IMPORTANT NOTICE:
THIS IS A LEGAL AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SER FORTH IN THIS TERMS OF SERVICE, YOU MAY NOT USE OTUBIO SERVICES AND/OR THE OTUBIO APP. BY ACCESSING THIS WEBSITE OR THE OTUBIO APP, YOU FULLY ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. ENSURE THAT YOU FULLY UNDERSTAND THIS AGREEMENT PRIOR TO USING OUR SITE AND/OR SERVICES.
This Agreement is entered into between any visitor to Otubio and the Otubio app. For the purposes of this agreement, the visitor shall be referred to as "User or You" while all references stating "company" shall refer to the owners of Otubio.com and the Otubio app.
By accessing Otubio and using its products and services, you agree to be bound by the terms stated. The Pinless services and calling cards have additional information explicitly stated under the product information. This agreement covers your acceptance of the production information as well. Also, amendments may be made to the terms of service at any time. Whenever an amendment is made, it will be posted on Otubio and the date of that change will also be posted.
If you live in a region where the law prohibits the use of any or all of the company's services, you may not use the services in that region. It is the user's responsibility to verify that the services are not prohibited in the user's area of domicile.
Customer service is available to our customers. For faster results please contact using our contact page at Contact Otubio. To contact Otubio by phone please dial 832-2-OTUBIO (832-2-688246)
To use Otubio services, the user is required to register an account. The user is fully responsible for this account and will not hold Otubio liable for any unauthorized access to this account. As part of its commitment to ensure user account safety, Otubio provides a "One time Password" login code option that helps secure access to each users account. Anytime a user tries to login, a onetime code is sent to the users registered email. This helps deter unauthorized access to the account. Otubio will not be held liable if user allows other people to gain access to their passwords.
Otubio has the right to refuse, restrict, and/or limit service to any user. If it is deemed that a user has abused or constantly violated the terms of service, Otubio may remove and/or terminate the services of the user. Otubio reserves the right to cancel any account that has been inactive for more than six (6) months. An account terminated for violation of service will not receive any refunds whatsoever.
Otubio services do not support emergency calls. Otubio services are not intended to carry emergency calls to any medical facility or government agency. For emergency calls, please use your mobile carrier or any other land phone service. Otubio does not offer emergency call capability. Otubio will not be held liable for user's inability to dial emergency numbers.
Payments to Otubio are made either online, via the app, or through the phone by way of IVR. Otubio accepts major credit cards and PayPal. All payments are processes through a third party payment processor and credit card information is not stored by Otubio servers.
Otubio rates are fully published at Otubio Rates. Otubio rates and special promotions/packages may be changed/updated without any advanced notice. Otubio uses One (1) minute rounding increments for calls. For example, if you make a call that lasts for two (2) minutes and thirty five (35) seconds, you will be charged for three (3) minutes. Also the minimum connection time is also one (1) minutes. This means if you make a call that lasts for only two (seconds), you will be charged one (1) minute for that call.
If service interruption occurs or the user is not able to get services paid for, Otubio will make reasonable efforts to rectify the situation. If service is still not restored, Otubio may at its discretion offer refunds to you, the customer. This refund will only be given if the user is unable to make calls. Refunds will not be given due to bad call quality since call quality is dependent on the user's cell service/internet and the telecommunication carrier.
In order to buy/use Otubio services, the user is required to provide a full name, phone number and contact information. Otubio does not market services to minors. If you register on this site, you are legally stating that you are of legal age to make a purchase. Any user found violating this law will be immediately removed from the site. The user also agrees to stay away from illegal/fraudulent activity on the site. The user shall comply with the laws and regulations governing online ecommerce activity. Illegal use of credit cards and intentional/fraudulent use of names for deceptive purposes shall be reported to the applicable legal and regulatory authorities. User agrees to stay away from fraudulent activities.
Otubio provides special packages with validity days as well as unlimited calling plans. The packages and unlimited calling plans differ from the pay as you go plans in that they require at least a 30 day requirement or subscription model. The unlimited plans provided by Otubio are for normal use and are not to be used commercially. Otubio, at its discretion will monitor accounts to check for abuse. Abuse includes using the service for Business calls, auto dialers, call centers or excessive call patterns beyond normal consumer usage. Excessive call patterns include those that exceed the typical usage of approximately 90% of current customers. Abusive usage may also include using more than 1000 minutes within a 24 to 48 hour period. Premium and Specialty numbers are not included in the unlimited and special packages plans. If it is determined that a customer is abusing the package subscribed to, Otubio may suspend said account holder. Also, the unlimited plans and special packages are limited to one user per account. If a customer provides access to the account to multiple users, Otubio may suspend the account. Susbcription packages and Unlimited plans automatically renew every month. To cancel subscriptions, customers can also contact Otubio. Once customer has indicated they no longer wish to be subscribed, subscriptions will be cancelled. Unused balances will not be refunded.
User agrees to release, indemnify, defend and hold harmless Otubio, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of User's purchase of Products on this website and/or use of this website. Otubio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User hereunder, and in such event, User shall have no further obligation to provide indemnification for such matter.
This website and the products on this site are provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, system integration, title and non-infringement. In particular, but without limitation, Otubio.com does not warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. Otubio.com does not warrant or make any representations regarding the use or the results of the use of this website or the products, in terms of its correctness, accuracy, timeliness, reliability or otherwise. User understands and agrees that it assumes total responsibility for its use of this website and the products on this website.
Otubio.com and its affiliates and content providers and their respective shareholders and affiliates shall not be liable for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or other indirect, special, incidental, exemplary or consequential damages of any kind arising out of this agreement, even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred, and notwithstanding any failure of essential purpose of any limited remedy. This exclusion includes any liability that may arise out of third-party claims against user. User further agrees if user becomes entitled to any recovery that its recovery shall be limited to the amount of fees or payments made to Otubio, if any, for the product at issue.
Otubio.com will not be liable for any failure of performance due to causes beyond its control, including, but not limited to, acts of god, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.
Except as specifically provided, Otubio.com will not be liable for any act or omission of any company furnishing a portion of the service or of any third party, including those vendors participating in offerings made to user, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with Otubio.com services.
No dispute or claim may be brought as a class action or as a private attorney general, and User will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim. No waiver of the Terms and Conditions is valid.
The Terms and Conditions are binding upon User and Otubio.com and upon, respectively, User's and Otubio.com's agents and heirs. If any part or provision of these Terms and Conditions is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of these Terms and Conditions, which will still be given full force and effect.
If User has a dispute concerning the Products, User should first contact Otubio.com's customer service, as specified on the website at, Contact Otubio. If User is unable to resolve the dispute with customer service, User agrees that the exclusive forum for resolution shall be through arbitration. Arbitration is final and binding. User agrees that all disputes arising out of or related to these Terms and Conditions (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted to the American Arbitration Association ("AAA"), for final and binding arbitration. For consumers, the arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules ("AAA Rules"), as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms and Conditions. For businesses that purchase Otubio.com's Products, the arbitration will be conducted under the AAA Arbitration Rules for Commercial Disputes, as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms and Conditions.
The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Additional charges may apply for such procedures. The award may be confirmed and enforced in any court of competent jurisdiction. Currently, the AAA Rules provide for reduced filing fees for consumers. Unless otherwise provided for in the AAA Rules or in the arbitration award, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between User and Otubio. Each party will bear the cost of preparing and presenting its own case. Any in-person arbitration proceedings will be held in Houston, TX, unless otherwise mutually agreed upon by the parties. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought as a class action or as a private attorney general, and User will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to the Products. Any dispute or claim arising out of or relating to these Terms and Conditions must be brought within one (1) year after the date on which the basis for the dispute or claim first arises, regardless of applicable statutes or laws to the contrary
