oldhamite.com

Terms of Service

Last Updated: September 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and oldhamite ("oldhamite," "we," "us," or "our") governing your access to and use of the oldhamite.com software-as-a-service platform, applications, application programming interfaces, documentation, and all related services made available at oldhamite.com and any associated suboldhamites (collectively, the "Service"). By registering for an account, clicking to accept these Terms, or otherwise accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease all use of the Service.

These Terms incorporate by reference our Privacy Policy, our Cookie Policy, and any order form, statement of work, or subscription plan documentation executed between you and Oldhamite. In the event of a conflict between these Terms and a mutually executed written agreement signed by an authorized officer of oldhamite, the signed agreement controls solely with respect to the subject matter of the conflict. These Terms are effective as of the date set forth above and apply to all versions of the Service unless expressly superseded in writing.

1. Service Description

oldhamite.com is a cloud-based software service provided by Oldhamite. Subject to your continuous compliance with these Terms and payment of all applicable fees, oldhamite grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the applicable subscription term solely for your internal business or personal purposes, in accordance with the documentation and any usage limits specified in your order form.

The Service may include integrations with third-party products, platforms, or data sources. oldhamite does not control and is not responsible for the availability, content, security practices, or performance of any third-party service. Your use of any third-party integration is governed solely by the terms and privacy practices of the applicable third-party provider, and oldhamite disclaims all liability arising therefrom to the maximum extent permitted by law.

Certain features may be designated as "beta," "preview," "early access," or "experimental." Such features are provided "AS IS" and "AS AVAILABLE," may be modified or discontinued at any time without notice, may contain errors, and are expressly excluded from any service level commitment, warranty, or indemnity otherwise offered by Oldhamite.

The Service is not intended to provide legal, medical, financial, accounting, tax, or other professional advice, and no output generated by the Service constitutes such advice. You are solely responsible for independently verifying any output before relying on it. The Service is offered only to individuals who are at least eighteen (18) years of age and legally competent to enter into binding contracts; individuals between thirteen (13) and eighteen (18) years of age may use the Service only through an account established and supervised by a parent or legal guardian. Consistent with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 (COPPA), and the COPPA Rule as amended effective June 2025 (16 C.F.R. Part 312, 2025 amendments), we do not knowingly collect personal information from children under thirteen (13).

2. User Accounts

To access most features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to promptly update such information to keep it accurate and complete. You may not impersonate any person or entity, misrepresent your affiliation, or create an account using false or misleading information. oldhamite reserves the right to reject, suspend, or terminate any account that contains inaccurate, misleading, or incomplete information.

You are solely responsible for maintaining the confidentiality of your login credentials and API keys, and for all activity that occurs under your account, whether or not authorized by you. You must notify oldhamite immediately at [email protected] upon discovering any unauthorized access, credential compromise, or security incident. oldhamite will not be liable for any loss or damage arising from your failure to safeguard your credentials, and you may be liable for losses incurred by oldhamite or third parties as a result of such failure.

If you register on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and "you" refers to both you individually and that entity. You are responsible for the acts and omissions of all authorized users you grant access to, and you must ensure that each such user complies with these Terms. Account access is limited to the number of seats or users specified in your order form, and sharing login credentials among unlicensed individuals is prohibited.

We may require you to implement reasonable security measures, including multi-factor authentication where available. We may suspend access to your account if we reasonably believe your account has been compromised or is being used in violation of applicable law or these Terms.

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms, all applicable local, state, federal, and international laws and regulations, and our published documentation and technical requirements. Without limiting the foregoing, you are responsible for complying with all laws applicable to the data you submit to the Service, including applicable data protection and privacy statutes such as the California Consumer Privacy Act as amended by the CPRA (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act (Va. Code § 59.1-575 et seq.), the Colorado Privacy Act (C.R.S. § 6-1-1300 et seq.), the Connecticut Data Privacy Act (Conn. Gen. Stat. § 42-515 et seq.), the Utah Consumer Privacy Act (Utah Code § 13-11-101 et seq.), and other state comprehensive privacy laws (TX, OR, MT, FL, TN, and others), as well as sector-specific statutes such as the Health Insurance Portability and Accountability Act (HIPAA) where applicable and the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 (GLBA) for financial institutions.

You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, or algorithms of the Service, except to the extent such restriction is prohibited by applicable law. You may not resell, sublicense, rent, lease, time-share, or otherwise commercially exploit the Service or make it available to any third party other than your authorized users without oldhamite's prior written consent.

You may not use the Service to develop a competing product or service, to benchmark or conduct penetration testing against the Service without prior written authorization, or to circumvent any usage limits, rate limits, authentication mechanisms, or access controls. You must promptly report to oldhamite any security vulnerability or unauthorized access you discover.

Where the Service is used to process payment or transactional data, you agree to comply with applicable payment card network rules and, where applicable, the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA). Where the Uniform Computer Information Transactions Act (UCITA, adopted only in MD/VA/LA) applies to a transaction, the parties agree that these Terms govern to the extent permitted. Where the Uniform Commercial Code (UCC) Article 2 as adopted by the states applies to any transaction under these Terms, the parties agree to vary its provisions only as expressly permitted by these Terms.

4. Prohibited Activities

In addition to the prohibitions set forth above, you agree not to engage in any of the following activities in connection with the Service, and any such activity constitutes a material breach of these Terms:

  • Uploading, transmitting, or storing any content that is unlawful, defamatory, obscene, harassing, hateful, discriminatory, or that infringes or misappropriates the intellectual property, privacy, or publicity rights of any third party.
  • Uploading or distributing malware, ransomware, spyware, worms, viruses, Trojan horses, or any other harmful code, or engaging in any denial-of-service attack, botnet activity, or other disruptive conduct.
  • Attempting to gain unauthorized access to the Service, other users' accounts, or any related systems, networks, or infrastructure, including through credential stuffing, brute-force attacks, or exploitation of vulnerabilities.
  • Scraping, crawling, harvesting, or extracting data from the Service by automated means, except through documented public APIs used in accordance with our rate limits and written policies.
  • Using the Service to send unsolicited bulk communications, spam, phishing messages, or deceptive commercial communications in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act), 15 U.S.C. §§ 7701 et seq., or any comparable law.
  • Using the Service in any manner that violates the Electronic Communications Privacy Act, 18 U.S.C. § 2511, state wiretapping or computer crime statutes (including the California Invasion of Privacy Act, Cal. Penal Code § 631), or applicable intercept-and-recording laws.
  • Engaging in fraudulent, deceptive, or unfair acts or practices within the meaning of the Federal Trade Commission Act § 5, 15 U.S.C. § 45 (FTC Act — unfair/deceptive practices), or making false or misleading statements regarding the Service or its outputs.
  • Circumventing, disabling, or interfering with security-related features, access controls, or features that restrict or prevent copying, recording, or misuse of the Service.
  • Using the Service to build or train a machine-learning model, dataset, or competing service without oldhamite's prior written consent.
  • Violating any applicable export control, sanctions, anti-money laundering, or anti-terrorism law, or using the Service from a jurisdiction subject to U.S. trade embargo.

oldhamite reserves the right to investigate suspected violations, to cooperate with law enforcement, and to suspend or terminate access immediately, without prior notice, where we reasonably determine that your conduct poses a risk of harm, legal liability, or disruption to the Service or other users.

5. Content Ownership

As between you and oldhamite, oldhamite and its licensors retain all right, title, and interest in and to the Service, including all software, source code, object code, architecture, user interfaces, designs, algorithms, models, documentation, trademarks, service marks, logos, and derivative works thereof. The Service is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. No rights are granted to you except those expressly stated in these Terms.

You retain all right, title, and interest in and to the data, documents, text, files, and other materials that you upload, submit, or transmit to the Service ("Customer Data"). You grant oldhamite a worldwide, non-exclusive, royalty-free, fully paid license to host, store, cache, process, transmit, display, reproduce, and create derivative works of Customer Data solely as necessary to provide, maintain, secure, and improve the Service, to comply with applicable law, and to enforce these Terms. This license terminates when your Customer Data is deleted from the Service in accordance with our retention practices, except where retention is required by law.

You represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to submit Customer Data to the Service and to grant the license described above, and that such submission does not violate any third-party right or applicable law. You are solely responsible for the accuracy, quality, legality, and content of Customer Data.

If you provide comments, suggestions, ideas, or feedback regarding the Service, you grant oldhamite a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback into the Service without attribution or compensation. All goodwill arising from your use of oldhamite's marks inures to the benefit of Oldhamite.

6. User-Generated Content

The Service may allow you to create, upload, publish, or share content that is visible to other users or the public, including comments, profiles, templates, configurations, and collaborative materials ("User-Generated Content"). You retain ownership of your User-Generated Content, subject to the license granted in Section 5. You are solely responsible for your User-Generated Content and the consequences of posting it.

By posting User-Generated Content, you represent and warrant that you have all rights necessary to do so, that your content does not infringe any third-party intellectual property or privacy right, and that it complies with Section 4 of these Terms. oldhamite does not endorse, verify, or assume responsibility for any User-Generated Content and disclaims all liability arising from it to the fullest extent permitted by law.

We respect the intellectual property rights of others and comply with the notice-and-takedown provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe that content on the Service infringes your copyright, please send a written notice to [email protected] including: (i) a physical or electronic signature of the copyright owner or authorized agent; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification and location of the allegedly infringing material; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.

oldhamite maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. We may remove or disable access to any User-Generated Content that we reasonably believe violates these Terms or applicable law, with or without notice, and we may preserve and disclose such content where required by law or legal process.

7. Payment Terms

Fees for the Service are set forth in your order form, subscription plan, or pricing page and are payable in U.S. dollars unless otherwise stated. All fees are non-refundable except as expressly provided in these Terms or required by applicable law. Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected) and will automatically renew for successive terms of equal length unless either party provides written notice of non-renewal at least thirty (30) days before the end of the then-current term.

In accordance with the Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405 (ROSCA), we disclose all material terms of recurring charges before obtaining your billing information, we obtain your express informed consent before charging your payment method, and we provide a simple mechanism to stop recurring charges at any time through your account settings or by contacting [email protected]. If you use a free trial, we will disclose the trial length and the date on which billing begins, and we will not charge you unless you affirmatively opt in or the disclosed trial terms provide otherwise with your express consent.

You authorize oldhamite and its payment processors to charge your designated payment method for all fees, applicable taxes, and any late charges. You are responsible for providing valid, current payment information and for all taxes, duties, and government charges arising from your use of the Service, excluding taxes based on oldhamite's net income. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend the Service for non-payment after providing notice.

All charges are exclusive of applicable sales, use, value-added, and similar taxes, which will be added where required. If you believe a charge is incorrect, you must notify us at [email protected] within thirty (30) days of the charge; otherwise, you waive any right to dispute the charge. Chargebacks or payment reversals initiated without first contacting us may result in immediate suspension of your account. We may change our fees upon at least thirty (30) days' notice, effective at the start of your next renewal term.

8. Service Modifications

oldhamite is continually improving the Service. We reserve the right to modify, enhance, update, or discontinue any feature, functionality, or component of the Service, in whole or in part, at any time. We will use commercially reasonable efforts to provide notice of material adverse changes to core functionality at least thirty (30) days in advance, except where a shorter period is required by law, security, or third-party dependencies.

We may perform scheduled maintenance, emergency maintenance, or infrastructure upgrades that temporarily interrupt access to the Service. We will endeavor to schedule routine maintenance during off-peak hours and to provide advance notice where practicable. Downtime for maintenance, force majeure events, or causes outside our reasonable control does not constitute a breach of these Terms.

Unless a separate written service level agreement is executed by both parties, the Service is provided without any availability guarantee, uptime commitment, or service credit obligation. Any descriptions of performance, capacity, or feature availability in marketing materials are for informational purposes only and do not form part of these Terms.

We may also modify these Terms from time to time. Material changes will be posted on this page with an updated "Last Updated" date, and where required by law or where the change is material, we will provide notice by email or in-product notification. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND oldhamite EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, oldhamite DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT. Certain jurisdictions do not permit the exclusion of certain warranties; in such jurisdictions, the exclusions above apply to the fullest extent permitted, consistent with the Uniform Commercial Code (UCC) Article 2 as adopted by the states.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, oldhamite AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, oldhamite'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO oldhamite FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THIS CAP APPLIES IN THE AGGREGATE AND NOT PER INCIDENT.

The limitations above do not apply to: (i) your payment obligations; (ii) your indemnification obligations; (iii) either party's gross negligence, willful misconduct, or fraud; (iv) oldhamite's infringement indemnity, if any, expressly stated in a signed agreement; or (v) any liability that cannot be limited or excluded under applicable law. The parties agree that these limitations reflect a reasonable allocation of risk and are a fundamental basis of the bargain.

10. Termination

These Terms remain in effect until terminated. You may terminate your account at any time by providing written notice to [email protected] or by using the cancellation function in your account settings. Termination is effective at the end of your then-current billing period, and you remain responsible for all fees due through that date. Prepaid fees for unused periods are non-refundable unless required by applicable law.

oldhamite may suspend or terminate your access to the Service immediately, with or without notice, if: (i) you materially breach these Terms; (ii) you fail to pay undisputed fees when due; (iii) we are required to do so by law or legal process; (iv) your use poses a security risk or threatens harm to the Service, oldhamite, or third parties; or (v) your account has been inactive for an extended period following notice. Where practicable and where the breach is capable of cure, we will provide notice and a reasonable opportunity to cure before termination.

Upon termination or expiration, your license to use the Service ends immediately, and you must cease all use of the Service. We will make your Customer Data available for export for thirty (30) days following termination, after which we may delete or archive it in accordance with our retention policies and applicable law. You are solely responsible for exporting your Customer Data before termination.

The following provisions survive termination: Content Ownership; User-Generated Content (as to licenses and representations); Payment Terms (as to accrued amounts); Limitation of Liability; Indemnification; Governing Law and Dispute Resolution; and any other provision that by its nature should survive. Termination does not relieve you of any liability arising from your use of the Service before termination.

11. Contact Information

If you have questions, concerns, or notices regarding these Terms or the Service, please contact oldhamite using the details below. Formal legal notices must be sent in writing to the address provided and are deemed given upon receipt or, if sent by email, upon confirmation of receipt.

  • Company: oldhamite
  • Email: [email protected]
  • Phone: +16092974262
  • Address: 415 Mission Street, San Francisco, CA 94105, United States

By using oldhamite.com, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. If you do not agree with any part of these Terms, your sole remedy is to discontinue use of the Service.