the applicable commercial arrangement. References to "OTO", "we", "us" or "our" in these Terms shall refer to the relevant OTO group entity providing the Services.
This Website and the Services (defined below) are offered on the sole condition of your acceptance, without modification, of all terms, conditions, and notices set forth below. By creating an account on the Website (“OTO Account”) or using any of the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy (available on the Website). If you do not accept any provision in our Terms and/or Privacy Policy, you are not authorized to use this Website and/or our Services and must immediately cease using the Website.
1. Acceptance of Terms
If you are entering into these Terms on behalf of a company, business, or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you are not authorized to use the Website or the Services.
By registering for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form. Our collection and processing of registration data and certain other information about you are governed by our Privacy Policy.
You acknowledge and agree that we may change or modify these Terms in the future; such changes shall become effective immediately upon posting to the Website. Your continued access or use of the Website after such changes constitutes your acceptance of the modified Terms. OTO endeavors to provide notice of any meaningful changes (via email or in-product notification), but failure to do so does not excuse your obligation to comply with modified Terms. You agree to periodically review the most current version posted on the Website.
You acknowledge and agree that you may be subject to additional terms applicable to certain services. All terms and conditions relating to such services are available on the Website.
If you breach any terms or conditions under these Terms, we may immediately terminate the Services, suspend your OTO Account, and/or take other legal action at our disposal.
Use of any services not provided by us directly requires a separate, legally binding agreement with a third-party service provider. You acknowledge and agree that we assume no liability for acts, errors, or omissions (including negligence or willful misconduct) of any third-party service providers with whom you or your affiliates may contract, regardless of purpose.
2. Services Provided by OTO
For purposes of these Terms, the “Services” include:
the services listed in each plan available on the Website;
your access to OTO’s proprietary platform (“OTO Platform”) and associated technology, in object code format only, for managing goods, submitting orders, and fulfilling orders;
all software, data, reports, text, images, sounds, video, and other content made available through the foregoing (collectively, the “Content”); and
shipment services provided through independent third-party service providers referred to as “OTO Service Providers.”
All features pertaining to each plan on the Website are part of the Services, and any new feature that is added to any plan is included in the Services and subject to these Terms.
You understand and agree that OTO provides a technology platform that connects you with OTO Service Providers who are responsible for warehousing, picking and packing, and fulfilling your goods. These services are performed solely by the OTO Service Providers, not by OTO.
When OTO Service Providers perform such services, OTO will use commercially reasonable efforts to facilitate their assent to the following:
they have the necessary approvals, licenses, and insurance;
they comply with all applicable laws and regulations, including safety regulations;
they accept a duty of care consistent with industry best practices and guidelines; and
they maintain insurance as required by law.
Notwithstanding the foregoing, OTO does not guarantee the suitability, legality, or ability of any OTO Service Provider. You agree that OTO is not responsible or liable for any OTO Service Provider’s performance of warehousing, pick-and-pack, or fulfillment services, and OTO does not guarantee their compliance with applicable laws or regulations.
3. Prohibited Products; Restricted Products; Limitations to Shipping
3.1 Prohibited Products
As per applicable laws, you are prohibited from shipping through OTO the following items (“Prohibited Products”), even where not expressly listed below but declared as prohibited or banned by governmental, regulatory, or other authorities. Prohibited Products include, without limitation, the following categories of items:
Illegal goods (as determined by the exporting country, importing country, transit points, or international law);
Weapons & Explosives: ammunition, firearms and any kind of weapon, or any imitation or replica firearm; knives, blades and swords; and explosive or detonating devices;
Narcotics & Controlled Substances: narcotics and illegal drugs; pharmaceuticals or other dangerous drugs; cannabis and cannabis derivatives; hemp and hemp/CBD products; and controlled or prescription medications;
Alcohol, Tobacco & Nicotine: alcoholic beverages; tobacco and cigarettes; and nicotine products, including electronic cigarettes and e-shisha;
Radioactive & Nuclear Materials: radioactive substances, nuclear materials, and radiation-contaminated items;
Live Animals: live animals of any kind;
Animal Remains & Regulated Wildlife: animal remains and by-products, including ivory, furs, and trophies, and items regulated under CITES;
Precious Metals: precious metals in the form of bullion or reserves;
Money & Negotiable Instruments: cash (in the form of bank notes, currency notes, and coins), cheques, traveller's cheques, and payment cards or other negotiable financial instruments;
Human Remains: human remains or ash;
Counterfeit & Sanctioned Goods: counterfeit, fake, or replica goods, and embargoed or sanctioned goods;
Pornographic Materials: pornographic or indecent materials, including adult sex products and toys;
Political & Sensitive Materials: publications or materials that may threaten public order or national security;
Jewellery & Valuables: jewellery, precious and semi-precious stones, pearls, diamonds, and other items of unusual or exceptional value;
Food: food items, whether perishable or non-perishable;
Glass & Sharp Items: glass items and sharp objects that may cause injury to personnel or damage to other shipments;
Batteries: lithium batteries and other battery types subject to shipping restrictions;
Drones & Radio-Controlled Devices: drones, unmanned aerial vehicles (UAVs), and other radio-controlled aircraft or devices, including drone parts, transmitters, and remote controllers;
Hazardous & Dangerous Goods: explosive or hazardous products, chemicals, and flammable, corrosive, toxic, or infectious substances, including compressed gases;
Plants & Agricultural Products: live plants; seeds, flowers, grains, and other agricultural products; and fertilizers or insecticides where restricted.
3.2 Restricted Products
Certain items may be shipped through OTO subject to conditions determined by the applicable OTO Service Provider, which may include limited carrier availability, additional charges, and/or additional documentation (“Restricted Products”). It is your responsibility to check the applicable OTO Service Provider's policies before shipping a Restricted Product. Restricted Products include, without limitation, the following categories of items:
• Perfumes: perfumes;
Additional restrictions may apply depending on the shipment's destination, origin, service type, OTO Service Provider, or commodity, and in accordance with applicable laws and required government approvals. Any item that is illegal, prohibited, restricted, dangerous, unsafe, or otherwise not permitted under applicable regulations may be refused for shipping, in addition to the categories listed above.
3.3 Handling of Prohibited or Non-Compliant Restricted Shipments
If a shipment contains a Prohibited Product, or a Restricted Product that does not meet the applicable OTO Service Provider's conditions (including permitted destinations, service types, or required documentation), the shipment may be returned to you, disposed of, or otherwise handled at the discretion of the applicable OTO Service Provider, and additional charges may apply. Any applicable return, disposal, or other related fees will be deducted from your OTO Wallet or saved payment method.
3.4 Liability for Prohibited Products
OTO shall not be liable for any loss, damage, or destruction of a Prohibited Product.
3.5 Reporting of Prohibited Product Shipments
In order to maintain the integrity of OTO's Services and reputation, OTO will report any activities pertaining to shipping Prohibited Products to relevant law enforcement authorities and shipping partners, and your account will be suspended.
3.6 Carrier-Specific Limitations
It is acknowledged by you that OTO Service Providers may have specific limitations, conditions, or requirements for shipping Restricted Products or other commodities that fall under certain categories. You agree that it is your responsibility to (1) disclose the nature of the commodity you wish to ship, and (2) check for any limitations, charges, or documentation requirements in the policies of your selected OTO Service Provider.
3.7 Cold and 'Heavy-and-Bulky' Shipments
You acknowledge and agree that cold and 'heavy-and-bulky' shipments have specific coverage areas that vary among different delivery companies. You agree that it is your responsibility to (1) disclose such specificities, and (2) check for any instructions and/or limitations provided in the policies of your selected OTO Service Provider.
3.8 Packaging Instructions
The OTO Service Provider's specific packaging instructions are based on the nature of the item being shipped. You agree that it is your responsibility to check for any instructions provided in the policies of your selected OTO Service Provider.
3.9 AWB (Shipping Label) Requirement
You must securely attach the Air Waybill (AWB), or shipping label, provided by the applicable OTO Service Provider to each shipment prior to handover for pickup or delivery. If the AWB is not properly attached to, or enclosed with, the shipment, OTO and the applicable OTO Service Provider shall have no liability for any loss, delay, misdelivery, or damage arising from or related to such shipment.
3.10 International Shipping — AWB Requirements
If you wish to ship internationally, you acknowledge and agree that it is your responsibility to check for Air Waybill (AWB) special requirements for international shipping.
3.11 Documentation for International Shipments
For international shipments, you are responsible for providing all documents required based on the shipment's destination, which may include, without limitation, the consignee's identification, a Proforma Invoice, a Safety Data Sheet (MSDS), or any other document required by the applicable OTO Service Provider or customs authority. Failure to provide the required documents may result in delays, customs clearance issues, additional charges, or the shipment being rejected, held, or returned.
3.12 QR Code Requirement
You acknowledge and agree that certain delivery companies require a QR code printed on the package.
4. Claims, Disputes and Compensation for Shipments
4.1 Lost or Damaged Shipments
(a) For any claim relating to a shipment that is lost or damaged while in the custody of an OTO Service Provider, you must submit the claim to OTO together with supporting evidence, including photographs of the external and internal packaging showing the Air Waybill (AWB).
(b) Claims for lost shipments must be submitted within one (1) month from the date the shipment is confirmed lost. Claims for damaged shipments must be submitted within twenty-four (24) to forty-eight (48) working hours of the shipment's delivery. Claims submitted after the applicable period will not be reviewed.
(c) The decision to accept or reject a claim, and the amount of any compensation, is made at the sole discretion of the relevant OTO Service Provider, based on its investigation of the packaging and the nature of the products shipped. OTO's role is limited to submitting your claim to the OTO Service Provider on your behalf and does not constitute or guarantee any compensation outcome.
4.2 Proof of Delivery, Pickup, or Return
You may request proof that a shipment was delivered, picked up, or returned. Such requests must be submitted within forty-eight (48) hours of the shipment's latest recorded status. Requests submitted after this period may not be honored.
4.3 Fee Disputes
(a) Weight Variance Fees. Disputes over weight variance fees must be submitted within one (1) week of the date the fee was deducted from your account, together with the shipment's original declared dimensions and its actual weight based on the final packed shipment showing all items included.
(b) Destroy Fees. Destroy fees are disclosed on the applicable instruction page before shipment creation and are not subject to dispute once applied.
(c) Return Fees. Return fees are disclosed on the applicable instruction page before shipment creation and are not subject to dispute once applied.
(d) Customs and Duty Fees. Customs duties, taxes, and clearance fees are determined by the customs authority of the destination country and vary by destination, commodity, and order value. Such charges are typically payable by the consignee directly to the applicable Service Provider. Where the consignee refuses or fails to pay the applicable customs duties or fees, the Service Provider may take any action it deems appropriate with respect to the shipment, including delivering, returning, or destroying it, and any resulting customs, return, or destroy fees (as applicable) will be charged to you. OTO discloses on the applicable instruction page that such charges may apply, but does not disclose specific amounts in advance, as these are set by the relevant customs authority and not by OTO. Such fees are not subject to dispute once applied.
(e) Other Fees. Surcharges, address-change fees, tier-change fees (in excess of standard delivery fees), POS charges, and COD fees are disclosed on the applicable instruction page before shipment creation and are not subject to dispute once applied.
4.4 Deductions
(a) Fees described in Section 4.3, including without limitation weight variance fees, customs and duty fees, destroy fees, POS charges, and tier-change fees, are applied automatically and deducted from your OTO Wallet or saved payment method when the applicable event occurs (for example, where an OTO Service Provider identifies a weight variance on a shipment). OTO does not contact you in advance of applying such fees.
(b) You may dispute an applied fee in accordance with Section 4.3 above, where such fee is stated to be disputable. For the process applicable to disputing Credit Fees generally, see Section 7.2 (Credits Fee Disputes).
4.5 Service Provider Liability and Compensation
Each Service Provider determines its own liability terms and compensation limits applicable to shipments it handles. These terms are made available to you by the Service Provider before shipment creation and can be reviewed at any time via the price calculator on the OTO dashboard. You are responsible for reviewing the applicable Service Provider's liability terms before creating a shipment.
5. Access to and Use of the Services
Subject to these Terms, you may access and use the Services only for lawful purposes. All rights, title, and interest in and to the Services (including all intellectual property rights) remain with OTO. You shall not: (i) sublicense, resell, rent, lease, transfer, assign, time-share, or otherwise commercially exploit or make the Services available to any third party; (ii) use the Services unlawfully (including violating data, privacy, or export control laws) or in any manner that interferes with or disrupts Service integrity or performance; or (iii) modify, adapt, or hack the Services, or attempt to gain unauthorized access to the Services or related systems or networks. You shall comply with any codes of conduct, policies, or other notices OTO provides or publishes in connection with the Services, and promptly notify OTO if you learn of a security breach related to the Services.
Any software made available to you by OTO in connection with the Services (“Software”), including the OTO Platform, contains OTO’s proprietary and confidential information protected by applicable intellectual property laws and these Terms. OTO grants you a non-transferable, non-sublicensable, non-exclusive license (“License”) to use the object code of any Software and Content on a single device solely in connection with the Services, provided that you shall not (and shall not allow any third party to) copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover source code, or sell, assign, sublicense, or otherwise transfer any Content or right in any Software.
You agree not to access the Services by any means other than through the interface provided by OTO. Any rights not expressly granted are reserved, and no license or right to use any trademark of OTO or any third party is granted to you. The License may be terminated immediately at OTO’s sole discretion and, in any event, terminates upon termination or expiration of this Agreement.
You are solely responsible for all data, information, feedback, suggestions, text, content, and other materials that you upload, post, deliver, provide, or otherwise transmit or store in connection with the Services (“Your Content”). For every email sent outside your organization via the Services, you acknowledge and agree that OTO may automatically add an identifying footer in accordance with our policies.
You are solely responsible for maintaining the confidentiality of your login, password, Your Content, and account, and for all activities that occur under your login or account. For support purposes, designated OTO employees may access your OTO accounts, including production data and personally identifiable information (“PII”) within the dashboard and data storage locations. This access is audited regularly as part of OTO’s internal audit processes.
By posting Your Content on or through the Services, you grant OTO a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, publish, and perform Your Content. OTO has the right, but not the obligation, to monitor the Services, Content, and Your Content. You agree that OTO may remove or disable any Content (including Your Content) at any time for any reason (including upon receipt of third-party or governmental claims or allegations), or for no reason at all.
You understand that operation of the Services, including Your Content, may be unencrypted and may involve: (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices; and (iii) transmission to OTO’s third-party vendors and hosting partners to provide necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. You are solely responsible for adequate security, protection, and backup of Your Content. OTO has no liability to you for unauthorized access to or use of Your Content, or for corruption, deletion, destruction, or loss of Your Content, and you will indemnify and hold OTO harmless for any related claims, damages, or liability.
You own all of Your Content or have obtained all permissions, releases, rights, or licenses required to post and otherwise use it (and to allow OTO to perform its obligations) in connection with the Services, without further releases or consents. Your Content does not and will not violate, infringe, or misappropriate any third party’s intellectual property or privacy rights, and does not contain defamatory, obscene, unlawful, threatening, abusive, tortious, offensive, or harassing material.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or use the Services, including hardware, software, networks, and phone service (collectively, “Your Equipment”). Your Equipment must comply with all specifications set forth in OTO’s then-current policies. You are also responsible for maintaining the security of Your Equipment, your Account, passwords (including administrative and user passwords), and files, and for all uses of your Account or Your Equipment, with or without your knowledge or consent.
OTO reserves the right to use your name, company name, logo, and/or trade name as a reference for marketing or promotional purposes on the Website and in other communications with existing or potential Merchants. To decline this right, email support@tryoto.com stating that you do not wish to be used as a reference.
OTO may, in its sole discretion, provide technical support services by email, chat, or telephone in accordance with our standard practice.
Correct Information and Responsibility. The client acknowledges that initial billing is based on information provided, including shipment weight, and agrees that final billing will be determined according to the weight recorded in the final invoice issued by the shipping company. OTO reserves the right to deduct any additional charges resulting from discrepancies directly from the client’s wallet balance or saved credit card. If the wallet balance is insufficient or becomes negative, OTO may take all necessary legal actions through the competent authorities in the Kingdom of Saudi Arabia. The client bears full responsibility toward any third party and agrees to indemnify and hold OTO harmless from any damages, losses, or claims arising from the client’s violation of this policy and/or the shipment of prohibited items, with no liability on OTO in this regard.
6. Account
In order to create an account with OTO, you agree that you will provide accurate information to the best of your knowledge and belief (“Registration Information”) and will promptly update such Registration Information as necessary. Access to, and use of, the OTO Account is restricted to authorized users only.
You agree not to share your password(s), account information, or account access information to any third party. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your account(s) or as a result of your access to the account(s).
You agree to notify OTO immediately of any unauthorized use of your account. OTO shall not be liable for any unauthorized use of your account.
7. Subscription Fees, Credit Fees, and Related Payments
We offer several subscription plans on our Website (each a “Subscription Plan”). Information about our Subscription Plans is available on the Website. All prices shown exclude applicable taxes. You may upgrade or downgrade your Subscription Plan at any time during your subscription term, and OTO will apply the respective fees on a pro-rata basis.
7.1 Subscription Fees
When you register and create an account, you must choose a Subscription Plan that suits your business.
Except for the “Free Forever” plan, each Subscription Plan has its own pricing (“Subscription Fees”). Subscription Fees are available on the Website.
You agree to keep at least one valid payment method (“Authorized Payment Method”) on file with us for payment of Subscription Fees.
If you select a Subscription Plan other than the “Free Forever” plan, the Subscription Fees are prepaid monthly or yearly. You must pay the Subscription Fees at the time(s) indicated on your dashboard in order to unlock the features of your plan and to continue using your OTO account without interruption. Otherwise, OTO may suspend your use of the Services.
If you select the “Free Forever” plan, no Subscription Fees apply. However, you may unlock features by charging your account with credits (“Credit Fees”) using your Authorized Payment Method. Credit Fees are paid in advance and used to generate shipping labels. Upon successful delivery of an order via a shipping courier, one credit will be deducted from your balance.
OTO reserves the right to change Credit Fee rates at any time, and you are responsible for reviewing any changes periodically. You must maintain credits in your OTO Account at all times. If your balance is empty or insufficient to cover a service, you will not be able to use your account or generate shipping labels.
OTO may adjust its rates in response to currency fluctuations, including currency conversion rate changes, conversion fee changes, and/or discount rate changes. OTO will indicate the currency used for a transaction, but OTO is not responsible for any fees or exchange rates charged by third-party payment providers.
All Credit Fees are non-refundable after 30 days from the date you charged your account. The minimum refund amount, if applicable, is SAR 150.
All Subscription Fees are non-refundable. If you cancel your subscription before the end of the subscription period, you will not receive a refund for any unused portion.
7.2 Credit Fee Disputes
If you disagree with any Credit Fees charged to your account, you must submit a complaint to OTO within thirty (30) days of the charge (“Dispute Period”). OTO will inform you of its decision, which will be final and binding. OTO will not review requests received after the Dispute Period. OTO reserves the right to apply any available COD balance held for the Client to offset any negative credit balance in the account. If the account balance remains negative after application of the COD balance, OTO may automatically charge the remaining outstanding amount to the Client’s registered credit card.
Taxes
All Subscription Fees, Credit Fees, charges, and any other amounts charged by OTO are exclusive of any applicable value-added, sales/use, or goods and services taxes (“Transaction Taxes”). Where applicable, you are responsible for all Transaction Taxes arising in connection with Credit Fees or other amounts charged by OTO.
Renewal of Subscription Plans
Unless you have selected the “Free Forever” plan, your Subscription Plan begins upon payment of the Subscription Fees and continues for the subscription period indicated in the plan. If you do not wish to renew, you must cancel before the end of the current subscription period. Your plan will automatically renew at the end of each billing period, and you authorize OTO to use your Authorized Payment Method to withdraw the applicable Subscription Fees.
If OTO is unable to withdraw the Subscription Fees due to lack of funds or any other reason, OTO will notify you and you shall promptly address the matter. After three (3) consecutive notifications allowing a reasonable period to cure the issue, OTO will automatically downgrade your plan to the “Free Forever” plan.
Amendments to Subscription Plans
We reserve the right to modify, terminate, or otherwise amend Subscription Plans at any time without prior notice. If we make material changes, we will notify you in advance. We may suspend or terminate your subscription at any time for good cause, including your violation of these Terms, our policies, or any applicable law.
8. Intellectual Property
Definition
For purposes of this Agreement, “Intellectual Property” means: (a) OTO’s methodology for provision of Services; (b) the Website’s Content, features, and tools; and (c) OTO’s websites, designs, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products, and materials. OTO retains all worldwide right, title, and interest in and to the Intellectual Property. Any rights not expressly granted herein are retained by OTO. You acknowledge that all right, title, and interest in the Intellectual Property are owned by OTO. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or exploit any Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and all OTO Content are retained by us.
Additional Restrictions
Other than as permitted herein, you shall not (and you shall not permit others to) subject to liability and Indemnity in addition to account deactivation, directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Intellectual Property, or otherwise attempt to discern the functioning or operation of the Website(s) or Services; or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. For clarification purposes, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of OTO, and you shall not copy, imitate, or use them without our express prior written consent.
You may use HTML logos provided by OTO through our Services, auction tools features, or affiliate programs without prior written consent solely for the purpose of directing web traffic to tryoto.com. You shall not alter, modify, or change such HTML logos in any way, use them in a manner that is disparaging or otherwise adverse to OTO or the Services, or display them in any manner that implies OTO’s sponsorship or endorsement. You shall not (and you shall not permit others on your behalf to): (i) use any robot, spider, scraper or other automated means to access the Website or Services for any purpose without OTO’s express written permission, (ii) interfere or attempt to interfere with the proper working of our Website or any activities conducted on the Website, or (iii) bypass any measures OTO may use to prevent or restrict access to the OTO Website or the Services.
Client Property
All materials provided by you under any engagement shall be deemed “Client Property” for purposes of the Terms. You hereby grant to OTO a non-exclusive license to the Client Property solely as needed to provide the Services. No other licenses, express or implied, under any intellectual property rights are granted by you to OTO under these Terms.
9. Confidential Information
Definition
Each party (“Recipient”) acknowledges that it may receive Confidential Information as defined herein. For purposes of these Terms and subject to the exclusions set forth below, “Confidential Information” means any information provided to it by the other party that is marked, labeled, or otherwise designated as confidential or proprietary, or that the Recipient knew, or should have known, was confidential due to the circumstances surrounding the disclosure.
Exclusion
Information that is subject to one of the exclusions below shall not be Confidential Information. The exclusions include the following: (a) information publicly known at the time of disclosure, (b) information received by Recipient without restriction from a third party, (c) information published or otherwise made known to the public by Discloser, (d) information that was generated independently without reference to the Discloser’s Confidential Information, or (e) information that is required to be disclosed under a court order or pursuant to any applicable governmental rule, regulation or statute, provided that Recipient provide Discloser with prior written notice of such disclosure, (as permitted by law) and the timing for response set forth in the request.
Standard of Care
Recipient shall not use the Confidential Information for any purpose other than as required by these Terms. Recipient shall not disclose the Confidential Information to any third party, other than as required to perform the Services. Recipient shall use at least the same standard of care with the Discloser’s Confidential Information as it does with its own Confidential Information, but in no event with less than reasonable care. Each party acknowledges that breach or threatened breach of this provision would result in irreparable harm to the other party, for which money damages would be an insufficient remedy, and therefore that the other party will be entitled to seek injunctive relief to enforce the provisions of this Section.
Return or Destruction
Other than transactional information that is retained in the ordinary course of OTO’s business, each party shall either promptly return all Confidential Information or confirm that such Confidential Information has been destroyed promptly after receipt of electronic written request from the other party.
Aggregate Use
Subject to the Terms herein, you hereby acknowledge and agree that OTO may compile aggregate results from all of, or a selection of, your use of the Services, provided that OTO shall not disclose any information that would individually identify you (“Aggregate Information“). Such Aggregate Information shall be deemed to be OTO’s Confidential Information. You also hereby agree that OTO may review and use your individual use of the Services in order to provide Services to you, to evaluate OTO’s provision of the Services, and to improve OTO’s Services offerings.
Privacy Policy
OTO believes in protecting your privacy. Any information you provide to us or input on the Website as set out above will be used in accordance with our privacy policy found on this page (www.tryoto.com/legal/privacy) (“Privacy Policy“). We do not sell, rent, or otherwise disclose your Confidential Information to a third party without your consent or as permitted by the Privacy Policy.
10. Indemnification
You agree to indemnify and to hold harmless OTO, our officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use of the Services and/or your violation of the Terms. Upon requesting our Services, you agree to indemnify and hold harmless OTO from any and all claims for transportation, storage, handling, and other charges relating to the goods in respect of the shipment, including undercharges, rail demurrage, truck/intermodal detention, and other charges of any nature, whether or not OTO accepts such order.
11. Disclaimers
The Services and Website are provided on an “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS basis. OTO and OTO’s suppliers expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement for the Services, the Website, and any third-party services.
Your use of the Services, Website, or third-party services is at your own risk. OTO may not monitor, control, or vet user content. Your use of the Website is at your own discretion and risk. OTO makes no claims or promises about the quality, accuracy, or reliability of the Website, its safety or security, or the site content. Accordingly, OTO is not liable for any loss or damage that might arise from the Website’s inoperability, unavailability, or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the Website. OTO makes no claims or promises with respect to any third party, such as businesses or advertisers listed on the site or site users.
Accordingly, OTO is not liable for any loss or damage that might arise from their actions or omissions, including misuse of your content, identity, or personal information, or any negative experience with businesses or advertisers listed or featured on the Website. Your purchase and use of products or services offered by third parties through the Website is at your own discretion and risk. OTO expressly disclaims all warranties, whether express or implied, including warranties as to services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your sole and exclusive remedy in case of dissatisfaction with the Website, related services, or any other grievance is to terminate and discontinue access to or use of the Website. OTO disclaims liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages; (ii) loss of profits; (iii) business interruption; (iv) reputational harm; or (v) loss of information or data.
No Continuous Access
OTO does not guarantee continuous, uninterrupted, or secure access to the Services. Operation of the Services may be interfered with by numerous factors outside our control. OTO will make reasonable efforts to process requests for receiving or shipping merchandise in a timely manner, but makes no representations regarding processing time because our Services depend on factors outside our control, such as delays caused by third parties. OTO is not liable for any direct, indirect, or incidental damages (including loss of profit, goodwill, use, or data) resulting from our inability to provide the Service. We reserve the sole right to discontinue the Website and our Services, including any Website features, at any time with or without notice to you.
Others
You understand that OTO does not inspect your goods, nor does OTO take responsibility for business decisions you make and implement through the Services. You acknowledge that OTO is not the Merchant of Record, not the Importer of Record, and not the owner of any product shipped by you through OTO.
12. Liability
Third-Party Liability
By accepting the Terms, you acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
Waiver of Consequential Damages and Limitation of Liability
In no event shall OTO be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of shipments, loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website, any content, or any third party websites and content. Other than as set forth below, in no event shall OTO’s liability under this agreement exceed the monies paid or payable by you to OTO for the applicable services, excluding carrier fees or other third-party fees (“Damages Cap”). In the event of an unauthorized transaction by an OTO employee or agent, OTO’s maximum liability shall be limited to the Damages Cap. OTO must be notified within five (5) days after any unauthorized transaction, or you acknowledge to waive all damages from OTO.
Customs
OTO shall not be liable for any loss, delay, or damage of items shipped while in the hands of local customs. In addition, OTO shall not be held responsible in the event that the local customs confiscates, holds, or denies release of the shipment to the receiver.
Third Party Service Providers
OTO is a technology platform that connects you to third-party shippers and couriers. In no circumstances will OTO be liable for any Services or information provided by any third-party shipper or courier. Under no circumstances OTO will be held responsible or liable for any damage, destruction, loss, late delivery of shipment, failures in handling in shipments to third party shippers/couriers, failed or late shipment collection by a third party shipper/courier, or any issues with tracking updates, also OTO is not liable for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third party shipper/courier (including, without limitation, any delay, wrong, or missed pickup by third party shipper/courier). OTO is not liable for the delivery time information shown on the Website. Further to the above, OTO connects you with warehouse service providers.
You acknowledge and agree that OTO does not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any warehouse service providers with whom you or any of your affiliates may contract, regardless of the purpose.
Other
OTO is not liable for any fees, expenses, or resulting as a consequence of a change of information from your side (for example, change of address, order cancellation, or order call-back), after a shipment has been confirmed and paid for on OTO. OTO is not liable for any delay in the generation of shipping documents.
13. Termination
You have the right to terminate your account at any time by deactivating it. Kindly check section 6.1 for the refund policies applicable to Subscription Fees and Credit Fees. Subject to earlier termination as provided below, OTO may deactivate and cancel your account and these Terms at any time by providing ten (10) days' prior notice to the administrative email address associated with your account. In addition to any other remedies we may have, OTO may also terminate these Terms upon ten (10) days’ notice (or immediately in the case of non-payment), if you breach any of the Terms or conditions of these Terms. Also, OTO reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). Except as provided above, upon any termination of your account, OTO may store all of your content on the Services (if any), or it may be permanently deleted by OTO, in its sole discretion.
14. Disputes
Please note, while disagreements sometimes arise, OTO wants to address any complaint with the Services in a proactive manner. Please log a support case for resolution. You can send an email to support@tryoto.com. If you feel an escalation is merited, please email support@tryoto.com regarding your unresolved case and your concern. For purposes of clarity, this does not waive the notice requirement set forth below.
15. Governing Law and Competent Jurisdiction
These Terms and any dispute, claim, controversy, or matter arising out of or relating to these Terms, including their existence, validity, interpretation, performance, breach, termination, or any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws applicable to the OTO entity providing the relevant Services to the Customer, as determined below.
Where the Services are provided by:
(a) OTO Global Arabia Company For Information Technology
these Terms shall be governed by the laws applicable to KSA, and the competent courts of Riyadh, Kingdom of Saudi Arabia, shall have exclusive jurisdiction over any dispute arising out of or in connection with the Services provided by OTO Saudi Arabia.
(b) Ltd Innovation Global OTO:
These Terms shall be governed by the laws applicable to UAE, and the competent courts of the United Arab Emirates shall have exclusive jurisdiction over any dispute arising out of or in connection with the Services provided by OTO UAE.
(c) OTO GLOBAL TURKEY YAZILIM VE BİLGİ TEKNOLOJİLERİ TİCARET LİMİTED ŞİRKETİ:
These Terms shall be governed by the laws applicable to Turkey, and the competent courts of Turkey shall have exclusive jurisdiction over any dispute arising out of or in connection with the Services provided by OTO Turkey.
For the avoidance of doubt, the applicable OTO entity shall be identified in the relevant customer agreement, order form, invoice, account registration process, or other applicable commercial documentation.
Nothing in these Terms shall limit OTO’s right to seek interim, injunctive, protective, or conservatory relief before any competent court where necessary to protect its rights, prevent fraud, misuse of the Services, unauthorized access, or other unlawful activities.
16. General Provisions
Severability
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable, and the remaining provisions of these Terms shall remain in effect and enforceable in accordance with their terms.
No Waiver
Failure or delay of OTO to exercise a right or power under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
Notices to You
You agree that OTO may provide notice to you by posting it on our Website, emailing it to the email address listed in your account, showing a notification when you log in to your account, or mailing it to the street address listed in your account. Such notice shall be considered to be received, read, and understood by you within 24 hours of the time it is posted to our Website or emailed to the email address listed in your account. If the notice is sent by mail, we will consider it to have been read and understood by you within 24 hours of the time it is delivered. OTO reserves the right to terminate your account if you withdraw your consent to receive electronic communications.
Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without OTO’s prior written consent, and any attempted assignment without that consent will be void. OTO reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this Section, these Terms shall be binding on and inure to the benefit of the parties’ successors and assigns.
Attorneys’ Fees and Costs
OTO shall have the right to collect from you its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing these Terms.
Force Majeure
OTO shall not be liable for any delays or inability to perform the Services caused by acts beyond OTO’s control, including, without limitation, acts of God or acts of third-party Service providers, including, but not limited to, carriers and postage systems. When goods are ordered out, in the case of acts of God, war, terrorism, public enemies, seizure under legal process, strikes, lockouts, riots and civil commotions, power outage, network failure or any reason beyond OTO’s control, or because of loss or destruction of goods for which OTO is not liable, or because of any other excuse provided by law, OTO shall not be liable for failure to carry out such instructions.
Links to Other Policies
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